Quiz Questions Flashcards
The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination of individuals ages _
40 and older
Name two employment circumstances in which ADEA applies
hiring
promotion
discharge
compensation
There are multiple provisions under the ADEA, some of which include but are not limited to prohibition of age discrimination and protection for covered workers, prohibition of mandatory retirement, and mandates on waivers on ADEA rights. However, there are some exceptions used by
employers as a defense when a neutral policy or practice has a disparate impact on older workers.
What is the full name of this exception called?
Reasonable Factors Other than Age
ADEA allows for narrow exceptions that allow employers to set age limits for specific jobs when age is determined to be a necessary and legitimate qualification for a job. In these situations, age limits are called
bona fide occupational qualifications
The Americans with Disability Act of 1990 protects a qualified individual with a disability from
discrimination because of their disability. Employers cannot discriminate against qualified individuals
with disabilities in multiple employment situations. The definition of disability under the ADA
includes three factors two of which define a person with a disability as someone who: - has a physical or mental impairment that substantially limits one or more major life activities
-is regarded by other as having such an impairment as in the case of a person having scars from a severe burn
What is the third factor?
the person has history or record of such an impairment
A disabled person’s ability to perform a job must be judged only in relation to the essential functions
of the job in question. Employers in deciding whether a disabled person can perform the essential
functions of the job, must focus on what needs to be accomplished and not on how tasks are to be
accomplished. Employers then need to determine whether the person can perform the job duties
unaided or if they require an _________________ that is reasonable and does not cause undue
hardship
Accommodation
What could be an example of a reasonable accommodation for a visually impaired employee who
performs most of their essential functions of the job on a computer? Provide one example.
use voice recognition software
screen with large print
Employers are required to _ accommodate religion, unless doing so would impose undue _
reasonably, hardship
Title VII defines religion to encompass…
A) Some aspects of religious observance, practice, and belief
B) All aspects of religious observance and belief
C) All aspects of religious observance, practice, and belief
D) Some aspects of religious observance and practice
C) All aspects of religious observance, practice, and belief
T/F Employers should in general question the sincerity of an employee’s stated religious beliefs and
practices
False
Many companies have implemented flexibility in their time off policies such as by offering _ to better accommodate employees when they need to take time off for not only religious but
other personal reasons. These types of policies help prevent conflict
personal days
PTO
flexible days
Plaintiffs must establish a prima facie case of failure to reasonably accommodate religion by showing
that a religious belief or practice conflicts with an employment requirement, the employee or
applicant suffered an adverse employment outcome because of adhering to the religious belief or
practice and __________.
A) The employer knew or should have known the employee’s religious requirements but did nothing
B) The employee was denied displaying all personalized memorabilia or symbols of any kind including
religious in their workspaces.
C) The employee informed the employer of the conflicting belief or practice
D) The employee rejected reasonable accommodations made by the employer because they were not
their preference
C) The employee informed the employer of the conflicting belief or practice
The Occupational Safety and Health Act, passed in 1970, requires employers to provide working
conditions that are _ _ _likely to cause _ _ _.
free of hazards, serious injury or death
Who is covered under the OSH Act?
All private businesses
There are a number of ways to reduce hazards, though some are more effective than others. Name
the least effective way and most effective way to reduce hazards.
least : personal protective equipment
most: elimination of hazard
What is the time frame in which employers have to report a fatal injury that occurred in the
workplace?
8 hours
he Occupational Safety and Health Administration (OSHA) has the authority to create safety
_. Separate _ exist for different industries which are on but are not limited to,
substances, equipment, work processes, environmental conditions and safety practices.
standards
Employers are entitled to accompany compliance officers during workplace inspections; however,
the employers are prohibited from _ or _ with the compliance officers during
the inspections.
intimidating or interfering
The abatement period is
The amount of time the employer has to correct a violation
_ along with industry mainly determine the workers’ compensation insurance
rates charged to the company.
experience ratings
Employees who are hurt on the job receive benefits that are fixed by law. These benefits include
income replacement (if the employee is unable to work), medical costs and rehabilitation services.
The amount of income that is replaced tends to be:
partial income replacement at 66%
hat is exclusive remedy regarding workers’ compensation?
It limits employees ability to sue and accept the determined remedies when they file workers’ compensation claims
Workers’ compensation cases related to injuries and illnesses are reviewed in two ways. What are
they?
In the course of employment and arising out of employment
Three types of leave are categorized under FMLA. Which one is the most difficult to administer?
intermittent leave
T/F: An employer can obtain second or third opinions in certifying a medical leave.
True
Employees are entitled to be returned to the _ or _ position after the leave has
concluded
same or equivalent
Under the Family Medical Leave Act, a serious health condition constitutes illness, injury, impairment
or a _ or _ condition that involves inpatient care or continuing treatment by a health
care provider.
physical or mental
The National Labor Relations Act protects the rights of workers to assemble as a collective body to
join or form unions, pick their representatives, and negotiate for better pay and conditions without
being punished by the employer.
To what employment sector does the NLRA apply?
What is the name of the regulatory body?
private
national labor relations board
One way to describe the negotiation of union contracts with employers is
collective bargaining
Efforts made by employees to join together for mutual aid or protection is _ activity. Union and non-union employees alike are protected under this type of activity.
concerted
When an employer or labor organization interferes with, restrains, or coerces employees in the
exercise of their rights under the NLRA, this is called an
unfair labor practice
Under the federal WARN Act, covered employers have at least 100 full time employees in entities
that are either for profit, non-profit and quasi-public separately organized from government.
Covered events include:
Permanent or temporary shutdowns or mass layoffs that result in loss of employment for a
minimum of 50 employees within a 30-day period at a single site within an organization.
What is considered a reduction in force?
When an employer due to business reasons needs to eliminate one or more jobs in a company
What group of employees is generally most impacted by reductions in force?
age 40 or older
Some union contracts mandate that employers have a legal obligation to _ with the union prior to taking any RIF actions
bargain in good faith
Name one do and one don’t for employer when they are selecting employees to downsize in a RIF.
DO: develop clear objective criteria
DON’T: use code words suggesting bias against older workers
