Law Flashcards
Under federal law, how many employees must a business have on payroll and how often must they work to be subject to Title VII of the Civil Rights Act of 1964?
15 or more employees on each working day of at least 20 hours per week
What agency enforces Title VII of the Civil Rights Act of 1964?
The Equal Employment Opportunity Commission (EEOC)
EEOC?
Equal Employment Opportunity Commission
Briefly describe Title VII of the Civil Rights Act of 1964
Forbids discrimination against any worker or job applicant based on citizenship status, race, color, religion, sex, national origin, age, marital status, or veteran status.
Name the portion of the Civil Rights Act of 1964 related to discrimination in the workplace.
Title VII of the Civil Right Act of 1964
Name the three exceptions to Title VII of the Civil Rights Act of 1964.
- Different wages, terms, or privileges can be given based on a bona-fide merit system, seniority or other system based on work quality.
- Religion, sex, or national origin can be taken into account if these factors are legitimate (does not extend to race!)
- employment decision based on tests that are not designed to discriminate.
Name the amendment that requires pregnant women to be treated equally on the basis of her ability or inability to work.
The Pregnancy Discrimination Act Amendment
The Pregnancy Discrimination Act Amendment was amended to what previous Act?
Title VII of the Civil Rights Act of 1964.
When was the Pregnancy Discrimination Act Amendment passed as an amendment to Title VII of the Civil Rights Act of 1964?
1978
When was the Age Discrimination in Employment Act passed?
1967
What enforcement agency oversees the Age Discrimination in Employment Act?
EEOC (Equal Employment Opportunities Commission)
Official notice of what policies must be posted in the workplace?
- Age Discrimination in Employment (ADEA)
2. Title VII of the Civil Rights Act of 1964
Briefly describe Section 1981.
Provides that everyone in the US (regardless of race, color, national origin, citizenship, and ethnicity) has the same right ‘to make and enforce contracts to sue, be parties, give evidence, and full and equal benefit of all laws and proceedings’
Briefly describe the Age Discrimination in Employment Act of 1967 (ADEA)?
prohibits employers from discriminating against workers or applicants who are 40 years or older.
What act prohibits discrimination against individuals 40 years old or older?
ADEA, Age Discrimination in Employment Act of 1967
What act prohibits discrimination broadly against all ages?
Age Discrimination Act of 1975
What act prohibits discrimination from the right to make and enforce contracts?
Section 1981 - Reconstruction-Era Civil Rights Act of 1866, amended by the Civil Rights Act of 1991
What act prohibits discrimination against any qualified individuals with a disability?
ADA, Americans with Disabilities Act of 1990
When the Americans with Disabilities Act passed?
1990
What act prohibits discrimination against any worker or job applicant on the basis of citizenship status, disability, race, color, religion, sex, national origin, age, marital status, or veteran status?
Title VII of the Civil Rights Act of 1964
What two employment Acts both taking effect when there is the presence of more than 15 employees?
- Title VII of the Civil Rights Act of 1964
2. Americans with Disabilities Act of 1990
According to the ADA describe a disability?
- has a physical or mental impairment that substantially limits one or more major life activities.
- has a record of such impairment (e.g. emotional illness, heart disease, cancer)
- is judged as having such an impairment.
What does the ADA define as major life activities?
- caring for oneself
- performing manual tasks,
- walking
- seeing
- hearing
- speaking
- breathing
- learning
- working
What systems can be affected for any physiological disorder according to the ADA?
- neurological
- musculoskeletal
- special sense organs
- respiratory (including speech)
- cardiovascular
- reproductive
- digestive
- genitourinary
- hemic and lymphatic
- skin and endocrine
What is the ADA definition of substantially limited?
Unable to perform a major life activity that the average person in the general population can perform or that compared to the general population there is significant restriction to the condition, manner or duration that a major life activity can be performed.
What other three factors are considered when determining if an individual is substantially limited in a major life activity?
- nature and severity of the impairment
- duration or expected duration
- actual or expected permanent or long term impact
