Laws

Question 1

Year EEOC was created

Answer 1

1964- by the civil rights act as the enforcement arm for the act

Question 2

what is the EEOC

Answer 2

It is a federal agency that has significant power over employers in the process of investigating complaints of illegal discrimination based on “race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.”

Question 3

EEOC scope Authority

Answer 3

The EEOC is the federal agency primarily charged with enforcement of the federal equal employment opportunity laws. Additionally, every company with more than 100 employees or with more than 50 employees and with federal contracts totaling $50,000 or more must file an EEO-1 report with the EEOC each year.

Question 4

EEOC responsibilities

Answer 4

1- investigate and resolve complaints.
2 Gathering & compiling statistical info
3) Running education and outreach programs

Question 5

What is EEO1

Answer 5

The EEO-1 identifies the company’s EEO compliance data based on protected classifications within federal law. In addition, the EEO-1 has started including requirements for the reporting of compensation data from companies with more than 100 employees. This data will be used “to enable staff to assess pay disparities based on sex, ethnicity, or race.”

Question 6

Filing Complaint with EE0C

Answer 6

must typically file a complaint within 180 days of incident

Question 7

Resolution of EEOC investigation

Answer 7

if no agreement can be reached

1) agency may aid the alleged victim in bringing suit in federal court
2) it can issue a “right-to-sue” letter to the victim

Question 8

Defenses employer can use to defend EEOC

Answer 8

BFOQ, business necessity and job relatedness

Question 9

Constructive discharge

Answer 9

A constructive discharge occurs when an employee is forced to resign because the employer has made working conditions unbearable.

Question 10

ADA

Answer 10

The ADA, passed in 1990, was amended by Congress in 2008.

President George Bush signed the ADA into law on July 26, 1990.

Question 11

ADA and the ADAAA call for nondiscrimination against people with disabilities in these five areas:

Answer 11

1-Employment,
2-State and local government,
3-Public accommodations,
4-Telecommunications, and
5-Transportation.

Question 12

Employers subject to ADA

Answer 12

private employers with 15 employees or more, public employers, state and local governments, and places of public accommodations (private entities that provide goods and services to the public).

Question 13

Architectural Barriers Act of 1968

Answer 13

was the first federal law addressing civil rights for people with disabilities. It requires buildings constructed by the federal government or with federal funding be accessible to people with disabilities. The law resulted in the first set of standards for the removal of architectural barriers: The Uniform Federal Accessibility Standards (UFAS).

Question 14

Rehabilitation Act of 1973

Answer 14

The Rehabilitation Act of 1973 was the first federal law to prohibit discrimination against people with disabilities. It requires that federally funded programs be accessible to people with disabilities and that federal employers provide reasonable accommodations for their employees with disabilities. Much of the terminology in the Rehabilitation Act was later used in the ADA.

Question 15

Individuals with Disabilities Education Act (IDEA)

Answer 15

In 1975, legislation was passed establishing the rights of students with disabilities to a free, appropriate public education in the most integrated setting possible. Now known as the Individuals with Disabilities Education Act (IDEA), it sets forth a process where parents and schools work together to design individualized education plans (IEPs) for students with disabilities.

Question 16

Air Carrier Access Act (ACAA)

Answer 16

In 1986, the Air Carrier Access Act (ACAA) was passed to ensure access to air travel by people with disabilities. The ACAA was passed in response to a Supreme Court decision that found that the Rehabilitation Act did not apply to air travel.

Question 17

Fair Housing Act

Answer 17

The Fair Housing Act was amended in 1988 to prohibit housing discrimination on the basis of disability. As passed in 1968, it prohibited discrimination based on race, color, religion, sex, familial status, and national origin. Its coverage includes private housing, housing that receives federal financial assistance, and State and local government housing. Discrimination in any aspect of selling or renting housing because of disability is prohibited. There are requirements for new construction and for making reasonable accommodations for persons with disabilities in housing.

Question 18

Genetic Information Nondiscrimination Act of 2008 (GINA)

Answer 18

GINA took effect on November 21, 2009. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.

Question 19

section 504 of ADA

Answer 19

Section 504 of the Rehabilitation Act of 1973, as amended, is a civil rights law that prohibits discrimination on the basis of disability. This law applies to public elementary and secondary schools, among other entities.

Question 20

Title 4 of ADA

Answer 20

Title IV addresses telephone and television access for people with hearing and speech disabilities. Title IV is enforced by the Federal Communications Commission (FCC). Specifically required under Title IV are:

Closed captioning of federally funded public service announcements (PSAs).
As of July 26, 1993, the establishment by telephone companies of in-state and state-to-state telecommunications relay services (TRS) 24 hours a day, 7 days a week.

Question 21

ADA Title 1 filing complaint requirements

Answer 21

1- only applies to private employers who have 15 or more employees. (Title I also applies to employees of state and local governments, regardless of how many employees work for the government entity.)
2- An administrative complaint must be filed with the EEOC before starting a civil action

3- 180 days to file in states without a local or state agency to handle a discrimination complaint.
300 days to file in states where there is a local or state agency that can handle a discrimination complaint.

Question 22

ADA definition of disability

Answer 22

Needs only one of the following
- 1Has a physical or mental impairment that substantially limits one or more major life activities;
2-Has a record of such an impairment;
- For example: a history of cancer, heart disease or mental illness
3- Is regarded as having such an impairment.
- For example: having high blood pressure or prominent facial scar

Question 23

physical impairment

Answer 23

is a physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems

Question 24

mental impairment

Answer 24

is any mental or psychological disorder such as: Intellectual disability
Emotional or mental illness
Specific learning disabilities

Question 25

ADA definition of Major Life Activity

Answer 25

A major life activity is an activity that most people in the general population can perform with little or no difficulty.

Question 26

3 factors to determine whether a person’s impairment substantially limits

Answer 26

Nature and severity of the impairment
Duration or expected duration of the impairment
Permanent, long term, or expected impact from the impairment