U.S. Employment Laws and Regulations

Question 1

Civil Rights Act 1991

Answer 1

AllowAllows employees who win discrimination cases to collect punitive and compensatory damages. Allows for there to be a jury trial.

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Question 2

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 2

U.S. Act provides individuals and dependents who may lose healthcare coverage with the opportunity to pay to continue coverage. Administered through DOL. Must apply for COBRA within 60 days of the event.

Max coverage length (18-36months) depends on the type of qualifying event

Question 3

DOL

Answer 3

Department of Labor

Question 4

Burlington Industries INC Vs. Ellerth

Answer 4

Court ruling distinguishes between supervisor harassment that results in tangible employment action (such as discharge, no promotion, or demotion) and supervisor harassment that does not.

Question 5

Vicarious liability

Answer 5

a legal doctrine under which a party can be held liable for the wrongful actions of another party.

Ex: Employers are legally responsible for the discriminatory actions od their supervisors and managagers

Question 6

Ways to reduce liability for harassment claims

Answer 6

1. train employees and leadership on a regular basis
2. employee to report any incident of harassment
3. investigate promptly and thoroughly
4. implement corrective measures

Question 7

Disparate Treatment

Answer 7

Type of discrimination that occurs when an individual is treated differently because of his or her membership in a protected class.

Question 8

Disparate treatment characteristics

Answer 8

Direct discrimination
unequal treatment
intentional
prejudice actions
different standards

Question 9

Disparate impact characteristics

Answer 9

Indirect discrimination
unequal consequence or result
unintentional
Neutral actions
Same standards but different consequences

Question 10

Disparate impact

Answer 10

Results, when a policy appears to be neutral but has a discriminatory effect.

Question 11

Protected Class

Answer 11

Describes people who are covered under a particular federal, state, or local antidiscrimination law. Individuals are protected if they are in the membership class or are perceived to be a member.

Question 12

EEOC

Answer 12

Equal Employment Opportunity Commission

Question 13

Electronic Communications Privacy Act

Answer 13

U.S. Act that made it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose any of that information

Employers can’t monitor emails or while they are in a website but only when it has already been sent or visited

Question 14

Comparable worth

Answer 14

It deals with the pay differentials between men and women who work comparable-not equal- jobs. The equal pay act doesn’t consider this.

The concept is that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled by men should have the same classifications and salaries.

Question 15

Disability

Answer 15

Physical or mental impairment that substantially limits one’s major life activities.

Question 16

Major life activities

Answer 16

Walking, seeing, hearing, breathing, thinking, communicating, and operating of major bodily functions, caring for and dressing for themselves

Question 17

Drug-Free Workplace Act

Answer 17

U.S. law requires federal contractors with contracts of $100,000 or more, as well as recipients of grants from the federal government, to certify that they are maintaining a drug-free workplace.

A Policy and specified actions that will be taken with those who violate the policy

Question 18

Civila Rights Act of 1964

Answer 18

First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

Question 19

Employees

Answer 19

Individuals who exchange work for wages or salary;
workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

Question 20

Employees

Answer 20

Individuals who exchange work for wages or salary;
workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

Question 21

Characteristics of an Independent Contractor

Answer 21

Being able to set their own hours and determine the order of their work
Working on a project for an employer something that isn’t a continuous relationship
being paid for the job
Having profits and loses
Furninshing their own equipment
Being self-employed

Question 22

Equal Pay Act (EPA)

Answer 22

U.S. Act prohibits wage discrimination by requiring equal pay for equal work performed by men and women.

Question 23

Equal Pay Act (EPA)

Answer 23

U.S. Act prohibits wage discrimination by requiring equal pay for equal work performed by men and women.

Question 24

Defense of Marriage Act (DOMA)

Answer 24

U.S. Act that defined marriage as the union of one man and one woman and permitted states not to recognize same-sex marriages recognized by other states; ruled unconstitutional by the U.S. supreme courts

Question 25

Davis-Bacon Act

Answer 25

Applies to certain federal contractors and sunbcontractors with construction projects in excess of $2000. Requires contractors to pay laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on federal contracts. Also required the retention of record conataing data for all employees.