HR and the Legislative and Regulatory Environment

Question 1

The highest law in the country and the foundation on which all U.S. law has been built.

Answer 1

The Constitution

Question 2

Actions passed by legislative bodies, such as Congress and state legislatures, and by local government units, such as cities and counties.

Answer 2

Statutes

Question 3

Proposed, adopted, and enforced by administrative agencies to whom government units have delegated specific rule-making authority.

Answer 3

Regulations

Question 4

Administrative agencies may also issue guidelines that interpret how laws and regulations will be enforced.

Answer 4

agency guidelines

Question 5

Directive by the chief executive of a governmental unit (the president of the US) telling that governmental unit how it will act or interact with members of its community.

Answer 5

executive orders

Question 6

A concept the US inherited from its British roots. Based on court decisions, rather than statutory law, and is recognized on the federal level and in whole or in part in nearly all states.

Answer 6

common law

Question 7

The modification of the Constitution or a law. Modification may alter the actual text of the Constitution or law. But even if the text is not changed, an amendment changes its effect.

Answer 7

Amendment

Question 8

A proposal presented to a legislative body for possible enactment as a statute.

Answer 8

Bill

Question 9

The time allowed for the public to express its views and concerns regarding an action of an administrative agency.

Answer 9

public comment period

Question 10

A rule or order issued by an administrative agency; usually has the force of law. Interpretive bulletins distributed by administrative agencies are helpful in deciphering regulatory developments.

Answer 10

regulation

Question 11

Action of rejecting a bill or statute.

Answer 11

veto

Question 12

Regulates the collection and use of consumer credit information. The purpose is to protect the privacy of background information and to ensure that the information supplied is accurate.

Answer 12

Fair Credit Reporting Act (FCRA)

Question 13

An employer must clearly and conspicuously notify the individual in writing, in a document consisting solely of that notice, that report may be used.

Answer 13

Written notice and authorization.

Question 14

If an employer decides not to hire an applicant or take some other adverse action with regard to a current employee based in whole or in part on the consumer report, the applicant or employee must be provided a copy of the report and given “a reasonable period of time” to present evidence challenging the information contained in the report.

Answer 14

Pre-adverse action.

Question 15

After the employer has taken adverse action based in whole or in part on the consumer report, the employer must give the applicant or employee notice that such action has been taken.

Answer 15

Adverse action procedures

Question 16

Credit bureaus will require employers to certify that they are in compliance with the FCRA and that they will not misuse any information in the report in violation of federal or state laws.

Answer 16

Certifications to credit bureaus.

Question 17

Plaintiffs who prove willful noncompliance with the act can recover actual damages, punitive damages, and costs - including attorneys’ fees.

Answer 17

Penalties

Question 18

Amends that Fair Credit Reporting Act and provides some relief to employers using third parties to conduct workplace investigations. An employer who uses a third party to conduct a workplace investigation no longer needs to follow the consent and disclosure requirements of the FCRA before commencing the investigation if the investigation involves suspected misconduct, a violation of law or regulations, or a violation of any pre-existing written policies of the employer.

Answer 18

Fair and Accurate Credit Transactions Act (FACT Act)

Question 19

Designed to accomplish two somewhat divergent purposes. Prohibits discrimination against job applicants on the basis of national origin or citizenship and, at the same time, establishes penalties for hiring undocumented workers, with certain exceptions.

Answer 19

Immigration Reform and Control Act (IRCA)

Question 20

Prevents most private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment.

Answer 20

Employee Polygraph Protection Act (EPPA)

Question 21

Requires some employers to give a minimum of 60 calendar days of advance written notice if a plant is to close or if mass layoffs will occur.

Answer 21

Worker Adjustment and Retraining Notification (WARN Act)

Question 22

Prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.

Answer 22

Genetic Information Nondiscrimination Act (GINA)