m2 ch3

Question 1

What did the Civil Rights Act of 1964 state?

Answer 1

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

Question 2

What did the Civil Rights Act of 1991 say?

Answer 2

allows compensatory and punitive damages when intentional or reckless discrimination is proven, there are limits

Question 3

Who does the burden of proof fall on?

Answer 3

the plaintiff

Question 4

What is the age protected under the Age Discrimination in Employment Act?

Answer 4

40 or older

Question 5

What types of disabilities is covered under the Americans with Disabilities Act

Answer 5

physiological, mental, and psychological,

Question 6

What does the Family and Medical Leave Act of 1933 provide?

Answer 6

12 weeks of unpaid leave

Question 7

Who is eligible and for how much leave?

Answer 7

after the birth or adoption of a child, care for sick spouse, child, or parent, and care for employees own serious health problems

Question 8

What does OSHA protect from?

Answer 8

workplace hazards, retaliation or discrimination from making complaints, toxic and harmful substances or conditions

Question 9

What is the uniform guidelines?

Answer 9

a framework for employers to follow to ensure that their selection procedures are fair, non-discriminatory, and legally compliant

Question 10

What is adverse impact?

Answer 10

“a substantially different rate of selection hiring, promotion or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group”

Question 11

What is disparate treatment?

Answer 11

when individuals in similar situations are TREATED DIFFERENTLY because of race, sex, or the like.

Question 12

What is prima facie?

Answer 12

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

Question 13

What is disparate impact?

Answer 13

occurs when a neutral employment practice AND TREATED IDENTICALLY, BUT THE OUTCOME IS DIFFERENT

Question 14

What is the four-fifths rule?

Answer 14

a test on if the hiring rate for the protected group is less than four-fifths (80%) of the group with the highest hiring rate.

Question 15

Know how to interpret data based on the four-fifths rule.

Answer 15

1- identify the highest selection rate
2- calculate 80% of the highest rate
3- compare the selection rates (if they’re lower than the calculated 80% there may be discrimination)

Question 16

What is the Griggs v Duke Power co?

Answer 16

reinforced the idea that job requirements must be job-related, indirect discriminatory tests against blacks

Question 17

What is a Bona fide Occupational Qualification? Know what is allowed versus not.

Answer 17

characteristic that is necessary, rather than preferred for a job. Only for sex, religion, national origin, or age - never for race. “reasonably necessary to the normal operation of that particular business”

Question 18

What is sexual harassment?

Answer 18

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when it relates to work

Question 19

What is quid pro quo?

Answer 19

something for something sexual act of people in unequal positions

Question 20

What is hostile work environment?

Answer 20

no “welcome or unwelcome” issues, can be between equals in the workplace, like vulgar comments, offensive touching, dirty jokes

Question 21

What is affirmative action?

Answer 21

policies and practices designed to promote equal opportunity in employment, education, and other areas by addressing past and present discrimination.

Question 22

What are examples of affirmative action?

Answer 22

employers seek out cadidates of underrepresented groups, providing additional support to them, quota-like hiring to ensure workforce commotion mirrors labor market in surrounding community which has alleged to reverse discrimination

Question 23

What is employment-at-will?

Answer 23

the employer or employee can terminate the employment relationship at any time for any reason without legal liability

Question 24

What are the employment-at-will exceptions?

Answer 24

violation of public policy, violation of implied contract, and violation of good faith and fair dealings