Employment Legislation Flashcards
How is a bill created into law?
- The bill is introduced to the senate or house of representatives.
- The bill is reviewed by the appropriate committee or subcommittee.
- The subcommittee reviews the bill, holds hearings, and makes amendments it deems necessary .
- Once the subcommittee is satisfied with the bill, it represents the new version to the full committee
- If the full committee approves the bill, the bill goes to the full chamber, where it was originally introduced (senate or house) for the debate and final vote.
- If the bill is approved by the first chamber, it is then introduced to the second chamber where it is reviewed in similar fashion. Bill must be approved by both chambers.
- It is presented to the president for signature where the bill is now law.
What is lobbying?
Lobbying is a form of advocacy with the intent of influencing legislators.
Describe The Equal Pay Act 1963
This was the first anti-discrimination act to protect women and prohibits discrimination on the basis of sex.
Describe The Civil Rights Act (Title VII) 1964
- Prohibits employment discrimination based on race, color, religion, gender, national origin, age (40+), disability, or sexual orientation.
- Prohibits discrimination of pregnancy or childbirth
- Prohibits workplace harassment
-Prohibits retaliation against employees who file complaints
Describe the Age Discrimination in Employment Act (ADEA) 1967
- Prohibits employment discrimination against age 40+
- Prohibits mandatory retirement based on age
- Prohibits limiting employees statues due to age
Describe The Equal Employment Opportunity Act (EEOA) 1972
- Prohibits specific job discrimination
- Whistle-blower protection from retaliatory employment actions
Describe The Pregnancy Discrimination Act 1978
- Prohibits discrimination against women due to childbirth and maternity leave
- Expands sex discrimination to include “pregnancy, childbirth, or related medical conditions”
- Must be treated the same for all employment purposes, including benefits and leave
Who does the The Equal Pay Act 1963 apply to?
All Employers
Who does The Civil Rights Act (Title VII) 1964 apply to?
This act applies to employers with 15 or more employees. Employment agencies, labor organizations, state and local governments, and educational institutions.
An employer who discriminates based on religion, sex, national origin must…?
Demonstrate that attribute is a Bona Fide Occupational Qualification (BFOQs) necessary to normal operations
Who does the Age Discrimination in Employment Act (ADEA) 1967 apply to?
-Employers with 20 or more employees
- Unions with 25 or more members
- Employment agencies and apprenticeship programs
Who does The Equal Employment Opportunity Act (EEOA) 1972 apply to?
- Employers with 15 or more employees engaged in interstate commerce
- Employment agencies, labor organizations, state and local governments, educational institutions and federal government
Name all 10 of the protected classes from the EEOC?
- Race or Color
- Religion or Creed
- Sex (Preg, Identity, orientation)
- National Origin or ancestry
- Age (40+)
- Physical or Mental Disability
- Genetic Information
- Veterans Status
- Harassment
- Retaliation
Who does the Pregnancy Discrimination Act apply to?
-Employers with 15 or more employees
- Employment agencies, labor organizations, state and local governments, educational institutions, and federal government
Describe the Americans with Disability Act (ADA) 1990
Prohibits discrimination against a qualified individual with physical or mental disability. There should be a reasonable accommodation, but if there can’t be one the employer must describe why this would cause an undue hardship to the company.
