Unit 5 Flashcards
Work relates injury requirement (2 parts)
- must a rise out of the employment
2. and happen in the course of the employment. 1407
An employee _______ Sue her employer for a violation of OSHA, However the _______ may seek injunctive relief.
cannot, secretary of labor 1409
Under the Family and Medical Leave Act (FMLA), employees are entitled to a total of 12 work weeks of leave during a 12 month period for one or more of the following reasons:
- the birth of a child and need to care for that child
- adoption of a child
- the need to care for a spouse, child, or parent with a serious health condition
- the employee’s on a serious health condition 1410
the 12 weeks under FMLA are usually ______ pay.
without 1410
A new provision to the FMLA allows 12 weeks of leave for the following exigency:
The employees spouse, son, daughter, or parent is on active military duty or has been notified of an impending call to duty status 1410
FICA revenues finance (4)
- survivors benefits
- social Security
- disability benefits
- medical and hospitalization benefits for the elderly through Medicare. 1410
_________ was a response to abuse of pension plans by employers such as arbitrate termination of participation in the plan, arbitrate benefit reduction, and miss management of the fun assets.
The Employee Retirement Income Security Act (ERISA) 1411
ERISA imposes ______ on pension fund managers. ERISA also imposes 3 other requirements:
Fiduciary duties
- record-keeping
- reporting
- disclosure
The Fair Labor Standards Act (FLSA) regulates ____ and _____ by entitling employees to the following (2)
hours, wages
- a specified minimum wage who is amount changes over time
- a time-and-a half rate for work exiting 40 hours per week 1411
The _______ prohibits oppressive child labor by any employer engaged in interstate commerce and forbids the interstate shipment of goods produced in establishment where oppressive child labor occurs.
FLSA also
1411
“yellow dog contracts” of which are outlawed now were…..
Contracts under which employees agreed not to join or remain a union member 1411
The ________ also called ______, gave employees the right to organize by enabling them to form, join, and assist labor organizations.
National Labor Relations Act of 1935, Wagner Act. 1412
The _______ also called the ________,declared that certain acts by unions are unfair labor practices to include refusing to bargain collectively with an employer, conducting a secondary strike for a specified a illegal purpose, and forcing employer to pay for working and actually performed.
Labor Management Relations Act, Taft-Hartley Act 1412
The _______ which forbids sex discrimination regarding pay was an amendment to the FLSA minimum wage provisions and unlike the FLSA, also covered: (3)
Equal Pay Act (EPA),
- executives
- administrative employees
- professional employees 1412
_____________ is a wide ranging employment discrimination provision that prohibits discrimination based on race, color, religion, sex, and national origin in hiring, firing, job assignments, pay, access to training in apprenticeship programs, and most other employment decisions
Title VII of the 1964 Civil Rights Act 1413
Title VII covers all employers employing _____ or more Chloe’s and engaging in an industry affecting interstate commerce.
fifteen 1413
Private parties with a Title VII claim have ____ automatic right to sue. Instead, they first was file a charge with the _________, or with a state agency is states having suitable fair employment laws and enforcement schemes.
no, Equal Employment Opportunity Commission 1413
When an employee files a Title VII charge with a state agency that is party to a work sharing agreement, the charge is considered “_______” at the EEOC (and vice versa).
Dual filed 1413
until the employee receives a _________ from the EEOC or state agency for her Title VII claim, a court ______ adjudicate the claim. One she receives is, she has _____ to file the law suit in court.
“Right-to-sue letter”, cannot, 90 days; 1414
Title VII incorporates 2 primary theories of discrimination:
- disparate treatment
2. disparate impact 1414
________ claims involve allegations that employer treated and employee differently because of the employees protected status such as race, color, religion, sex, or national origin.
Disparate treatment 1414
_________ claims involve allegations that employers policies or practices that are seemingly neutral with regard to race, color, religion, sex, or national origin have a disproportionate negative impact on members of one of those groups.
Disparate impact 1414
Example: A height requirement that disproportionately screens out more woman then men.
The ________ under Title VII allows an employer to limit the plaintiffs recovery in a mixed-motives disparate treatment claim, if the employer proves that it would have taken the same action in the absence of the unlawful motivating factor.
Same-decisions defense 1418
Under the _______ , Title VII is not violated if the employer treats employees differently pursuant to a bona fide seniority system.
seniority defense 1418
Under the __________ an employer escaped Title VII liability if it acts pursuant to a bona fide merit system, a system basing earnings on quantity or quality of production, or the results of a professionally developed ability test.
various “merit” defense 1418
Under the _________, Title VII allows employers to discriminate on the basis of sex, religion, or national origin where one of those traits is a qualifications that is reasonably necessary to the business in question.
Bona fide occupational qualification (BFOQ) defense 1418
Under Title VII, Sex discrimination ______ forbid discrimination on the basis of homosexuality or transsexuality
does NOT 1421
While it does not appear in Title VII, courts have long held that sexual harassment is a form of _______ treatment.
Disparate 1422
This Supreme Court has held that employer is automatically ____________ for a supervisors sexually harassing behavior when that harassment involves or ends in a ______ job detriment for the victim. This is often known as ________ sexual harassment.
vicariously liable, tangible, quid pro quo 1422
Ellerth/Faragher affirmative action defense (2 parts):
- The employer exercised reasonable care to prevent and correct promptly and sexually harassing behavior, and
- the plaintive unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or otherwise to avoid harm. 1422
if the employer can successfully use the Ellerth/Faragher affirmative action defense, they will not be held ________.
Vicariously liable 1423.
A ____________ is sourced from a post-Civil War civil rights statute that protects people of certain racially characterize national origins such as blacks and Mexicans. This is usually added in conjunction with a _______ because unlike ______, there are no limits on __________ and _______ damages.
Section 1981, Title VII, Title VII, compensatory and punitive; 1425
The Age Discrimination in Employment Act (ADEA) prohibits age-based employment discrimination against employees who are at least ________
40 years of age 1426
The Americans with Disabilities Act (ADA) protects both individuals who can perform the essential job functions other job despite their disability and individuals who can perform the essential job functions of their job if ______________.
reasonable accommodation is provided 1427
Does the ADA protect those who suffered discrimination for currently engaging in illegal use of drugs?
NO 1428
the Genetic Information Nondiscrimination Act (GINA) deals with (3)….
- Provisions for heal insurance providers
- prohibits employment discrimination on the basis of individuals genetic information
- prohibits employers from requesting, collecting, or purchasing genetic information. 1432
under the Uniformed Services Employment and Reemployment Rights act (USERRA), prior service members are protected from discrimination based on their military service and Rights of reemployment to their job before they served for up to _______ provided there is an honorable discharge and they provided a notice of leave.
5 years 1433
Can employers use polygraphs on their employees?
generally NO under the Employee Polygraph Protection Act, however there exceptions to include government jobs. 1435
Under the employment at will doctrine, the terminating party can terminate for (3)
good cause, bad cause, or no cause. 1437
under the employment at will doctrine, contracts of indefinite employment ______ be terminated.
can 1439
List the Three exceptions to the employment at will doctrine:
- public-policy exception (the state must have a clear and substantial public policy related to the plaintiffs actions that caused their termination)
- implied covenant of good faith and fair dealing (usually when the termination was effected to deny the employee certain entitled benefits such as a bonus.)
- Promises by employers (when an employer makes a promise verbally or in writing regarding the termination policy or it is implied through previous practice) 1440
The National Environmental Policy Act (NEPA) require that an ________ be prepared for every recommendation or report on legislation and for every major federal action significantly affecting the quality of the environment.
Environmental impact statement 1449
Companies whose emissions are cleaner than required by law can sell the right to emit more sulfur dioxide, known as _____, two other companies that may be finding it more difficult to meet the standards.
allowances 1450
The _________ provides the basis for the present approach to air pollution control.
Clean Air Act 1449
The clean air act requires that’s new stationary sources such as factories and power plants install ____________ for reducing air.
Best available technology 1450
Factories are other facilities that plan to make modifications that will increase emissions must go through a __________ and permitting requirements applicable. They will have to install the best available technology at that time.
Preconstruction review 1451
The primary responsibility for enforcing air quality standards lies with the _____, but the ___________ has the right to enforce the standards where the ______ failed to do so.
states, federal government, states 1453
Under the ____________, the ______ have the primary responsibility for preventing, reducing, and eliminating water pollution, however the EPA has the power to move-in if the _____ do not fulfill the responsibilities.
Clean Water Act, states, states 1458
______ must be obtained from the state agency or the EPA before waste water can be discharged into a body of water.
discharge permits 1458
When a property owner is not able to get a permit to fill a wetland and is effectively deprived of being able to make any economically viable use of his property, the landowner may be able to pursue a claim for _______ and receive compensation from the government for the _________ of the interest that was taken.
Regulatory taking, fair market value 1462
A property owners ability to seek compensation from the government for not being able to fill a wetland they own is because of a clause in the ________ that forbids the government ___________ unless it pays the owner
5th Amendment, to take private property 1462
_______________ provides the federal government and the states with the authority to regulate facilities that generate, treats, store, and dispose of hazardous waste.
Resource Conservation and Recovery Act (RCRA) 1465
most of the waste defined as hazardous are subject to a _________ tracking system and must be handled and disposed of in to defined ways.
“Cradle-to-the-grave” 1465
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the __________ to deal with the problem of uncontrolled or abandoned hazardous waste sites.
Superfund Law 1469
A subsequent purchaser of land ______ be held liable for the EPA’s efforts in cleaning up a property that had been contaminated by the acts the previous owner.
can 1469
The ___________ is a major statute regulating chemical use focused on toxic substances such as asbestos and PCBs, and on the new chemical compounds that are developed each year. Some 62,000 existing chemicals and user were grandfathered in.
Toxic Substances Control Act 1472
The __________ created a soon to be phased in regulatory scheme by which companies are required to demonstrate that a chemical is safe _____ is it produced and distributed in Europe and Canada. The chemical industry in the _______ strongly opposed this policy.
European Union, before, U.S, 1473
Anyone who discharges industrial wastewater containing pollutants from a point source into a river must obtain a ________________ from the state where the discharge takes place or from the EPA.
National Pollution Discharge Elimination System (NPDES) permit 1458
anyone who discharges wastewater, other that just domestic sewage, to a publicly owned treatment works (POTW) must obtain an ___________ from the ____________ where the discharge is being sent or from the state.
industrial discharge permit, local sewage treatment plant 1458
