Laws Flashcards
Sherman Antitrust Act
Limit the use of wage surveys between two or more competitors as a form of salary-fixing.
First US government action to limit monopolies
Oldest of all US Antitrust laws.
The act’s purpose is to protect consumers by encouraging efficient business practices, keeping prices low, and maintaining quality.
Prevent monopolies from growing
What does Title VII of the Civil Rights Act of 1964 prohibit?
Discrimination on the basis of race, color, religion, sex, or national origin
Applies to employers with 15 or more employees
What types of discrimination does Title VII address?
Intentional discrimination and practices with a disparate impact
Disparate impact refers to unintentional discrimination, while disparate treatment refers to intentional discrimination
What significant amendment was made to the Civil Rights Act in 1991?
Provided for the right to trial by jury on claims of discrimination
Introduced the possibility of additional emotional distress damage awards
Give an example of how Title VII can be applied in the workplace.
Setting minimum height and weight requirements that disproportionately impact women
Employers may face charges of sex bias under Title VII
What does the Age Discrimination in Employment Act of 1967 (ADEA) prohibit?
Arbitrary age discrimination against employees or applicants aged 40 and older
Amendments abolished mandatory retirement and require full contributions to retirement plans
What does the Pregnancy Discrimination Act of 1978 amend?
Title VII of the Civil Rights Act of 1964
Bars discrimination based on pregnancy-related medical conditions
How must temporary disabilities due to childbirth and pregnancy be treated according to the Pregnancy Discrimination Act?
The same as any other temporary disability
Insurance coverage must be equivalent to other medical conditions
Fill in the blank: The Pregnancy Discrimination Act requires that if temporary leave is provided for other illnesses, the same must be granted to women for _______.
pregnancy-related disabilities
True or False: The ADEA allows for mandatory retirement of employees of any age.
False
The ADEA abolished mandatory retirement
What does the Family and Medical Leave Act (FMLA) require from employers?
Employers with at least 50 employees within a 75-mile radius must provide up to 12 workweeks of unpaid leave for certain events during a 12-month period.
See chapter three for more information on FMLA.
What did the Rehabilitation Act of 1973 pre-date?
The Americans with Disabilities Act (ADA).
To whom did the Rehabilitation Act of 1973 apply?
Employers with federal contracts worth more than $25,000 or those receiving government financial assistance.
What does the Rehabilitation Act of 1973 prohibit?
Discrimination against handicapped individuals and requires affirmative action for employment opportunities.
What is required of federal contractors with contracts over $10,000 under the Rehabilitation Act?
They must take affirmative action in the employment and advancement of qualified persons with disabilities.
What is the threshold for contractors to have written affirmative action plans under the Rehabilitation Act?
Contractors with 50 or more employees and contracts of $50,000 or more.
What does the Americans with Disabilities Act (ADA) prohibit?
Discrimination in employment based on a person’s disability.
What additional requirement does the ADA impose on public services?
Goods and services offered to the public must be made accessible to everyone.
What must employers do under the ADA for individuals with disabilities?
Make reasonable accommodations unless it causes undue hardship.
True or False: The ADA requires employers to prioritize the recruitment of individuals with disabilities over other qualified applicants.
False.
What significant change did the Americans with Disabilities Act Amendments Act (ADAAA) make in 2008?
It broadened the coverage of the ADA.
What was Congress’s reaction to Supreme Court rulings regarding the ADA?
Congress disagreed with rulings that limited the definition of disability.
Which conditions are now considered for reasonable accommodations under the ADAAA?
- Amputation
- Intellectual disabilities
- Epilepsy
- Multiple sclerosis
- HIV/AIDS
- Diabetes
- Muscular dystrophy
- Cancer
What does the ADAAA make easier for individuals seeking protection under the ADA?
To establish that they have a disability within the meaning of the statute.