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MGMT 475 > Midterm > Flashcards

Midterm Flashcards

1
Q

What is employment law?

A

establishes the rules and legal preepts of the relationship between employers and employees, covering multiple areas related to work and the workplace. These laws have largely been implemented to protect and define rights for employees while governing what employers can do and expect from employees

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2
Q

what are the 5 sources of law?

A

constitutions, statues, executive orders, regulations & guidelines, common law

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3
Q

what is contractual employment?

A

promises employment for specified period of time

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4
Q

what is employment at will?

A

employment can be severed at any time for any reason not specifically prohibited by law

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5
Q

what are some alternatives to employees filing to EEOC?

A

-out of court settlement
-mediation
-arbitration hearing

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6
Q

what are some internal remedies in preventing compliance?

A

policies, procedures, education/training, coaching, mentoring, communcation

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7
Q

Who passed Civil Rights Act of 1964?

A

lyndon b jonson

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8
Q

What is the Civil Rights Act of 1964?

A

outlaws discrimination and segregation based on race, color, religion, or national origin in public establishments, schools, and federally funded programs

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9
Q

What does Title VII of Civil Rights Act of 1964 protect?

A

employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.

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10
Q

What employers are covered under Title VII?

A

15+ employees
federal government
state and local governments
labor organizations

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11
Q

How does a person file a complaint?

A

Step1: File complaint with EEOC
Step2” EEOC sends “right-to-sue”

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12
Q

Adverse employment action

A

discriminatory actions that limit or deny employment opportunities
-refusing to promote, or hire
-firing

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13
Q

What are things that fall under the protected class of sex?

A

sexual orientation and sexual identity

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14
Q

what is retaliation?

A

the act of punishing employees for seeking to assert their rights under anti-discrimination laws or assisting others in doing so

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15
Q

For act to be retaliatory, they must be _ and _.

A

material and adverse

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16
Q

Prima Facie Case

A

pre-trial = a showing by plaintiff of certain basic facts that point to the discrimination as a plausible explanation for an adverse employment action

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17
Q

Materially Adverse Action

A

An action taken that is meant to dissuade a reasonable worker from making or supporting a charge of discrimination

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18
Q

What are some things HR can do to prevent discrim. and retaliation?

A

policies, communication, training

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19
Q

What should HR do when they receive an employee complaint?

A

Investigate complaint

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20
Q

What are the two most common forms of harassment?

A

sexual and racial

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21
Q

when claiming harassment, plaintiffs must show that they

A

-subjected based on protected class
-resulted in a tangible employment action or was severe or pervasive to create hostile work environment
-unwelcome
-attributing liability to the employer

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22
Q

for sexual harassment, plaintiffs must prove that opposite or same sex harassment is because of their _

A

sex

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23
Q

quid pro quo

A

sexual advances or demands in trade for employment outcome

24
Q

negligent standard

A

employer knew or should’ve known
and failed to take action

25
Q

4 factors of credibility

A
  1. witness demeanor
  2. consistency
  3. chronology of events
  4. past history & motivations
26
Q

disparate treatment

A

unequal behavior toward someones because of protected class

27
Q

disparate impact

A

unintentional discrimination

28
Q

Facially discriminatory policy or practice

A

disparate treatment in which an employer overtly limits employment opportunities

29
Q

BFOQ

A

Bona fide occupational qualification,
a qualification of employment to discrim

30
Q

Affirmative action program is designed to

A

ensure equal opportunity and prevent discrimination

31
Q

Affirmative action plans may use preference when deciding new hires or promotions as a _ between relatively equal candidates

A

tiebreaker

32
Q

sex stereotyping

A

disparate treatment based on stereotypical appearance or behaviors with person sex

33
Q

3 types of termination

A

voluntary
involuntary
constructive discharge

34
Q

what is constructive discharge?

A

when employers create intolerable work conditions designed to force employees to quit or attempt to obtain resignations when termination are already impending

35
Q

which type of termination is most likely to result in legal action?

A

involuntary termination

36
Q

expressed (actual) contract

A

contract that specifies a particular term of employment

37
Q

implied contract

A

promises made to employees regarding their employment

38
Q

disclaimers need to be _ and _

A

clear and specific

39
Q

alternatives approaches to termination

A

retrain, transfer, demote, suspend, last chance agreement

40
Q

the goal of _ _ is to guide and influence employee behavior to continuously develop and align with organization goals, driving individual and organization success.

A

performance management

41
Q

if an employee falls below the minimum requirements for performance, what are the next steps?

A

counseling and discipline

42
Q

what is a graduated system of discipline that addresses below standard performance to redirect performance to acceptable levels?

A

progressive discipline

43
Q

what are the four steps of progressive discipline?

A

verbal counseling meeting
written warning
written warning
termination or other actions

44
Q

do drug tests specify what illegal substance are in a person system?

A

yes

45
Q

do drug tests determine how substances were ingested, the quantity, or individual is currently impaired?

A

no

46
Q

t/f random drug testing should be steered towards safety-sensitive jobs

A

true

47
Q

what is a medical exam?

A

any procedure or test that seeks information about an individuals impairments or health

48
Q

4/5 rule

A

selection rate of protected class should be at least 80% successful

49
Q

what is GINA?

A

a federal law that protects individuals from discrimination based on their genetic information

50
Q

what does GINA stand for?

A

Genetic Information Nondiscrimination Act

51
Q

what two specific areas does GINA protect under?

A

health insurance and employment

52
Q

what does PDA stand for?

A

pregnancy discrimination act

53
Q

what is pregnancy discrimination?

A

discrimination on main provisions: pregnancy, childbirth, related medical conditions, abortion, birth control

54
Q

PDA prohibits policies that…

A

limit or prevent women from doing a job because they are of childbearing age or able to become pregnant

55
Q

Employees with pregnancy-related disabilities are to be treated the same as an other _

A

temporarily disabled employee

MGMT 475 (16 decks)

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