Federal Law Flashcards
Pregnancy Discrimination Act of 1978 (PDA)
The term ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or other related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title shall be interpreted to permit otherwise.
This subsection shall not require an employer to pay for health insurance benefits for abortion, except where life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from abortion: Provided, that nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.
True or false
True
Title VII of the Civil Rights Act of 1964
Prevents discrimination based on:
Race, color, religion, sex, or national origin
Civil Rights Act of 1991
The Civil Rights Act amended VII to allow for ________ and _______ damages as well as jury trials in cases of intentional discrimination.
Compensatory and Punitive
Civil Rights Act of 1991
Required employers to show that employment practices that have an adverse impact on protected groups are ______ ______ and “_____________”
job related
“consistent with business necessity”
Age Discrimination in Employment Act of 1967 (ADEA)
It shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s age; to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or to reduce the wage rate of any employee in order to comply with this chapter.
True or false
True
Americans with Disabilities Act of 1990 (ADA)
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, the advancement, or the discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
True or False
True
Rehabilitation Act of 1973
No otherwise qualified individual with a disability in the United States, as defined in section 706 (20) of this title, shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the US Postal Service.
True or False
True
Equal Pay Act of 1963
No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.
True or False
True
Uniformed Service Employment and Re-employment Rights Act of 1994 (USERRA)
A person who is a member of, applies to be a member of, has performed, or has an obligation to perform service in a uniformed service shall not be dined initial employment, re-employment, retention in employment, promotion, or any benefit of employment by the Department on the basis of that membership, performance of service, application for service, or obligation.
True or False
True
The Family and Medical Leave act of 1993 (FMLA)
FMLA requires that an employer provides leaves of absence for:
- the birth or adoption of a child
- for the care of a seriously ill family member
- or for an employee’s own serious health conditions
FMLA
Who does FMLA apply to?
Employers with 50 or more employees
And is available to all employees who have been employed by the employer for at least 12 months and have at least 1,250 hours worked in the 12- month period preceding the leave.
