Recruitment & Discrimination

Question 1

The Drug Free Workplace Act (1998)

Answer 1

• Federal Contractors and organizations receiving grants from the Federal Government
• Office of Federal Contract Compliance Programs (OFCCP) in Dept. of Labor
• Whenever employee has a criminal drug violation in the workplace, employer must notify the contracting or granting agency within 10 days

Question 2

The Drug Free Workplace Act Recordkeeping Requirements

Answer 2

• Recordkeeping Requirements:
• Covered employers must publish a written policy statement and each covered employee must be given a copy. Statement must contain list of prohibited substances.
• Subject employers must also establish a drug-free awareness training program to make employees aware of:
• the dangers of drug abuse in the workplace
• the policy of maintaining a drug-free workplace
• any available drug counseling, rehab, and employee assistance programs
• the penalties that may be imposed on employees for drug abuse violations
• Records should be maintained showing each employee who received the training and the date it occurred

Question 3

The Drug Free Workplace Act Enforcement

Answer 3

• OFCCP (Office of Federal Contract Compliance Programs) under Dept. of Labor
• OFCCP requires proof of compliance
• Any employee who fails a drug test must be referred to a treatment program or given appropriate disciplinary action.
• Can be challenged under Title VII for unequal treatment based on of the Title VII protected groups.
• Failing to maintain drug-free workplace:
  
  • Suspension of payments for contract or grant activities
  • suspension or cancellation of grant or contract
  • up to 5 years prohibition for any further contracts or grants

Question 4

The Genetics Information Nondiscrimination Act (GINA) (2008)

Answer 4

Prohibits employers from using genetic information to make employment decisions.

Example: using someone medical history to determine if they would be a high cost for a company-sponsored health plan

Question 5

Guidelines on Discrimination Because of Sex (1980)

Answer 5

EEOC published guidelines to help employers understand what constituted unwanted behavior and harassment.
Pre-Supreme Court cases that determined and standardized acceptable actions in the workplace.

Question 6

The Lilly Ledbetter Fair Pay Act

Answer 6

Resets the clock on illegal act of discrimination to 180 days from last violation

Ex.) Lilly Ledbetter submitted claim for payments going back 20 years. SC shot it down. Obama passed law that said she could get all 20 years backpay for unequal pay since most recent violation was within 180 days.

Question 7

The Pregnancy Discrimination Act (1978)

Answer 7

Defined pregnancy as protected within the definition of “Sex” for purpose of coverage under the Civil Rights Act. Pregnancy as a temporary disability. Guarantees employee rights to return to work to the same or similar job with the same pay following a pregnancy disability.

Question 8

The Uniform Guidelines on Employee Selection Procedures (1978)

Answer 8

• Two types of illegal employment discrimination:
• adverse (appear neutral but have a discriminatory effect on a protected group)
• disparate impact (unintended consequences, seemingly neutral policies result in disproportionate impact on protected group)
• Requires that all steps in a hiring decision be validated for the job being filled.
• Validity accomplished through a validity study or by applying a job analysis to demonstrate the specific relationship between the selection device and the job requirements.

Question 9

The Age Discrimination in Employment Act (ADEA) (1967)

Answer 9

• Originally protected ages 40-70 from employment discrimination
• Amended so that there is no age limit (40 and older)
• Remedies to violations include reinstatement, back pay, front pay, and payment for benefits in arrears.
• Exceptions: commercial airline pilots cannot fly after age of 65

Question 10

The Older Workers Benefit Protection Act (OWBPA) (1990)

Answer 10

20+ Employees

• Cannot target older people during staff reduction programs based solely on their age.
• Prohibits employers from:
  
  • Using an employee’s age as the basis for discrimination in benefits
  • Targeting older workers during staff reductions or downsizing
  • Requiring older workers to waive their rights without the opportunity for review with their legal advisor

Question 11

Executive Order 11246: Affirmative Action (1965)

Answer 11

50+ Employees

• Federal Contractors & Subcontractors
• Established so that anyone contracting with the Fed Government would have to become Equal Opportunity Employers and employ those from protected groups (Minorities, Women, Veterans, Disabled)
• Outreach and recruiting are main parts of Affirmative Action so that contractors can find talent from protected groups to fill roles and achieve a more equal workplace

Question 12

The Family and Medical Leave Act (FMLA) (1993) Expanded 2008, 2010

Answer 12

50+ Employees

• Can take up to 12 weeks off, unpaid (unless company pays for it) to take care of seriously sick spouse, child, parent, or yourself.
• Guaranteed to come back at same job at same pay at same conditions.
• Does not need to be consecutive, as little as less than a day
• Must have 1 year of service
• Military leave - 26 weeks of unpaid LOA for employees with family members needing care due to a military duty-related injury or illness. 26 weeks renew every 12 months.
• Reservists and their family members can also take unpaid time off to prepare for an upcoming deployment
• Employers can agree to a non-listed event to quality as FMLA leave
• Poster requirement

Question 13

The Worker Adjustment and Retraining Notification Act (WARN) (1988)

Answer 13

100+ Employees

• Plant closing - shutting down a single site during any 30 day period for 50 or more employees, including part-time employees.
• Mass layoff - 100 - 499 employees, at least 33% will be let go. 500+ employees, at least 500 employees will be let go over 30 day period.
• Requires 60 days notice. Without notice, the employees are eligible for separation allowance if there is no notice.
• local community leaders must be informed
• Exemptions:
  
  • Project-based employees
  • Strikes or lockouts
  • layoff is less than 6 months
  • Fewer than 50 people from a single site
  • state and local governments are exempt from notice requirement when downsizing

Question 14

Companies with 100+ Employees must submit annual reports to the government summarizing their…

Answer 14

Summarizing their race and sex demographics