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Employment Law > Final Exam > Flashcards

Final Exam Flashcards

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1
Q

What if BFOQ

A

The exception to the discrimination of a protected class required by the necessary functions of the job.

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2
Q

List major life activities

A

Walking, talking, listening, learning, care for yourself, breathing, etc.

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3
Q

What are the four affirmative actions?

A

Merit, Seniority, Quantity/Quality. Any other factor

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4
Q

Under the ADA, private employers of how many employees are required to comply?

A

15

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5
Q

Under OSH Act, define DeMinnis Violation

A

Technical issues that need to be addressed

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6
Q

What are example of disability?

A

Cancer, major depression, lost limb, cardiovascular diseases, deafness, blindness, diabetes, etc.

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7
Q

Define business necessity

A

The necessities required tit provide the basic functions of the job

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8
Q

What is a CBA agreement?

A

The collective bargaining agreement used to settle agreements by human resources and management

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9
Q

What does the EPA require?

A

Requires that male and female employees are granted equal pay even if jobs are not identical

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10
Q

What are the two types of sexual harassments?

A

Quid pro qua, hostile work environment

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11
Q

The ADEA prohibits employment discrimination against all individuals age ___ or older working for employers having ___ or more workers

A

40, 20

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12
Q

What are the 4 main provisions under the FLSA?

A

Minimum wage, hours worked, overtime, child labor

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13
Q

Define disparate Impact

A

Unintentional discrimination that occurs during any part of employment

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14
Q

What is a strike?

A

An organized and intentional stoppage or slowdown of work by employees, intending to make the employer comply with the demands of the employees

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15
Q

What are the 5 protected classes?

A

Race, gender, color, religion, national origin

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16
Q

List JAN’s six step interactive process

A

Recognize accommodation request, gather information, explore accommodation options, choose an accommodation, implement accommodation, monitor accommodation

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17
Q

What are exempt employees?

A

People that are exempt from minimum wage and overtime requirements in administrative, executive, or professional roles

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18
Q

What is reasonable accommodation?

A

Any modification or adjustment to a job, work environment, or the way things are usually done during the hiring process to enable the individual to be able to perform the necessary job functions

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19
Q

What are worker’s rights under OSHA

A

Petition safety standards, file a complaint, participate in inspection, question toxic substances

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20
Q

What 2 types of damages does the Civil Rights Act of 1991 amendment allow?

A

Compensatory, punitve

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21
Q

List the discrimination practices

A

Hiring firing, compensation, benefits, job assignments, promotions, layoff and recalls, training, retirement plans, time off

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22
Q

What are authorization cards used for?

A

Bargaining unit

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23
Q

Define disparate Treatment

A

The intentional discrimination of a protected class

24
Q

Define lockout

A

Work stoppage or denial of employment initiated by the management company f a company during the labor disputes

25
Q

Define confidentiality

A

No public information that might be of use to the company’s competitors, or harmful to the company or related parties if ever disclosed; information belonging to or regarding customers/clients, partners, and vendors

26
Q

Under the civil rights act, all private employers with ___ or more employees with comply with the law

A

15?

27
Q

Define essential job function

A

The functions or performances required to satisfy the role of the job

28
Q

What is a qualified person?

A

Any person that is able to Perron the essential functions of the job with or without reasonable accommodation

29
Q

Under the FLSA, what are the three categories of exempt duties

A

Executive, Administrative, professional

30
Q

What is distributive bargaining?

A

A competitive, win-lose strategy in which one party gains only if the other party looses

31
Q

Define sexual harassment

A

Unwelcome sexual advances, request for sexual favors, and other verbal or physical harassment of a sexual nature

32
Q

Under the FMLA, federal, state, and private employers with _____ or more employees who live within 75 miles of the workplace must comply with the law, and have worked at least ____ months and ____ hours in the previous years.

A

50, 12, 1250

33
Q

What are examples of age discrimination incidents the ADEA does not protect against?

A
  • ## When the applicant/employee is less then 40 years old
34
Q

what are the 2 main provisions under the NLRA

A
  • organizing and representation elections
  • unfair labor practices
35
Q

Define disability

A

A long term physical or mental impairment that’s affects a major life activity

36
Q

Define bargaining

A

The process in which working people, through their unions, negotiate contracts with their employers to determine the terms of employment

37
Q

The FLSA covers a business if it has _____ or more in annual gross sales, or if it is involved in ______ commerce.

A

$500,000, Interstate

38
Q

What are the 4 main provisions of the OSH Act?

A
  • Compliance
  • Safety
  • Inspection
  • Rights
39
Q

What makes up the bargaining mix?

A

Target point, resistance point, initial offer

40
Q

What is imminent danger citation and violence?

A

Danger that is going to result in serious injury or death

41
Q

Under the OSH Act, all private businesses that employee at least _____ person/s must comply with the law

A

1

42
Q

What is integrative negotiation?

A

A collective win-win strategy where both parties try to solution that is equally beneficial to both parties

43
Q

The EPA covers a business if it has ______ or more in annual gross sales, or if it is involved in ________ commerce

A

$500,000, interstate

44
Q

Current federal minimum wage

A

$7.25

45
Q

Define no exempt employee

A

Employees that are eligible for minimum wage and overtime requirements

46
Q

Under the FMLA, employees can take _____ weeks leave during a ______ month period

A

12, 12

47
Q

Reasons for an FMLA leave

A

Birth/c-section, adaptation/foster care placement, serious health condition, caring for spouse with a serious health condition

48
Q

What negotiation style is used with distributions e bargaining?

A

Win-lose

49
Q

Under OSH Act, an organization has up to ____ hours to report an accident resulting in death

A

8

50
Q

Under the OSH Act, an organization has up to _______ hours to report a serious injury resulting in amputation, loss of eye, and hospitalization

A

24

51
Q

Minimum wage for IL starting 2025

A

$13.00

52
Q

What is the age for someone to be eligible to perform hazardous job functions?

A

18

53
Q

Define other than serious citation/violation

A

Workplace hazards that can cause less than serious injuries

54
Q

Define willful and repeated citation/violation

A

Employer knew about it and did nothing got change it

55
Q

What must be present for a disability to exist?

A

Physical or mental impairment, history or record of the disability, perceived by others to have a disability.

Employment Law (1 decks)

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