Module 2

Question 1

refers to the proposition of ensuring the equality of all individuals in employment opportunities, regardless of their race, sex, color, national origin, disability, and other characteristics

Answer 1

EEO

Question 2

This legal framework of EEO is essentially based on two key acts

Answer 2

Title VII of the 1964 Civil Rights Act and Americans with Disabilities Act (ADA) of 1990.

Question 3

This title states that an employee is protected from any form of discrimination based on race, color, religion, sex, or national origin from their employer

Answer 3

Title VII of the 1964 Civil Rights Act

Question 4

Under this act, it aims to remove any form of disparity of wages based on gender or sex.

Answer 4

Equal Pay Act of 1963
Republic Act No. 5885 “Equal Pay for Equal Work”

Question 5

This legislation was formed to protect employees aged between 40 and 65 years old

Answer 5

Age Discrimination in Employment Act of 1967

Question 6

This act protects handicapped individuals from employment discrimination

Answer 6

Vocational Rehabilitation Act of 1973

Question 7

This legislation prohibits discrimination of employment on the basis of pregnancy, childbirth, or any related medical condition

Answer 7

Pregnancy Discrimination Act of 1978

Question 8

This generally refers to the documents and recommendations based on the various federal agencies in the United States

Answer 8

Federal Agency Guidelines

Question 9

It is United States federal law that modified several existing laws to support the protection of civil rights against discrimination in the workplace

Answer 9

The Civil Rights Act of 1991

Question 10

Here, the plaintiff must form a possible illegal discrimination done by the employer. With that, the employer must provide evidence to defend its actions

Answer 10

Burden of proof

Question 11

With this CRA 1991, the employees and applicants can now sue for money damages in such cases.

Answer 11

Money Damages

Question 12

the CRA 1991 observes situations where the employment decision by the employer may be influenced by both lawful and unlawful factors.

Answer 12

Mixed Motives

Question 13

It is a federal law that refers to the prohibition of employment discrimination against individuals with disabilities

Answer 13

The Americans with Disabilities Act (ADA)

Question 14

In this context, a person with or without disabilities must essentially perform the specific task in his/her job

Answer 14

Qualified Individual

Question 15

This refers to individuals being accommodated to their needs for their disability

Answer 15

Reasonable Accommodation

Question 16

Employers may argue that in some instances, providing the necessary accommodations may result in a significant hardship in the company such as expenses and impact on the operation of the business.

Answer 16

Undue Hardship

Question 17

closely mirrors the 1990 ADA but expands the “disability” definition

Answer 17

The 2008 Americans with Disabilities Amendments Act (ADAAA)

Question 18

refers to a person’s genetic predispositions as well as family medical history

Answer 18

genetic information

Question 19

essentially protects individuals’ privacy and prohibits discrimination based on their genetic makeup

Answer 19

Genetic Information Nondiscrimination Act of 2008

Question 20

similar to GINA but with respect to health insurance only

Answer 20

Genetic Information Nondiscrimination Health Insurance Act

Question 21

it is defined as unwanted sexual advances, requests for sexual favors, or other sexually motivated verbal or physical activities that affects one’s employment.

Answer 21

Sexual harassment in the workplace

Question 22

Philippine legislation against sexual harassment

Answer 22

Anti-Sexual Harassment Act of 1955 (RA no. 7877)

Question 23

also know as the Bawal Bastos Law also addresses sexual harassment in public and private

Answer 23

Safe Spaces Act of 2019 (RA no. 11313)

Question 24

This generally defines a favor or advantage granted or expected in return for something like hiring, promotion, or a raise to an employee

Answer 24

1. Quid Pro Quo

Question 25

physical repercussions are not required; it can be indirect, as long as a supervisor’s advances interfere with an employee’s performance and create an uncomfortable work atmosphere

Answer 25

Hostile Environment created by Supervisors

Question 26

Harassment can also come from colleagues or nonemployees like customers

Answer 26

Hostile Environment created by Coworkers or Nonemployees

Question 27

in which discriminatory acts occur frequently or severely, physically alarming and humiliating, and offensive to the point where they damage the victim’s well-being and productivity

Answer 27

hostile work environment

Question 28

What the Employee can do

Answer 28

● Direct Communication
● Verbal and Written Reports
● Seeking Support
● Legal Consultation

Question 29

which means intentional discrimination arises when an employer discriminates against an individual based on their membership in a specific race, religion, gender, or ethnic group, representing a form of deliberate and intentional bias

Answer 29

Disparate Treatment

Question 30

that “an employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than on other employees, regardless of intent.

Answer 30

Disparate Impact

Question 31

refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion

Answer 31

Adverse impact

Question 32

Ways of Showing Adverse Impact:

Answer 32

Disparate Rejection Rates
Standard Deviation Rule
Restricted Policy
Population Comparisons

Question 33

a test used by lawyers in categorizing cases of intentional discrimination or disparate treatment

Answer 33

McDonnell-Douglas Test

Question 34

Approaching the Discrimination Law as the employer, one can claim that a certain employment practice as a __, reasonably necessary to the normal operation of that particular business or enterprise

Answer 34

Bona Fide Occupational Qualification (BFOQ)

Question 35

BFOQ factors

Answer 35

Age
Religion
Gender
National Origin

Question 36

is a type of defense created by the courts that requires showing that there is a primary business objective for the discriminatory practice and with that the practice can be considered as acceptable

Answer 36

Business Necessity