Legal Environment

Question 1

Legislative Branch

Answer 1

Enact laws that govern many HR activities (House of Reps & Senate)

Question 2

Executive Branch

Answer 2

Can issue executive orders which can regulate the activities or orgs that may have contracts with the federal government (President & Regulatory agencies)

Question 3

Judicial Branch

Answer 3

Companies can find themselves in court battles (US District Courts/ Courts of appeals/ Supreme court)

Question 4

When was Equal Employment Opportunity established?

Answer 4

1964 in the Civil Rights Act

Question 5

What does the Equal Employment Opportunity enforce?

Answer 5

EEO attempts to settle charges and lawsuits in federal court through constitutional amendments, legislation, executive orders, and court decisions.

Question 6

What is the EEO?

Answer 6

EEO is the governments attempt to ensure that all individuals have an equal chance of employment, regardless of race, color, religion, sex, age, disability, or national origin.

Question 7

Responsibilities of the EEO

Answer 7

1.) Investigating and resolving discrimination complaints 2.) Gathering information 3.) Issuing guidelines

Question 8

Civil Rights Act of 1964

Answer 8

Forbids discrimination based on race, color, religion, sex, or national origin

Question 9

Title VII

Answer 9

Applies to employment, establishes the EEOC commission and applies to orgs> 15 employees.

Question 10

Age discrimination Act of 1967

Answer 10

Prohibits discrimination in employment against individuals 40+. Makes reducing # of older workers who are paid more illegal. Covers employers with 20+ employees.

Question 11

Civil Rights Act of 1991

Answer 11

Allows compensatory and punitive damages when intentional and reckless discrimination is proven. Burden of proof is still on the plaintiff, allowed for jury trial.

Question 12

Americans with Disabilities Act of 1990

Answer 12

Protects disabled individuals from being discriminated against in the workplace w or wo reasonable accommodation. Covers specific physiological disabilities, mental and psychological disorders. A person can be disabled if they have a physical or mental impairment that substantially limits one or more major life activities. Essential job functions are major nontrivial tasks required of an employee.

Question 13

Family and Medical Leave Act of 1993

Answer 13

Requires employers to provide employees up to 12 weeks of unpaid leave after 1.) birth or adoption of child 2.) care for sick spouse, child, or parent 3.) care for employees own serious health problems. Only business w 50+ wi 75 mi radius. Top 10% highly paid employees are exempt. Must have worked for over 1 year.

Question 14

Occuptional Safety and Health Act (OSHA)

Answer 14

General duty clause requires employers to provide “a place of employment free from recognized hazards”, notify employers of hazards in workplace, protects against retaliation or discrimination for making complaints, citations must be posted by employer, copies of medical records and exposure to toxic and harmful substances or conditions.

Question 15

uniform guidelines on employment selection

Answer 15

establish a framework for employers to follow in order to ensure their selection procedures are fair, non discriminatory, and legally compliant.

Question 16

disparate treatment

Answer 16

when individuals in similar situations are treated differently bc of race, sex, or the like. The plaintiff must prove that the defendant has committed an illegal act. Usually involves individuals and often intentional discrimination.

Question 17

Prima Facie

Answer 17

enough initial evidence to suggest discrimination has occurred and it is up to the party to refute it.

Question 18

disparate impact

Answer 18

when neutral employment practice and treated identically but the outcome is different such as disproportionately excluded a protected group from employment opportunities. Hiring stats have to be provided in plaintiff burden evidence.

Question 19

Four fifths rule

Answer 19

is the protected group less than 4/5 or 80% of group with highest hiring rate?
Standard deviation rule is used to see if probability distribution is disproportionate from one group to another.

Question 20

Griggs v Power Co.

Answer 20

DPC required a high school diploma and a passing grade on an aptitude test for certain job positions. Majority of black employees had not passed these tests and were unable to qualify for higher paying jobs. Decision established disparate impact that allows individuals to prove discrimination by showing a company’s practices disproportionately impact minority groups even wo mal-intent. Job requirements must be job related.

Question 21

Business Necessity

Answer 21

necessary for the safe and efficient operation of the org.

Question 22

Bona fide Occupational Qualification (BFOQ)

Answer 22

characteristic necessary for a job: sex, religion, national origin, never for race

Question 23

Sexual Harassment

Answer 23

Title VII in the CRA prohibits unwelcome sexual advances, request for favors, and other verbal/physical conduct when: submission to conduct is made a term for employment, submission is used for employment decisions, conduct interferes with individuals performance or creating an intimidating, hostile, or offensive work environment.

Question 24

2 Types of prohibited SH

Answer 24

Quid Pro Quo & Hostile Work Environment

Question 25

Quid Pro Quo

Answer 25

Something for something- two people in unequal bargaining bargaining positions (sexual blackmail)

Question 26

Hostile Work Environment

Answer 26

No “ Welcome or unwelcome” issues can be between equals in the workplace (vulgar comments, offensive touching, dirty jokes)

Question 27

Affirmative Action

Answer 27

Policies and Practices that promote equal opportunities in employment, education, adn other areas by adressing past and present discrimination.

Question 28

Employment At-Will

Answer 28

the employer can terminate the employment relationship at any time, for any reason wo legal liability

Question 29

Violation of public policy

Answer 29

laws at all levels provide protection from wrongful termination such as anti discrim statutes, whistleblower, family/medical leave

Question 30

violation of implied contract

Answer 30

promises or assurances are made by employer even if no formal contract is written

Question 31

violation of good faith and fair dealings

Answer 31

all employment relations should be conducted in good faith.