final Flashcards
Civil right acts (CRA) 1866-1870
ensure that newly freed slaves were granted full legal rights of US citizen
- passed during reconstruction era
CRA Section 1981
all person within the jurisdictionof US shall have same rights in every state/territory to make n enforce contract
- applied to white
- 1991 applied to all race
CRA Section 1983
person who use authority of state laws, rules, or customs to take away a person constitutional rights is liable
CRA Section 1985(c)
prohibits 2 or more ppl from sonspiring to deprive a person or class of equal law protection or privileges n immunities under the law
Executive Order No. 11246
privdes basis for fed gov contract affirmative compliance program where firm doing business w fed gov must not discriminate in employment on basis or RCRNG
- signed by pres johnson
- amended by pres nixon
contract affirmative compliance program
all firms having fed gov contracts or subcontracts exceeding $10k must include no-discrimination clause in contract
- biding for duration of contract
- contractor must agree to no-discrim.
- administered by OFCCP
Contract compliance violation penalties
- suspense or cancel of firm’s gov contract
- inelgibility of firm from future gov contracts
affirmative action plans
giving preference in hiring or promotion to qualified female or minority employees
- firm w contracts of service/supply over $50k or 50+ employees are required to maintain formal written programs
Executive order violation
- may be subject to injunctions n required to provide back pay n grant retroactive seniority to affected employees
- gov contract suspended or canceled
- may be declared ineligible for future government contracts
Failed affirmative plan refer complaint to:
- secretary of labor for administrative proceedings
- department of justice for judicial proceedings
Uniformed Services Employment n Reemployment Rights ACt (USERRA)
prohibits employers from discriminating against employees bc of service in military
- replaced Veterans’s Reemployment Right ACt
- cover private n public sector employers
- applies only to non career military service (employees who are called active duty from civilian jobs
USERRA reemployment requirement
- employee gave notice of period of military service
- absent for cumulative of >5yrs
- submitted application for reemployment within designated time
Employers not required to reinstate employees if:
- employer’s circumstance changed so reemployment would be unreasonable/impossible
- reemployment would cause undue hardship in accommondation, training, or effort
- initial employment was for brief, nonrecurring period
- employer has burden of proving that reemployment denial was permissible
- persons w alleged violations must file written compaints w Sec of Labor
- Remedies for violation: lost wages, benefits, legal fees
Military Family Rights under FMLA
- expanded FMLA to members of armed forces n their fam
- expanded leave rights for injured service men/women, n new intermittent-leave rights for spouses n other fam
Due process n equal protection
used to attack discrim
- found in 5th n 14th amendments
- 1st amendment can be used to challenge discrim
- 5th amendment applies to fed gov
- 14th amendment applies ot 5th amendment to state n local gov
suspect class:
group of protected traits who are being treated differently by gov
- will receive strict scrutiny by court to find compelling state interest
strict scrutiny test
constitutional analysis used by court hearing equal protection claims involving gov discrim on “suspect class”
- requires gov to show discrim was necessary to achieve compelling gov purpose n gov action was narrowly tailore d
nonsuspect class
gov actions treating ppl diff for reasons not based on RGRN
- consider if there’s reasonable relationship to valid state interest
whistleblowers
employees who report or attempt to report employer wrongdoing or actions threatening public health or safety to gov authorities
- Office of Special Counsel is responsible for investigating n pursuing claims of whistleblower
Sarbanes-Oxley Act (SOX)
imposes civil n criminal penalties for employers who take adverse employment actions against whistleblowers
- applies to publicly traded
Employee Polygraph Protection Act (EPPA)
severely restricts right of private employers to require employees to take polygraph
Polygraph exceptions for private sector
- private employees who r working for contractors or consultants on Fed National Security
- Employees provide private security, amored car, or install n maintain security alarm system
- employees who manufacture or distribute controlled (drug) substances
- reasonable suspect employees are involved in economic loss incident
EMPLOYERS ARE PROHIBITED FROM DISCLIPLINING OR DISCHARGING EMPLOYEES WHO REFUSE TEST
- must be administered by validly licensed examiner
