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Human Resources > Legal Concerns In HR > Flashcards

Legal Concerns In HR Flashcards

1
Q

The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sec, age (kind of), disability, or national origin

A

Equal employment opportunity (EEO)

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2
Q

Government’s efforts to achieve EEO include: (4)

A

Constitutional amendments
Legislation
Executive orders
Court rulings (ultimate interpretation)

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3
Q

Abolished slavery
Covers all individuals
Enforced by courts

A

13th amendment

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4
Q

Equal employment opportunity (EEO)

A

The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sec, age (kind of), disability, or national origin

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5
Q

Provided equal protection for all citizens and requires due process in state action
Covers state actions (e.g., decisions of government organizations)
Enforced by courts

A

Fourteenth Amendment

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6
Q

Grants all citizens the right to make, perform, modify, and terminate contracts and enjoy all benefits, terms, and conditions of the contractual relationship
Covers all individuals
Enforced by court system

A

Civil rights acts (CRAs) of 1866 and 1871

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7
Q

Requires that men and women performing equal jobs receive equal pay
Covers employers engaged in interstate commerce
Enforced by EEOC

A

Equal Pay Act of 1963

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8
Q

Forbids discrimination based on race, color, religion, sex, or national origin
Covers employers with 15 or more employees working 20 or more weeks per year; labor unions; and employment agencies
Enforced by the EEOC

A

Title VII of CRA

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9
Q

Prohibits discrimination in employment against individuals 40 years of age or older
Covers employers with 15 or more employees working 20 or more weeks let hear; labor unions; employment agencies; federal government
Enforced by EEOC

A

Age discrimination in employment act of 1967

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10
Q

Require affirmative action in the employment of individuals with disabilities
Covers government agencies; federal contractors and subcontractors with contracts greater than $2500
Enforced by OFCCP

A

Rehabilitation act of 1973

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11
Q

Treats discrimination based on pregnancy-related conditions as illegal sex discrimination
Covers all employees covered by Title VII
Enforced the EEOC

A

Pregnancy discrimination act of 1978

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12
Q

Prohibits discrimination against individuals with disabilities
Covers employers with more than 15 employees
Enforced by EEOC

A

Americans with Disabilities Act of 1990

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13
Q

Requires affirmative action in hiring women and minorities
Covers federal contractors and subcontractors with contracts greater than $10000
Enforced by OFCCP

A

Executive Order 11246

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14
Q 
Prohibits discrimination (same as Title VII)
Covers same as Title VII, plus applies section 1981 to employment discrimination cases
Enforced by EEOC
A

Civil rights act of 1991

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15
Q

Prohibits discrimination because of genetic information
Covers employers with 15 or more employees
Enforced by EEOC

A

Genetic Information Nondiscrimination Act of 2008

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16
Q

Allows employees to claim discriminatory compensation within a set time after receiving a discriminatory paycheck
Covers employers covered by the Title VII of CRA, Age Discrimination in Employment Act, and Americans with Disabilities Act
Enforced by EEOC

A

Lilly Ledbetter Fair Pay Act of 2009

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17
Q

Forbids states from taking life, liberty, or property without due process
Equal protection of the laws
Applies only to government groups/private groups with government ties

A

Fourteenth Amendment

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18
Q

Men and women doing equal work in an organization must be paid the same
Equal in terms of skills, effort, responsibility, and working conditions

A

Equal Pay Act of 1963

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19
Q

When are pay differences allowed?

A

If different seniority, merit, quality, quantity, etc.

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20
Q

Title VII of CRA 1964 prohibits employers from discriminating based on: (5)

A 
Race
Color
Religion
Sex
National origin
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21
Q

Who does the CRA of 1964 apply to

A

Organizations that employ 15 or more employees

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22
Q

What prevents employers from retaliating against “opposing” employees

A

Civil rights act of 1964

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23
Q

Organizations (with govt connections) must engage in affirmative action for individuals with disabilities and to make reasonable accommodations for them

A

Vocational rehabilitation act (1973)

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24
Q

Discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
Benefits, including health insurance, should cover pregnancy as any other medical condition

A

Pregnancy Discrimination Act (1978)

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25
Q

Civil Rights Act (CRA) of 1871

A

Granted all citizens the right to sue if they feel they have been deprived of some civil right

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26
Q

Americans with disabilities act (ADA) of 1990

A

Prohibits discrimination based on disability in all employment practices

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27
Q

Federal contractors and subcontractors must take affirmative action toward employing veterans of the Vietnam War (9/5/64 to 5/7/75)

A

Vietnam Era Veteran’s Readjustment Act

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29
Q

Pregnancy Discrimination Act (1978)

A

Discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
Benefits, including health insurance, should cover pregnancy as any other medical condition

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32
Q

Prohibits discrimination based on disability in all employment practices

A

Americans with disabilities act (ADA) of 1990

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33
Q

Physical or mental impairment that substantially limits one or more major life activities, a record of, or being regarded as having such an impairment
Mental disorders are covered

A

Disability

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34
Q

Employers must take steps to make reasonable accommodations for individuals covered by the act as long as (3)

A

It is not economically prohibitive (undue hardship)
It does not interfere with core job tasks
It does not put the public at risk

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35
Q

Amends CRA 1964 by adding compensatory and punitive damages in cases of discrimination under Title VII and the ADA.

A

Civil rights act of 1991

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37
Q

Equitable relief

A

Legal costs and lost wages/benefits

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38
Q

Compensatory/punitive damages

A

Punishment, fine

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40
Q

When are compensatory/punitive damages allowed

A

When discrimination was intentional or reckless

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41
Q

Employer size vs. damage limit

A

15-100 $50,000
101-200 $100,000
201-500 $200,000
500+ $300,000

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42
Q

Prohibits use of genetic information in making decision related to the terms, conditions, or privileges of employment
Forbids unintentional collection and harassment of employee because of genetic information

A

Genetic Information Nondiscrimination Act of 2008 (GINA)

43
Q

Genetic Information includes

A

A person’s genetic tests, genetic test of the person’s family members, and family medial histories

44
Q

Genetic Information Nondiscrimination Act of 2008 (GINA)

A

Prohibits use of genetic information in making decision related to the terms, conditions, or privileges of employment
Forbids unintentional collection and harassment of employee because of genetic information

45
Q

Complaints to the EEOC must be filed within how many days

A

Within 180 days of the incident

46
Q

How many days does the EEOC have to investigate a complaint

A

60 days

47
Q

After the EEOC has performed an investigation, who makes decisions about what will happen next?

A

The courts

48
Q

Disability

A

Physical or mental impairment that substantially limits one or more major life activities, a record of, or being regarded as having such an impairment
Mental disorders are covered

49
Q

Civil rights act of 1991

A

Amends CRA 1964 by adding compensatory and punitive damages in cases of discrimination under Title VII and the ADA.

50
Q

Vietnam Era Veteran’s Readjustment Act

A

Federal contractors and subcontractors must take affirmative action toward employing veterans of the Vietnam War (9/5/64 to 5/7/75)

51
Q

Vocational rehabilitation act (1973)

A

Organizations (with govt connections) must engage in affirmative action for individuals with disabilities and to make reasonable accommodations for them

54
Q

Equal Pay Act of 1963

A

Men and women doing equal work in an organization must be paid the same
Equal in terms of skills, effort, responsibility, and working conditions

59
Q

Fourteenth Amendment

A

Forbids states from taking life, liberty, or property without due process
Equal protection of the laws
Applies only to government groups/private groups with government ties

60
Q

Who is responsible for enforcing civil rights laws and executive orders that cover companies doing business with the government

A

Office of Federal Contract Compliance Procedures (OFCCP)

61
Q

Office of Federal Contract Compliance Procedures (OFCCP)

A

Responsible for enforcing civil rights laws and executive orders that cover companies doing business with the government

62
Q

Top 5 charges filed with the EEOC

A 
Retaliation
Race
Disability
Sex
Age
63
Q

Intentional discrimination where employer knowingly discriminated based on the individual’s race, color, religion, sex, national origin, age, or disability status

A

Disparate/adverse treatment

64
Q

Three types of evidence for disparate/adverse treatment

A

Direct, inferred, or mixed

65
Q

Disparate/adverse treatment

A

Intentional discrimination where employer knowingly discriminated based on the individual’s race, color, religion, sex, national origin, age, or disability status

66
Q

Defenses for disparate treatment

A

Stray remarks

Bona fide occupational qualifications (BFOQ)

67
Q

Stray remarks

A
  • not strong defense

- discriminatory words or phrases that do not result in actual discrimination in employment

68
Q

Bona fide occupational qualifications (BFOQ)

A 
Legitimate criteria on which to discriminate on the basis of protected class status
Only apply to qualifications that affect an employee's ability to do the essential elements of the job
Necessary (not merely preferred) qualification for performing a job
69
Q

BFOQs (3)

A

Authenticity
Customer preferences
Concern for the welfare of employees

70
Q

Authenticity BFOQ

A

Gender, religion, age, etc. is absolutely necessary because it is part of the core task of representing the product, service, etc.
Ex. Clothing models, church

71
Q

Customer preferences BFOQ

A

Gender, religion, age, etc. is necessary because customers like to deal with certain types of individuals in certain situations
Ex. Healthcare, massage, gym locker rooms, showers

72
Q

Concern for the welfare of employees BFOQ

A

Some workers (esp. women) need to be protected from dangerous circumstances

73
Q

A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
-focused on the practice rather than the motive
The policy or practice in question is not actually related to one’s capacity to perform important job functions

A

Disparate/adverse impact (DI/AI)

74
Q

Disparate/adverse impact (DI/AI)

A

A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
-focused on the practice rather than the motive
The policy or practice in question is not actually related to one’s capacity to perform important job functions

75
Q

Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority’s group is less than four-fifths the hiring rate for the majority group
-highlights the rate of hiring, not the number of employees hired

A

4/5 rule

76
Q

4/5 rule

A

Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority’s group is less than four-fifths the hiring rate for the majority group
-highlights the rate of hiring, not the number of employees hired

77
Q

Defenses against claims of disparate/adverse impact

A

The measure is clearly linked to specific job skills that have been identified through the process of a job analysis
There is substantial correlation between the measure and job-relevant criteria

78
Q

If multiple, equally-valid, measures exist, then which one should be preferred

A

The one that results in the least disparate impact

79
Q

Social policy aimed at reducing the effects of prior discrimination by taking extra effort to attract and retain minority employees
-established noting the goals for inclusion of individuals and timelines

A

Affirmative action (AA)

80
Q

Affirmative action (AA)

A

Social policy aimed at reducing the effects of prior discrimination by taking extra effort to attract and retain minority employees
-established noting the goals for inclusion of individuals and timelines

81
Q

Can this be done: advertising in publications targeted to women or minorities

A

Yes

82
Q

Can this be done: recruiting at historically black universities

A

Yes

83
Q

Can this be done: encouraging women and minorities to apply

A

Yes

84
Q

Can this be done: set aside programs

A

No

85
Q

Can this be done: preferring certain groups if qualifications are equivalent

A

Yes

86
Q

Can this be done: providing additional training

A

Yes

87
Q

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when

  • submission to such conduct is made explicitly or implicitly a term of condition if an individual’s employment,
  • submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual, or
  • such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment
A

Sexual harassment

88
Q

Sexual harassment

A

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when

  • submission to such conduct is made a term of condition of employment,
  • submission to, or rejection of, such conduct is used as the basis for employment decisions, or
  • such conduct has the purpose of effect of interfering with work performance or creating an intimidating, hostile, or offensive working environment
89
Q

Means “this for that”

A

Quid pro quo

90
Q

Quid pro quo

A

Means “this for that”

Person makes a benefit (or punishment) contingent on an employee’s submitting to (or rejecting) sexual advances

91
Q

Faragher v Boca Raton results

A

Employer must exercise “reasonable care” and can be found liable for harassment by their employees
Policy must take swift, immediate, action to solve sexual harassment issues

92
Q

Organizations can prevent sexual harassment by (4)

A

Developing a policy that defines and forbids it
Training employees to recognize and avoid this behavior
Providing a means for employees to complain and be protected
Taking speedy corrective action

93
Q

Authorized the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce
Employers have a general duty to furnish each employee a place of employment free from recognized hazards
Established OSHA

A

Occupational safety and health (OSH) act

94
Q

5 employee rights under the OSH Act

A

Request an inspection
Have a representative present at an inspection
Have dangerous substances identified
Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure
Have employer violations posted at the work site

95
Q

Duties of OSHA (2)

A 
OSHA inspections (random or "invited")
Require employers keep records of illness/injury
96
Q

OSHA inspections

A 
OSHA must have a search warrant, but the inspector comes unannounced
Review of records, walk around tour, employee interviews, such as findings
Cash penalties (up to $20k per violation), required to make corrections, personal liability
97
Q

Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury

A

Job Hazard Analysis Analysis Technique

98
Q

Method of promoting safety by determining which specific element of a job led to a past accident

A

Technique of Operations

99
Q

Technique of Operations

A

Method of promoting safety by determining which specific element of a job led to a past accident

100
Q

Job Hazard Analysis Analysis Technique

A

Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury

101
Q

Rip 2 causes of workplace injuries

A

Overexertion

Falls on same level

102
Q

Fostering a safe workplace (5)

A

Implementing a safety incentive program to reward workers for their support of, and commitment to, safety goals
Set organizational and workgroup safety goals
Encourage suggestions from employees for improving safety in their job
Train employees
Target particular types of injuries that are “common” for certain jobs

Human Resources (3 decks)

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