Legislation Flashcards
Title VII of the Civil Rights Act (1964) as amended (1972,1991)
It shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
Age Discriminations in Employment Act (1967) as amended
protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment
Pregnancy Discrimination in Employment Act (1978)
The Pregnancy Discrimination Act (PDA) prohibits employers with a minimum of 15 employees from:
Refusing to hire a woman because of pregnancy.
Firing or forcing a woman to leave her position because of pregnancy.
Taking away certain benefits – such as credit for previous years worked, accrued retirement benefits or seniority because or maternity leave.
Firing or refusing to hire a woman because she opted to terminate a pregnancy.
The Act also mandates that pregnant women be eligible for temporary job reassignment to easier duties if pregnancy makes her unable to perform her current duties.
Uniform Guidelines on Employee Selection Procedures
encompass a set of principles that ensure fairness and legality in hiring and selection practices. These guidelines include provisions related to validity, reliability, and the prevention of adverse impact and disparate treatment.
Occupation Safety and Health Act (1971)
To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes
Americans with Disabilities Act (ADA)
rohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services.
Family Medical Leave Act (FMLA)
applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
For the birth and care of the newborn child of an employee;
For placement with the employee of a child for adoption or foster care;
To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
Canadian Charter of Rights and Freedoms (Canada)
guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada
Canadian Humans Rights Act (Canda)
extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds. The prohibited grounds currently are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered
Canadian Centre for Occupational Health and Safety Act (Canada)
promote the fundamental right of Canadians to a healthy and safe working environment by creating a national institute concerned with the study, encouragement and cooperative advancement of occupational health and safety, in whose governing body the interests and concerns of workers, trade unions, employers, federal, provincial and territorial authorities, professional and scientific communities and the general public will be represented.
Constitution Act (Canada)
enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.
Fair Labor Standards Act (1938) as amended (Wage and Hour)
that creates the right to a minimum wage, and “time-and-a-half” overtime pay when people work over forty hours a week.[2][3] It also prohibits employment of minors in “oppressive child labor”
Equal Pay Act (1963)
The Equal Pay Act is a labor law that prohibits gender-based wage discrimination in the United States. Signed by President Kennedy in 1963 as an amendment to the Fair Labor Standards Act, the law mandates equal pay for equal work by forbidding employers from paying men and women different wages or benefits for doing jobs that require the same skills and responsibilities.
COBRA (Consolidated Omnibus Reconciliation Act) (1990)
gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102% of the cost to the plan.
Social Security Act (as amended)
established a system of old-age benefits for workers, benefits for victims of industrial accidents, unemployment insurance, and aid for dependent mothers and children, persons who are blind, and persons with disabilities.
Patient Protection Affordable Care Act
Make affordable health insurance available to more people. The law provides consumers with subsidies (“premium tax credits”) that lower costs for households with incomes between 100% and 400% of the federal poverty level (FPL).
Expand the Medicaid program to cover all adults with income below 138% of the FPL. Not all states have expanded their Medicaid programs.
Support innovative medical care delivery methods designed to lower the costs of health care generally.
