Labour Law 1 Flashcards
What is the EEOC?
- Is a federal agency charged with the task of enforcing federal employment discrimination laws.
- This agency covers not only discrimination in hiring but also discrimination in all types of work situations such as firing, promotions, harassment, training, wages, and benefits.
- The EEOC has the authority to investigate charges of discrimination against employers.
- If they are unsuccessful in settling the charge, the EEOC has the right to file a lawsuit on behalf of the complainants
Which forms discrimination does the EEOC deal with?
- race
- color
- religion
- sex
- national origin
- age
- disability
What is a bona fide occupational qualification?
It is a quality or attribute employers are allowed to consider when making decisions during the selection process.
The EEOC Federation Legislation’s law relate specifically to:
- age
- disability
- equal pay
- genetic info
- national origin
- pregnancy
- race/color
- religion
- retaliation
- sex(ual harassment)
What does the Age Discrimination in Employment Act (ADEA) cover?
The law covers any aspect of employment such as hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other condition or term of employment. The law also goes deeper by forbidding harassment of someone based on age.
What does the Americans with Disabilities Act (ADA) prohibit?
Discrimination against those with disabilities
What does the Equal Pay/Compensation law do?
It is the basis of this law is that people are paid the same for the same type of work, and the law specifically addresses gender pay differences
Genetic information
The employer is not allowed to seek out genetic information by requesting, requiring, or purchasing this information.
National Origin
The law protecting employees based on national origin refers to all aspects of employment: hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits.
Pregnancy
The female who is unable to perform her job owing to pregnancy must be treated the same as other temporarily disabled employees.
When can a pregnant lady have pregnancy leave?
In addition to the company size requirement, the employee must have worked at least 1,250 hours over the past 12 months.
Race/Color
This type of discrimination refers to treating someone unfavorably because he or she is of a certain race or because of certain characteristics associated with race. EEOC law also protects people who are married to or associated with someone of a certain race or color.
Religion
This part of the EEOC refers to treating a person unfavorably because of their religious beliefs. This law requires a company to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would burden the organization’s operations.
Sex and Sexual Harassment
Sex discrimination involves treating someone unfavorably because of their sex. As with all EEOC laws, this relates to hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits. This law directly ties into sexual harassment laws, which include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Retaliation
In all the laws mentioned, the EEOC set of laws makes it illegal to fire, demote, harass, or retaliate against people because they filed a charge of discrimination, complained about discrimination, or participated in employment discrimination proceedings.
