Federal and State Laws

Question 1

The Equal Pay Act of 1963 prohibits employers from paying a lower rate for equal work on the basis of _________.

Answer 1

Sex

Question 2

What does equal work mean?

Answer 2

Jobs that require equal skill, effort, and responsibility that are performed under similar working conditions

Question 3

What are exceptions that allow for difference in pay under the Equal Pay Act of 1963?

Answer 3

Seniority, merit, incentives, any factor other than sex

Question 4

Which law is an amendment to the Fair Labor Standards Act that prohibits wage discrimination on the basis of sex?

Answer 4

The Equal Pay Act of 1963

Question 5

The Civil Rights Restoration Act of 1991 codifies the concepts of what two things as set forth in Griggs v. Duke Power Co.

Answer 5

Business necessity and Job relatedness

Question 6

Which law created the Glass Ceiling Commission?

Answer 6

Civil Rights Restoration Act of 1991

Question 7

Why was the Glass Ceiling Commission created?

Answer 7

To determine if an employer is operating with a promotional process that does not allow career advancement of women or African-Americans

Question 8

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

Answer 8

C

Question 9

Which law provides for the right to a jury trial for acts of intentional discrimination and codifies mixed motive cases?

Answer 9

Civil Rights Restoration Act of 1991

Question 10

What are the three types of law?

Answer 10

Statutory Law, Administrative Law, Case Law

Question 11

Griggs v. Duke Power Co. is an example of what type of law?

Answer 11

Case Law

Question 12

Who passes statutory law and why?

Answer 12

Congress, State Legislature, Municipality

To correct a societal problem

Question 13

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?

Answer 13

Administrative Law

Question 14

What is Case Law and why do they get passed?

Answer 14

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.

Question 15

Uniform Guidelines on Employee Selection Procedures is an example of what type of law?

Answer 15

Administrative Law

Question 16

What is Title VII of The Civil Rights Act of 1964 called?

Answer 16

Equal Employment Opportunity Act

Question 17

What are the protected classes of the Equal Employment Opportunity Act?

Answer 17

Race, Sex, Religion, National Origin, and Color

Question 18

Who is covered under Title VII, also known as the Equal Employment Opportunity Act?

Answer 18

Employers, employment agencies, labor unions

Question 19

Amendments in 1972 expanded coverage of the EEO Act to what entities?

Answer 19

Governments, Governmental Agencies, Political Subdivisions, Cities and Counties with 15 or more employees

Question 20

Section 703 (a) (1) of The Equal Employment Opportunity Act prohibits discrimination in what areas of employment?

Answer 20

Hiring and Firing, Compensation, Terms, Conditions, Privileges of employment

Question 21

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.

Answer 21

Limit, segregate, classify

Question 22

What agency administers provisions of the Act?

Answer 22

Equal Employment Opportunity Commission (EEOC)

Question 23

What is the difference between overt and systemic discrimination?

Answer 23

Overt - Clearly evident

Systemic - whole body or entire system

Question 24

What 5 laws are administered by the EEOC?

Answer 24

Title VII
Age Discrimination in Employment Act
Equal Pay Act
Americans with Disabilities Act (ADA)
Genetic Information Nondiscrimination Act (GINA)

Question 25

EEOC consists of how many presidentially appointed commissioners?

Answer 25

5

Question 26

What are the EEOC Regulatory Guidelines?

Answer 26

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

Question 27

Where are the EEOC district offices in Alabama?

Answer 27

Birmingham and Mobile

Question 28

What are the steps of processing an EEOC charge?

Answer 28

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

Question 29

Who files EEO suit against a public agency?

Answer 29

Department of Justice

Question 30

Who is covered under Executive Order 11246?

Answer 30

Federal contractors who do over $10,000 in government business per year

Question 31

What is the greatest impact of Executive Order 11246?

Answer 31

Affirmative action provisions

Question 32

What is a written affirmative action plan?

Answer 32

A plan that identifies targets and timetables for ensuring equal opportunity for under represented protected groups

Question 33

What are 3 requirements of federal contractors that encompasses abolishment of all discriminatory practices?

Answer 33

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

Question 34

Which law is designed to promote employment of older persons based on their ability to perform and not their age?

Answer 34

Age Discrimination in Employment Act

Question 35

Who is covered under the Age Discrimination in Employment Act?

Answer 35

Employers having 20 or more employees Employment agencies Labor unions

Question 36

Who is protected under the Age Discrimination in Employment Act?

Answer 36

Persons aged 40 and above

Question 37

What law does the Age Discrimination in Employment Act follow for victim remedies? What remedies are possible?

Answer 37

Wage and Hour Law Damages, Rights to a jury trial

Question 38

What law mirrors Executive Order 11246 and is a precursor to the ADA?

Answer 38

Vocational Rehabilitation Act of 1973

Question 39

Who is covered under the Vocational Rehabilitation Act of 1973?

Answer 39

Federal contractors; Recipients of federal funds; State and Local Governments participating in federal contracts or subcontracts

Question 40

Who is protected from discrimination under the Vocational Rehabilitation Act of 1973?

Answer 40

Persons who are handicapped but capable of performing the job

Question 41

The Vocational Rehabilitation Act of 1973 requires _______________ ________________ as in Executive Order 11246.

Answer 41

Affirmative action

Question 42

How does the Vocational Rehabilitation Act of 1973 define handicap?

Answer 42

Any physical or mental impairment which substantially limits one or more of life's major activities

Question 43

Does a person have to be currently experiencing a disability in order to be protected from discrimination?

Answer 43

No, a mere record of an impairment qualifies as a handicap protected from discrimination

Question 44

Is discrimination prohibited for a person who is merely regarded as having an impairment even when no such impairment exists?

Answer 44

Yes

Question 45

What new concept of discrimination was defined by the Supreme Court's decision in the Griggs v. Duke Power Co case Law?

Answer 45

Adverse Impact

Question 46

What makes disparate impact different from disparate treatment?

Answer 46

No intent to discriminate

Question 47

What two things must exist for disparate impact to occur?

Answer 47

When any selection procedure disproportionately eliminates persons in a protected class; The selection procedure has not been validated, i.e. is not job related

Question 48

A person with a disability under the Americans with Disabilities Act (ADA) must be able to do what?

Answer 48

Perform "essential functions" of the job with or without a reasonable accommodation.

Question 49

When can a pre-employment medical exam be done?

Answer 49

Only after conditional employment offer

Question 50

Reasonable accommodation is expanded to include what under the ADA?

Answer 50

Job Restructuring, Modified Work Schedules, Acquisition of new equipment, Unpaid leave, etc.

Question 51

Is it okay to ask a job applicant about physical disabilities?

Answer 51

NO, this is ILLEGAL

Question 52

Which one of the following is considered a disability under the ADA? Drug User or Drug Addict

Answer 52

Drug Addict

Question 53

True or False: The Americans with Disabilities Act requires an employer to lower standards or to hire an unqualified person.

Answer 53

False

Question 54

True or false: Do not ever refer to someone as disabled or protected under ADA.

Answer 54

True

Question 55

A physical or mental impairment includes:

Answer 55

Physiological disorder or condition Cosmetic disfigurement Anatomical loss Mental or psychological disorders: Mental retardation Mental illness Specific learning disabilities

Question 56

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

Answer 56

a & c

Question 57

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.

Answer 57

False

Question 58

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.

Answer 58

True

Question 59

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

Answer 59

c

Question 60

What type of impairment is one with an actual or anticipated duration of 6 months or less and is not a disability?

Answer 60

Transitory, or minor

Question 61

Are individuals who are only "regarded" as having a disability entitled to a reasonable accommodation?

Answer 61

No

Question 62

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.

Answer 62

True

Question 63

Which of the following are considered major life activities? a. Sleeping b. Walking c. Seeing d. Standing e. Concentrating f. All of the above

Answer 63

f

Question 64

Is reverse discrimination provided by the ADA, meaning non-disabled employees claiming discrimination because of lack of disability?

Answer 64

No

Question 65

Uniform Guidelines of Employee Selection Procedures serve as _________________ ___________________ for court decisions.

Answer 65

Primary reference

Question 66

True or false: The Uniform Guidelines of Employee Selection Procedures are legally binding.

Answer 66

False

Question 67

What are 2 purposes of the Uniform Guidelines of Employee Selection Procedures?

Answer 67

1. To describe in detail the methods an organization may use to defend selection programs that have adverse impact 2. To address other selection requirements such as minimum qualifications and cut-off scores

Question 68

What are organizations required to do under the Uniform Guidelines of Employee Selection Procedures?

Answer 68

1. Job analysis when developing, applying, and validating selection devices 2. Keep information on the demographic characteristics of applicants and employees

Question 69

What is a Bona Fide Occupational Qualification (BFOQ)?

Answer 69

Allows an employer to take into account a person's sex, religion, national origin, or age when making an employment-related decision

Question 70

What 2 factors must be proven to justify a bona fide occupational qualification (BFOQ)?

Answer 70

(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

Question 71

When does disparate treatment occur?

Answer 71

When individuals or groups are treated differently in the selection process

Question 72

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

Answer 72

a

Question 73

True or False: The terms unequal, adverse, and disparate are interchangeable.

Answer 73

True

Question 74

What 2 things occur with Adverse Impact?

Answer 74

A selective procedure having an unequal impact on a protected group That procedure has not been validated, i.e. is not JOB RELATED.

Question 75

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

Answer 75

b - It does NOT mean developed by a professional

Question 76

When defending disparate impact, what 2 things establish that a "test" is job related?

Answer 76

Valid means that it measures what it is supposed to measure. Reliable means that it does it consistently.

Question 77

A test is job related when it is __________ & ______________.

Answer 77

Valid, Reliable

Question 78

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

Answer 78

(d) a & b

Question 79

What are 2 types of Title VII cases?

Answer 79

Cases alleging individual discrimination, or disparate treatment Cases alleging group-based or system-based discrimination, termed as adverse (unequal or disparate) impact

Question 80

How is business necessity defined?

Answer 80

Needed for the safe and efficient operation of the business Compelling enough to make up for adverse impact No available alternative with less impact

Question 81

How is selection defined?

Answer 81

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.

Question 82

What are examples of employment tests?

Answer 82

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

Question 83

What 2 things excuse an employment practice from adverse impact?

Answer 83

Job Related Business Necessity