Workplace Issues Flashcards
define discrimination
Denying (or treating differently) a person or group of people the rights or benefits due to all people based on characteristics of that person or group of people
define harassment
- a type of discrimination
- unwelcome conduct that is based on race, color, religion, sex (pregnancy), national origin, age, disability or genetic information
- sexual identity is not protected under federal (some states may)
What are factors that could lead to an isolated harassment event?
- lack of training
- lack of sensitivity
- not thinking clearly
harassment requirements
- when enduring the offensive conduct becomes a condition of continued employment
- when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive
define sexual harassment
- Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature
- can happen between any gender
What are the types of sexual harassment?
- Quid pro quo (this for that)
- Hostile environment
quid pro quo
- condition of employment is placed on the victim’s agreement to some type of sexual activity
- requires an exchange; does not have to involve physical touching
- power differential - hard to say no
hostile environment
- actions leading to an intimidating or hostile workplace that interferes with a person’s work
- can be verbal, physical, visual
- inappropriate touching, demeaning jokes, suggestive images
examples of discrimination protected by the Civil Rights Act of 1964
- Blatant: we don’t hire women
- Subtle: more common, less obvious, can be well intentioned -> pregnancy policies
protected classes under the Civil Rights Act of 1964
- race
- color
- religion
- national origin
- sex (NOT sexual orientation)
- added later: pregnancy, age, disability
other details on the Civil Rights Act of 1964
- cannot have “English only”
- have reasonable accommodations for religious practices
- FMLA
What is FMLA and who are required to provide it to their employees?
- Family and Medical Leave Act
- 12 weeks of unpaid leave
- Companies with 50 or more employees must have it
What are other federal employment laws?
- Age Discrimination in Employment Act
- Equal Pay Act
- Americans with Disabilities Act
Age Discrimination in Employment Act
- Prohibits age discrimination
- Unfavorable treatment of a person because of their age
- Applies to employees 40 years of age and older
- Prevents mandatory retirement policies based on age alone
- Applies to companies with 20 or more employees
Equal Pay Act
- Equal pay for equal work
- Pay and benefits cannot vary based on gender alone
- Applies to all companies regardless of size