Federal and State Laws Flashcards
The Equal Pay Act of 1963 prohibits employers from paying a lower rate for equal work on the basis of _________.
Sex
What does equal work mean?
Jobs that require equal skill, effort, and responsibility that are performed under similar working conditions
What are exceptions that allow for difference in pay under the Equal Pay Act of 1963?
Seniority, merit, incentives, any factor other than sex
Which law is an amendment to the Fair Labor Standards Act that prohibits wage discrimination on the basis of sex?
The Equal Pay Act of 1963
The Civil Rights Restoration Act of 1991 codifies the concepts of what two things as set forth in Griggs v. Duke Power Co.
Business necessity and Job relatedness
Which law created the Glass Ceiling Commission?
Civil Rights Restoration Act of 1991
Why was the Glass Ceiling Commission created?
To determine if an employer is operating with a promotional process that does not allow career advancement of women or African-Americans
Which of the following is not provided by the Civil Rights Restoration Act of 1991?
a. Provides compensatory and punitive damages and a right to a jury trial for acts of intentional discrimination
b. Codifies mixed motive cases of employment discrimination
c. Requires that federal contractors with 50 employees and performs services of more than $50,000 per year must develop a written affirmative action plan
d. Extends the period of time employees may challenge seniority systems
C
Which law provides for the right to a jury trial for acts of intentional discrimination and codifies mixed motive cases?
Civil Rights Restoration Act of 1991
What are the three types of law?
Statutory Law, Administrative Law, Case Law
Griggs v. Duke Power Co. is an example of what type of law?
Case Law
Who passes statutory law and why?
Congress, State Legislature, Municipality
To correct a societal problem
What type of law appoints regulatory agencies to develop guidelines or regulations for employers to follow to clarify what is required to be in compliance with the law?
Administrative Law
What is Case Law and why do they get passed?
Court decisions which explain statutory and administrative law
Decisions are made to settle lawsuits that dispute what a law says, to whom the law applies or an allegation of violation.
Uniform Guidelines on Employee Selection Procedures is an example of what type of law?
Administrative Law
What is Title VII of The Civil Rights Act of 1964 called?
Equal Employment Opportunity Act
What are the protected classes of the Equal Employment Opportunity Act?
Race, Sex, Religion, National Origin, and Color
Who is covered under Title VII, also known as the Equal Employment Opportunity Act?
Employers, employment agencies, labor unions
Amendments in 1972 expanded coverage of the EEO Act to what entities?
Governments, Governmental Agencies, Political Subdivisions, Cities and Counties with 15 or more employees
Section 703 (a) (1) of The Equal Employment Opportunity Act prohibits discrimination in what areas of employment?
Hiring and Firing, Compensation, Terms, Conditions, Privileges of employment
Under Section 703 (a) (2), it is an unlawful employment practice to ______________, _____________, or ______________ employees or applicants for employment in any way that would deprive or tend to deprive, or otherwise adversely affect status as an employee due to race, color, religion, sex, or national origin.
Limit, segregate, classify
What agency administers provisions of the Act?
Equal Employment Opportunity Commission (EEOC)
What is the difference between overt and systemic discrimination?
Overt - Clearly evident
Systemic - whole body or entire system
What 5 laws are administered by the EEOC?
Title VII
Age Discrimination in Employment Act
Equal Pay Act
Americans with Disabilities Act (ADA)
Genetic Information Nondiscrimination Act (GINA)
EEOC consists of how many presidentially appointed commissioners?
5
What are the EEOC Regulatory Guidelines?
Uniform Guidelines of Employee Selection Procedures
Pregnancy benefits guidelines
Reverse discrimination guidelines
Guidelines on religion and handicapped accommodation
Guidelines on sexual harassment
Guidelines on sex, religion, and national origin discrimination
Where are the EEOC district offices in Alabama?
Birmingham and Mobile
What are the steps of processing an EEOC charge?
Initial contact - district office
EEO Counseling (Informal inquiry, resolution attempt)
Notice of Final Interview
Formal complaint by employee
EEOC notifies employer, provides copy of written charge
Employer responds (Position Statement)
EEOC contacts employer for additional information
EEOC investigation completed within 180 days of formal complaint file date
Possible outcomes - settlement, right-to-sue letter, or court suit in federal district court
Who files EEO suit against a public agency?
Department of Justice
Who is covered under Executive Order 11246?
Federal contractors who do over $10,000 in government business per year
What is the greatest impact of Executive Order 11246?
Affirmative action provisions
What is a written affirmative action plan?
A plan that identifies targets and timetables for ensuring equal opportunity for under represented protected groups
What are 3 requirements of federal contractors that encompasses abolishment of all discriminatory practices?
Advertisement of EEO policy;
Advisement to subcontractors that firm operates under Executive Order 11246 and as an EEO employer;
Inclusion of affirmative action policy statement in all contracts
Which law is designed to promote employment of older persons based on their ability to perform and not their age?
Age Discrimination in Employment Act
Who is covered under the Age Discrimination in Employment Act?
Employers having 20 or more employees
Employment agencies
Labor unions
Who is protected under the Age Discrimination in Employment Act?
Persons aged 40 and above
What law does the Age Discrimination in Employment Act follow for victim remedies? What remedies are possible?
Wage and Hour Law
Damages, Rights to a jury trial
What law mirrors Executive Order 11246 and is a precursor to the ADA?
Vocational Rehabilitation Act of 1973
Who is covered under the Vocational Rehabilitation Act of 1973?
Federal contractors;
Recipients of federal funds;
State and Local Governments participating in federal contracts or subcontracts
Who is protected from discrimination under the Vocational Rehabilitation Act of 1973?
Persons who are handicapped but capable of performing the job
The Vocational Rehabilitation Act of 1973 requires _______________ ________________ as in Executive Order 11246.
Affirmative action
How does the Vocational Rehabilitation Act of 1973 define handicap?
Any physical or mental impairment which substantially limits one or more of life’s major activities
Does a person have to be currently experiencing a disability in order to be protected from discrimination?
No, a mere record of an impairment qualifies as a handicap protected from discrimination
Is discrimination prohibited for a person who is merely regarded as having an impairment even when no such impairment exists?
Yes
What new concept of discrimination was defined by the Supreme Court’s decision in the Griggs v. Duke Power Co case Law?
Adverse Impact
What makes disparate impact different from disparate treatment?
No intent to discriminate
What two things must exist for disparate impact to occur?
When any selection procedure disproportionately eliminates persons in a protected class;
The selection procedure has not been validated, i.e. is not job related
A person with a disability under the Americans with Disabilities Act (ADA) must be able to do what?
Perform “essential functions” of the job with or without a reasonable accommodation.
When can a pre-employment medical exam be done?
Only after conditional employment offer
Reasonable accommodation is expanded to include what under the ADA?
Job Restructuring, Modified Work Schedules, Acquisition of new equipment, Unpaid leave, etc.
Is it okay to ask a job applicant about physical disabilities?
NO, this is ILLEGAL
Which one of the following is considered a disability under the ADA?
Drug User or Drug Addict
Drug Addict
True or False: The Americans with Disabilities Act requires an employer to lower standards or to hire an unqualified person.
False
True or false: Do not ever refer to someone as disabled or protected under ADA.
True
A physical or mental impairment includes:
Physiological disorder or condition
Cosmetic disfigurement
Anatomical loss
Mental or psychological disorders:
Mental retardation
Mental illness
Specific learning disabilities
Which of the following disorders are not covered under the ADA?
a. Pedophilia
b. Cosmetic disfigurement
c. Transvestism
d. Anatomical loss
e. a & c
f. b & d
a & c
True or false: 2008 amendments to the ADA clarifies the definition of “substantially” as being strictly interpreted and requiring extensive analysis when referring to limiting one or more major life activities.
False
True or false: Impairments that are in remission or that are episodic are included if they would substantially limit a major life activity if active.
True
Which of the following may not be considered in determining whether an impairment substantially limits a major life activity?
a. Ordinary eyeglasses
b. Contacts
c. Mitigating measures, such as medication
c
What type of impairment is one with an actual or anticipated duration of 6 months or less and is not a disability?
Transitory, or minor
Are individuals who are only “regarded” as having a disability entitled to a reasonable accommodation?
No
True or false: The operation of major bodily functions, such as functions of the immune system, normal cell growth, digestive, bowel, circulatory, respiratory, etc. is considered a major life activity when defining a disability.
True
Which of the following are considered major life activities?
a. Sleeping
b. Walking
c. Seeing
d. Standing
e. Concentrating
f. All of the above
f
Is reverse discrimination provided by the ADA, meaning non-disabled employees claiming discrimination because of lack of disability?
No
Uniform Guidelines of Employee Selection Procedures serve as _________________ ___________________ for court decisions.
Primary reference
True or false: The Uniform Guidelines of Employee Selection Procedures are legally binding.
False
What are 2 purposes of the Uniform Guidelines of Employee Selection Procedures?
- To describe in detail the methods an organization may use to defend selection programs that have adverse impact
- To address other selection requirements such as minimum qualifications and cut-off scores
What are organizations required to do under the Uniform Guidelines of Employee Selection Procedures?
- Job analysis when developing, applying, and validating selection devices
- Keep information on the demographic characteristics of applicants and employees
What is a Bona Fide Occupational Qualification (BFOQ)?
Allows an employer to take into account a person’s sex, religion, national origin, or age when making an employment-related decision
What 2 factors must be proven to justify a bona fide occupational qualification (BFOQ)?
(1) that the employment qualification is reasonably related to the essential operation of the job involved; and
(2) that there is a factual basis for believing that all or substantially all persons meeting the qualification would be unable to properly perform the duties of the job
When does disparate treatment occur?
When individuals or groups are treated differently in the selection process
Which of the following is not an example of disparate treatment?
a. Requirements, such as heavy lifting, that adversely affect ratings of female, Asian or Hispanic employees, and are not job related
b. Writing job specifications in order to favor certain candidates and eliminate others
c. Making exceptions regarding application deadlines, interview schedules, documentation required and other aspects
d. Using selection standards based on race, sex, or other impermissible classifications
a
True or False: The terms unequal, adverse, and disparate are interchangeable.
True
What 2 things occur with Adverse Impact?
A selective procedure having an unequal impact on a protected group
That procedure has not been validated, i.e. is not JOB RELATED.
Which of the following statements learned from Griggs v. Duke Power Co. Is NOT TRUE?
(a) A “test” is a procedure
(b) “Professionally developed” means developed by a professional
(c) “Designed, intended, or used” refers to results, not intentions
(d) Courts are often persuaded by EEOC guidelines
b - It does NOT mean developed by a professional
When defending disparate impact, what 2 things establish that a “test” is job related?
Valid means that it measures what it is supposed to measure.
Reliable means that it does it consistently.
A test is job related when it is __________ & ______________.
Valid, Reliable
Which of these statements indicate a potentially discriminatory policy?
(a) “We can’t hire her for our maintenance engineer opening….women aren’t suited to that kind of work.”
(b) “We can hire her, but only if she doesn’t have preschool children, because child care responsibilities usually get in the way of work responsibilities.”
(c) “Before we hire her, she’s got to pass the same weight lifting test that men in maintenance engineering have to pass.”
(d) a & b
(e) b & c
(f) a & c
(d) a & b
What are 2 types of Title VII cases?
Cases alleging individual discrimination, or disparate treatment
Cases alleging group-based or system-based discrimination, termed as adverse (unequal or disparate) impact
How is business necessity defined?
Needed for the safe and efficient operation of the business
Compelling enough to make up for adverse impact
No available alternative with less impact
How is selection defined?
A variety of procedures used by the employer for making decisions concerning which applicants to hire, which employees to promote, train, award merit pay, lay off, terminate, etc.
All of these procedures are “tests” within the meaning of the law.
What are examples of employment tests?
Application
Background investigations
Reference checks
Ability tests
Work Sample tests
Supplemental questionnaires, such as
Performance appraisals
Education requirements
Experience requirements
Interviews
Height & Weight standards
Physical Examinations
What 2 things excuse an employment practice from adverse impact?
Job Related
Business Necessity
