NE- BC chapter 2

Question 1

How many employees must a company have to be affected by the EEOC?

Answer 1

15 (20 for age discrimination cases)

Question 2

What law(s) does the EEOC enforce?

Answer 2

1.) Civil Rights Act of 1964
2.) The Pregnancy Discrimination Act
3.) The Equal Pay Act of 1963
4.) Title I of American with Disabilities Act of 1990
5.) Sessions 201 and 505 of the Rehabilitation Act of 1973
6.) The Age Discrimination in Employment Act of 1967
Title II of the Genetic information Nondiscrimination Act of 2008

Question 3

What is the Title VII of the Civil Rights Act of 1964?

Answer 3

It prohibits discrimination based on race, color, religion, sex or national origin.

Question 4

What is the purpose of the Title VII of the Civil Rights Act of 1964?

Answer 4

Employment should be based on performance and ability.

Question 5

What is the Americans with Disability Act (ADA)?

Answer 5

The ADA was instituted in 1990 to require employers to make reasonable accommodations for employees with disabilities.

Question 6

What would be a reasonable accommodation for an employee with a hearing deficit under the Americans with Disability Act?

Answer 6

Have equipment available to adapt the telephone in their office to amplify sound so they can hear callers better. A reasonable accommodation required by law, as long as the employee is otherwise qualified to perform the job.

Question 7

What role does the Employee Health Department have in terms of the Americans with Disability Act?

Answer 7

Employee Health is typically involve in determining the physical requirements for the job description, performs pre-employment physicals, and examines any employee who has been injured to determine if they can perform the functions of the job

Question 8

What is the purpose of the ADEA?

Answer 8

The Age Discrimination and Employment Act of 1967 (ADEA) prohibits discrimination due to age (specifically ages40-70)

Question 9

What did the Fair Labor Standards Act of 1938 (FLSA) accomplish?

Answer 9

1.) Est. the Min Wage
2.) Est. rules for Overtime Pay
3.) requires accurate record keeping of hours worked and pay
4.) Set standards for how old you must be able to work (16)

Question 10

IF the federal and state minimum wages are different which does the employee receive?

Answer 10

Whichever is higher

Question 11

What is the definition of overtime according to the FLSA?

Answer 11

Any hours worked greater than 40 hours in a work week (7 consecutive days) must be paid at time and a half of hourly rate.

Question 12

What is the purpose of the Equal Pay Act of 1963?

Answer 12

To end the disparity between wages paid to males vs females.

Question 13

What is the purpose of OSHA?

Answer 13

The Occupational Safety and Health Act of 1970 was established to reduce workplace injuries and deaths.

Question 14

What does the OSHA stipulate?

Answer 14

OSHA requires every employer to “furnish to each of his employees a place of employment which is free from recognized hazards that are causing or are likely to cause, death or serious injury.

Question 15

What does FMLA stipulate?

Answer 15

The Family Medical Leave Act requires employers with 50 or more employees to provide 12 weeks per rolling 12 months of unpaid/job protected leave for medical issues, broth, or adoption of a child and medical care of a spouse, child or parent.

Question 16

Who is eligible for FMLA?

Answer 16

All Full time employees and part time employees with greater than 1250 hours in the past 12 months qualify for FMLA

Question 17

What is workers compensation?

Answer 17

It is a type of insurance designed to return employees to work quickly and safely after they have been injured on the job or their health has been compromised by their job.

Question 18

What are the three benefits of workers compensation?

Answer 18

1.) Money for lost wages
2.) Medical Cost reimbursement
3.) Death benefits for survivors

Question 19

What is the purpose of COBRA?

Answer 19

The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides temporary continuation of health coverage at group rates to former employees, retirees, spouses, former spouses, and dependent children.

Question 20

What are the three elements to qualify for COBRA?

Answer 20

1.) Criteria for plan coverage
2.) Qualified Beneficiaries
3.) Qualified Events

Question 21

What is the purpose of EMTALA?

Answer 21

The Emergency MEdical Treatment and Active Labor act of 1986 requires hospitals and ambulance service to provide care to anyone needing emergency health treatment regardless of citizenship, legal status, or ability to pay.

Question 22

What are the stipulations of EMTALA

Answer 22

1.) The patients needing emergency treatment can only be discharged with their own informed consent or when their condition requires transfer to a hospital that is better equipped to administer the treatment.
2.) EMTALA applies to all hospitals that accept Medicare payments.

Question 23

What is the goal of HIPAA

Answer 23

The goal of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is to create confidentiality systems within and outside of health care facilities and keep health information private

Question 24

What are the five components of HIPAA?

Answer 24

Title I- Allows employees to immediately qualify for health insurance when changing jobs

Title II- Grants authority to the US Dept of Health and Human Services to protect personal health information and set standards around electronic exchange of information

Title III- Provides guidelines for pre-tax medical spending accounts

Title IV- Provides guidelines for group health plans including modification for health coverage

Title V-Governs company owned life insurance policies

Question 25

What is the role of the compliance office?

Answer 25

The compliance office is responsible for investigating potential unethical situations.