PHR-Legislation and Case Law-Chapter 4 (Workforce Planning and Employment)

Question 1

Established the Equal Employment Opportunity Commission (EEOC); prohibited employment discrimination on the basis of race, color, religion, national origin, sex

Answer 1

Title VII of the Civil Rights Act

1964

Question 2

Prohibited employment discrimination on the basis or race, creed, color, or national origin; required affirmative steps for all terms and conditions of employment; required a written Affirmative Action Plan (AAP) for contractors with 50 employees

Answer 2

Executive Order (EO) 11246
1965

Question 3

Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preferences for specialized skills

Answer 3

Immigration and Nationality Act (INA)

1965

Question 4

Prohibited discrimination against persons 40 years of age or older; established conditions for bona fide occupational qualification (BFOQ) exceptions

Answer 4

Age Discrimination in Employment Act (ADEA)

1967

Question 5

Added sex to the protected classes in EO 11246

Answer 5

EO 11375

1967

Question 6

Included disabled individuals and those 40 years of age or older in the protected classes established by EO 11246

Answer 6

EO 11478

1969

Question 7

Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action

Answer 7

Fair Credit Reporting Act (FCRA)

1970

Question 8

USSC: Required employers to show that job requirements are related to the job; established that lack of intention to discriminate isn’t a defense against claims of discrimination

Answer 8

Griggs v Duke Power

1971

Question 9

Established that complainants have the burden of proof for disparate impact; provided litigation authority for the EEOC; extended the time to file complaints

Answer 9

Equal Employment Opportunity Act (EEOA)

1972

Question 10

Expanded opportunities for individuals with physical or mental disabilities; provided remedies for victims of discrimination

Answer 10

Rehabilitation Act (RA)
1973

Question 11

Prohibited federal agencies from sharing information collected about individuals

Answer 11

Privacy Act

1974

Question 12

Provided equal opportunity and affirmative action for Vietnam veterans

Answer 12

Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)

1974

Question 13

USSC: Required that employment tests be validated; subjective supervisor rankings aren’t sufficient validation; criteria must be tied to job requirements

Answer 13

Albermarle Paper v Moody

1975

Question 14

USSC: Established that employment selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job

Answer 14

Washington v Davis

1976

Question 15

Established guidelines to ensure that selection procedures are both job related and valid predictors of job success

Answer 15

Uniform Guidelines on Employee Selection Procedures (UGESP)

1978

Question 16

Required that pregnancy be treated the same as any other short-term disability

Answer 16

Pregnancy Discrimination Act (PDA)

1978

Question 17

Created the National Women’s Business Enterprise Policy; required affirmative steps to promote and support women’s business enterprises

Answer 17

EO 12138

1979

Question 18

Assisted employers to develop anti harassment policies; establish complaint procedures, and investigate complaints promptly and impartially

Answer 18

Guidelines on Sexual Harassment

1980

Question 19

Prohibited employment of individuals who aren’t legally authorized to work in the United States; required I-9s for all employees

Answer 19

Immigration Reform and Control Act (IRCA)

1986

Question 20

Required federal contractors to develop and implement drug-free workplace policies

Answer 20

Drug-Free Workplace Act

1988

Question 21

Prohibited the use of lie-detector tests except under limited circumstances

Answer 21

Employee Polygraph Protection Act (EPPA)

1988

Question 22

Required 60 days’ notice for mass layoffs or plant closings; defined mass layoffs and plant closings; identified exceptions to the requirements

Answer 22

Worker Adjustment and Retraining Notification Act (WARN)

1988

Question 23

Required reasonable accommodations for qualified individuals with disabilities

Answer 23

Americans with Disabilities Act (ADA)

1990

Question 24

Required the prevailing wage for holders of H1(b) visas; set H1(b) quotas

Answer 24

Immigration Act

1990

Question 25

Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims

Answer 25

Civil Rights Act (CRA)

1991

Question 26

Established a commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the Office of Federal Contract Compliance Programs (OFCCP) conducts audits of the representation of women and minorities at all corporate levels

Answer 26

Glass Ceiling Act

1991

Question 27

Found that in the absence of past discrimination or underrepresentation of protected classes, preference may not be given to protected classes in making layoff decisions

Answer 27

Taxman v Board of Education in Piscataway

1993

Question 28

Required all federal employment legislation passed by Congress to apply to congressional employees

Answer 28

Congressional Accountability Act (CAA)

1995

Question 29

Reduced the number and types of acceptable documents used to prove identity and employment eligibility, and launched the E-Verify pilot programs

Answer 29

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
1996

Question 30

Expanded coverage of protected classes in EO 11246 to include sexual orientation

Answer 30

EO 13087

1998

Question 31

Added “status as a parent” to protected classes in EO 11246

Answer 31

EO 13152

2000

Question 32

USSC: Arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce except for transportation workers

Answer 32

Circuit City Stores v Adams

2001

Question 33

USSC: Established that ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race

Answer 33

Smith v City of Jackson, Mississippi

2005

Question 34

Established that when employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees don’t need to prove they were otherwise qualified to perform essential job functions. The employer must prove the standard is necessary to business operations.

Answer 34

Bates v United Parcel Service

2006

Question 35

Established that when an employer is close to closing a deal to sell a company, WARN Act notice requirements are triggered by the number of employees actually employed and the number laid off on the date of the layoff, even if the purchasing company hires some of the employees shortly after the layoff

Answer 35

Phason v Meridian Rail Corp.

2007

Question 36

Prohibits employment discrimination on the basis of genetic information. Prohibits employers from requesting, requiring or purchasing genetic information, and describes exceptions

Answer 36

Genetic Information Nondisclosure Act (GINA)

2008