Topic 2

Question 1

Affirmative Action

Answer 1

Affirmative action is any action taken by an employer to overcome discriminatory effects of past or current practices or policies that create barriers to equal employment opportunity.

Question 2

Age Discrimination

Answer 2

The denial of rights or privileges or other unfair treatment of someone (an applicant or employee) because of age.

Question 3

Age Discrimination in Employment Act of 1967 (ADEA)

Answer 3

A federal law that protects workers age 40 and older from employment discrimination based on their age.

Question 4

Americans with Disabilities Act of 1990 (ADA)

Answer 4

A federal law that prohibits discrimination on the basis of disability. The ADA ensures equal opportunity for individuals with disabilities in all aspects of employment as well as in other public services.

Question 5

BFOQ

Answer 5

Bona fide occupational qualifications are employment qualifications that employers are permitted to consider while making decisions about hiring and retaining employees. However, consideration of these qualities in any other contexts might be deemed discriminatory.

Question 6

Civil Rights Act of 1964

Answer 6

Comprehensive civil rights legislation, signed into law by President Lyndon B. Johnson, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.

Question 7

Civil Rights Act of 1991

Answer 7

This Act allows for compensatory and punitive damages for violations of Title VII.

Question 8

Disability

Answer 8

According to the Americans with Disabilities Act, a disability can include such things as a physical or mental impairment that substantially limits one or more major life activities; a record of such impairment; or being perceived as having such an impairment.

Question 9

Employment At-will

Answer 9

A common-law rule for employment contracts that presume an employer can generally hire, fire, or promote an employee for any reason at any time. In addition, employees can leave for any reason at any time.

Question 10

Equal Employment Opportunity Commission (EEOC)

Answer 10

A federal agency created by the Civil Rights Act of 1964, tasked with formal enforcement of employment discrimination law.

Question 11

Equal Pay Act of 1963 (EPA)

Answer 11

A federal law requiring that employers provide equal pay for men and women who do similar work in the same workplace.

Question 12

Essential Functions

Answer 12

The essential job duties of a position.

Question 13

Gender Discrimination

Answer 13

The unfavorable treatment of someone (an applicant or employee) on the basis of their sex.

Question 14

Gender Identity Discrimination

Answer 14

Discrimination against an individual because that person is transgender, lesbian, gay, bisexual, agender, nonbinary, or genderfluid.

Question 15

Genetic Information Nondiscrimination Act of 2008 (GINA)

Answer 15

A federal law that prohibits the use of genetic information in employment decisions and restricts employers from requesting, requiring, or purchasing genetic information.

Question 16

How Was the EEOC Created?

Answer 16

By the Civil Rights Act of 1964

Question 17

Implied Covenant-of-good-faith-and-fair-dealing Exception

Answer 17

An exception to the employment-at-will doctrine stating that each party in an employment relationship has made an implied promise to treat the other in good faith and fairness.

Question 18

Implied-contract Exception

Answer 18

An exception to the employment-at-will doctrine stating that a legally binding agreement is created between an employer and employee based on their actions, and not on a formal contract.

Question 19

Nation of Origin Employment Discrimination

Answer 19

When an employer commits nation of origin employment discrimination, it makes an unfair or harmful employment decision on the basis of where a person or their ancestors are from, or on the culture or people that a person associates with.

Question 20

Older Workers Benefit Protection Act of 1990 (OWBPA)

Answer 20

An amendment to the Age Discrimination in Employment Act (ADEA), the OWBPA is intended to safeguard older worker’s employee benefits from age discrimination.

Question 21

Precedents

Answer 21

A precedent is a controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases.

Question 22

Public-policy Exception

Answer 22

The public-policy exception is an exception to the employment-at-will doctrine. Under this exception, an employer can not terminate an employee for reasons that would violate public-policy interest or statute.

Question 23

ROI

Answer 23

ROI stands for “return on investment,” a performance measure of the benefit resulting from an investment of a resource.

Question 24

Race and Color

Answer 24

Race and color are protected categories under Title VII of the Civil Rights Act. They include ancestry, physical characteristics, race-associated illnesses, culture, perception of race, skin tone, and so on.

Question 25

Reasonable Accommodation

Answer 25

Any change to a job, the work environment, or the way things are customarily done that enables a person with a disability to enjoy equal employment opportunities.

Question 26

Rehabilitation Act of 1973

Answer 26

A federal law that makes it illegal to discriminate against a qualified person with a disability in the federal government. The Act also authorizes state grants for rehabilitation services to disabled persons.

Question 27

Religious Discrimination

Answer 27

Religious discrimination is the unfavorable or unfair treatment of a person on the basis of that person’s religious beliefs.

Question 28

Title VII

Answer 28

A part of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.

Question 29

Uniformed Services Employment and Re-Employment Rights Act (USERRA)

Answer 29

A federal law that protects military servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service.

Question 30

What Are the Main Benefits of a Diverse Workforce?

Answer 30

Creativity and innovation.

Question 31

What Are the Three Basic Elements of An Affirmative Action Plan?

Answer 31

1. Reasonable self-analysis 2. Reasonable rationale for taking affirmative action 3. Reasonable affirmative action

Question 32

What Are the Three Exceptions to “Employment At-will”?

Answer 32

1. Public policy exception 2. Implied contract exception 3. Implied convent of good faith exception

Question 33

What Are the Various Ways Implied Contracts Are Created?

Answer 33

1. Oral 2. Actions of employer 3. Handbooks 4. Procedures

Question 34

What Groups Are Protected Under Title VII?

Answer 34

Race, color, religion, sex, and national origin

Question 35

What Is “Employment At-will”?

Answer 35

Doctrine under which the employer may terminate an employee at any time, and the employee can leave a job at any time, and for any reason, without facing adverse legal consequences.

Question 36

What Is Affirmative Action?

Answer 36

A plan an employer must complete, per the government, due to past or current discriminatory practices, or because the company accepted federal money through a grant or contract (based on Executive Order 10925).

Question 37

What Is An Implied Contract?

Answer 37

Promise based on an employer’s words or actions.

Question 38

What Is National Origin Discrimination?

Answer 38

Discrimination involves treating people unfavorably because they are from a particular country or part of the world, because of affiliation with a particular country, or because they associate with those from another country or region.

Question 39

What Is Religious Discrimination?

Answer 39

Discrimination against anyone in the workplace because of their actual or assumed religious beliefs or activities.

Question 40

What Is Sexual Discrimination?

Answer 40

Discrimination against anyone in the workplace because of their sex.

Question 41

What Is Title VII?

Answer 41

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discrimintating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees including federal, state, and local governments.

Question 42

What Is a Main Consequence to Employees of the “Employment At-will” Doctrine?

Answer 42

Employees now have less financial security.

Question 43

What Is the Civil Rights Act of 1964?

Answer 43

Law that ended segregation in public places, and banned employment discrimination on the basis of race, color, religion, sex, or national origin.

Question 44

What Is the Difference Between Diversity and Inclusion?

Answer 44

Diversity is the differences between people (personality, education, race, build, etc.); inclusion is respect and valuing people in order to achieve a common goal.

Question 45

What Is the EEOC Responsible for Enforcing?

Answer 45

Federal anti-discrimination statutes

Question 46

What Protected Categories Are Covered Under Affirmative Action?

Answer 46

Women, African Americans, Asians, Pacific Islanders, American Indian/Alaska Native, disabled persons, and veterans