PHR-Legislation and Case Law-Chapter 4 (Workforce Planning and Employment) Flashcards
Established the Equal Employment Opportunity Commission (EEOC); prohibited employment discrimination on the basis of race, color, religion, national origin, sex
Title VII of the Civil Rights Act
1964
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
Executive Order (EO) 11246 1965
Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preferences for specialized skills
Immigration and Nationality Act (INA)
1965
Prohibited discrimination against persons 40 years of age or older; established conditions for bona fide occupational qualification (BFOQ) exceptions
Age Discrimination in Employment Act (ADEA)
1967
Added sex to the protected classes in EO 11246
EO 11375
1967
Included disabled individuals and those 40 years of age or older in the protected classes established by EO 11246
EO 11478
1969
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
Fair Credit Reporting Act (FCRA)
1970
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
Griggs v Duke Power
1971
Established that complainants have the burden of proof for disparate impact; provided litigation authority for the EEOC; extended the time to file complaints
Equal Employment Opportunity Act (EEOA)
1972
Expanded opportunities for individuals with physical or mental disabilities; provided remedies for victims of discrimination
Rehabilitation Act (RA) 1973
Prohibited federal agencies from sharing information collected about individuals
Privacy Act
1974
Provided equal opportunity and affirmative action for Vietnam veterans
Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)
1974
USSC: Required that employment tests be validated; subjective supervisor rankings aren’t sufficient validation; criteria must be tied to job requirements
Albermarle Paper v Moody
1975
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
Washington v Davis
1976
Established guidelines to ensure that selection procedures are both job related and valid predictors of job success
Uniform Guidelines on Employee Selection Procedures (UGESP)
1978
Required that pregnancy be treated the same as any other short-term disability
Pregnancy Discrimination Act (PDA)
1978
Created the National Women’s Business Enterprise Policy; required affirmative steps to promote and support women’s business enterprises
EO 12138
1979
Assisted employers to develop anti harassment policies; establish complaint procedures, and investigate complaints promptly and impartially
Guidelines on Sexual Harassment
1980
Prohibited employment of individuals who aren’t legally authorized to work in the United States; required I-9s for all employees
Immigration Reform and Control Act (IRCA)
1986
Required federal contractors to develop and implement drug-free workplace policies
Drug-Free Workplace Act
1988
Prohibited the use of lie-detector tests except under limited circumstances
Employee Polygraph Protection Act (EPPA)
1988
Required 60 days’ notice for mass layoffs or plant closings; defined mass layoffs and plant closings; identified exceptions to the requirements
Worker Adjustment and Retraining Notification Act (WARN)
1988
Required reasonable accommodations for qualified individuals with disabilities
Americans with Disabilities Act (ADA)
1990
Required the prevailing wage for holders of H1(b) visas; set H1(b) quotas
Immigration Act
1990
Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims
Civil Rights Act (CRA)
1991
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
Glass Ceiling Act
1991
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
Taxman v Board of Education in Piscataway
1993
Required all federal employment legislation passed by Congress to apply to congressional employees
Congressional Accountability Act (CAA)
1995
Reduced the number and types of acceptable documents used to prove identity and employment eligibility, and launched the E-Verify pilot programs
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
1996
Expanded coverage of protected classes in EO 11246 to include sexual orientation
EO 13087
1998
Added “status as a parent” to protected classes in EO 11246
EO 13152
2000
USSC: Arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce except for transportation workers
Circuit City Stores v Adams
2001
USSC: Established that ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race
Smith v City of Jackson, Mississippi
2005
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.
Bates v United Parcel Service
2006
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
Phason v Meridian Rail Corp.
2007
Prohibits employment discrimination on the basis of genetic information. Prohibits employers from requesting, requiring or purchasing genetic information, and describes exceptions
Genetic Information Nondisclosure Act (GINA)
2008
