WGU - C233 - Employment Law (September 2017)

How should ADEA waivers be written? - To the level that below-average individuals can clearly understand the agreement taking place. - In a manner calculated to be understood by the individual, or by the average individual eligible to participate in a workforce reduction plan - In a manner that can be upheld within the courts of law - To the level of understanding that any corporate lawyer could clearly understand

In a manner calculated to be understood by the individual, or by the average individual eligible to participate in a workforce reduction plan

Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n):

Integrated Enterprise

Operations of two or more employers are considered so intertwined that they can be considered a single employer for purposes of both federal statutory coverage and liability. This is known as a(n): - Conglomerate - Free standing business - Publicly traded company - Integrated enterprise

Integrated enterprise

Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n): - Integrated enterprise - Publicly traded company - Conglomerate - Free standing business

Integrated enterprise

The Department of Labor and the _______________ jointly supervise COBRA compliance. - Department of Workforce Services - Human services agency - OSHA - Internal Revenue Service

Internal Revenue Service

E-Verify

Internet based government system used to determine an employee's work eligibility.

Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604

Age and seniority are "analytically distinct" from each other in the ADEA context. Therefore, a company's decision to terminate an employee because his pension was about to "vest" did not violate the ADEA.

False entries in a performance appraisal could

Make an employer responsible for a claim by another employer for negligent referral.

Under the Employment-At-Will Doctrine, _______________.

An employer may terminate an employee at any time, for any legal reason, without incurring liability

Tangible Job Action

An employment outcome arising out of sexual harassment.

Which of the following is not a qualification to fall under federal employment law statutes?

An entity is not engaged in an industry-affecting commerce

Which of the following is not a qualification to fall under federal employment law statutes? - An entity maintains a hiring hall which procures employees for at least one covered employer - An entity's membership exceeds a certain number - An entity represents the employees of an employer - An entity is not engaged in an industry-affecting commerce

An entity is not engaged in an industry-affecting commerce

Which of the following is not a qualification to fall under federal employment law statutes? - An entity's membership exceeds a certain number - An entity maintains a hiring hall which procures employees for at least one covered employer - An entity is not engaged in an industry-affecting commerce - An entity represents the employees of an employer

An entity is not engaged in an industry-affecting commerce

Consumer Reporting Agency

An entity which collects and provides information about persons for use in credit evaluation and, for our purposes, employment evaluation.

Which of the following is not a way to escape WARN notice requirements? - The firm experiences a severe and unforeseen loss of capital - Business is slowly deteriorating and will eventually go completely under unless layoffs occur - The plant shutdown or layoffs are due to a natural disaster - When the company is faltering and giving notice would prevent obtaining capital to continue operations

Business is slowly deteriorating and will eventually go completely under unless layoffs occur

Esterquest v. Booz, Allen & Hamilton

Case involving disparate treatment discrimination arising out of performance appraisals actually involves a lack of appraisals.

When an employer's facially neutral procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________.

Disparate impact

When an employer's facially neutral procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class, they are said to have __________________. - Intentional racism - Disparate treatment - Disparate impact - Adverse treatment

Disparate impact

______________ discrimination is directed at an individual, _____________ discrimination is directed at a class of persons. - Adverse impact : disparate impact - Adverse treatment : disparate treatment - Disparate impact : disparate treatment - Disparate treatment : disparate impact

Disparate treatment : disparate impact

Which of the following is not a reason a RIF plan would be seen as discriminatory? - Used as an opportunity to eliminate older workers - Eliminates one or more positions as part of a strategic business plan - The selection of which employees will be terminated is based on subjective criteria - The RIF is initiated as a pretext to avoid ADEA concerns

Eliminates one or more positions as part of a strategic business plan

Employers can defend themselves by proving that 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. What is this tactic called? - The Harris/Burns defense - Ellerth/Faragher affirmative defense - The unbreakable defense - The burden of proof defense

Ellerth/Faragher affirmative defense

Steps in the Union Organization Process

Employee Dissatisfaction: Union contacts employees or employees contact union(s). Initial Organization Meeting: Initial meeting with union to gather employee support. Signatures: Must have 30% of employee signatures to move forward with unionization process. Secret Ballot Election or Card Check Method: Once 30% of signatures are gathered, a secret ballot election is administered by the NLRB (if the company does not accept the card check method). Voting and Contract: If the vote is "yes" (51% majority), the NLRB certifies the union as the legal bargaining representative of the employees.

The Society of Human Resource Management (SHRM) reports the most common religion-related complaint at work is: - Religious discrimination - Employees proselytizing - Over use of religious imagery - Religious inequality

Employees proselytizing

Exempted Employee

Employees who are fully or partially free from FLSA provision. Typically white collar, high degree of responsibility, long hours, high pay.

In plant closures, which of the following is not considered an "affected employee" under WARN? - Terminated employees - Employees with a 25% reduction in working hours - Employees having layoffs longer than six months - Employees with a 50% reduction in working hours

Employees with a 25% reduction in working hours

Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the: - Employee - Employer - Co-workers of the employee - Courts

Employer

Occupational Safety and Health Act (OSHA)

Enacted in 1970, it governs safety in all businesses and created the Department of Labor and the Occupational Safety and Health Administration.

Fair Credit Reporting Act (FCRA)

Enacted in 1970, it regulates reporting agencies' collection, correction, dissemination, and use of consumer credit information.

Privacy Act of 1974

Enacted in 1973, it governs the release of private information about public employees to federal agencies.

Employee Retirement Income Security Act (ERISA)

Enacted in 1974, it protects worker benefits and encourages employer management of retirement funds.

Federal Whistleblower Statute

Enacted in 1982, it protects contractor employees from employment discrimination or retaliation for reporting company violations of the law.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Enacted in 1986, it allows an employee to extend company health care benefits for up to 18 months after they leave a job. Exiting employee must exercise coverage rights within sixty days of separation.

Health Insurance Portability and Accountability Act (HIPAA)

Enacted in 1986, it establishes standards in the health industry for gathering, processing, retaining, and disclosing private health information. Amendment to ERISA.

Employee Polygraph Protection Act

Enacted in 1988, it prevents employers from using polygraph tests for recruiting or retention purposes.

Unlike the "business necessity test" in Title VII cases, when an employer makes a reasonable business decision impacting older workers, the employer is __________ to search for, or employ, another less-discriminatory practice for achieving the legitimate business purpose. - Obligated - Not required - Neither required or not required - Required

Not required

The level of reasonable accommodation has been characterized by the courts as "de minimus," meaning - As much as possible - Unnoticeable amount - The less the better - Not very much

Not very much

An employer, before advertising a job and beginning the process of external hiring or internal promotion, should create a job description which details the ______ and _______ functions of the job position. - Marginal and economical - Marginal and tertiary - Essential and nominal - Essential and marginal

Essential and marginal

From 2007 to February 2013, the number of businesses using E-Verify: - Has grown by 18 times - Stayed relatively the same - Dropped with the use of other programs - Tripled

Has grown by 18 times The E-Verify program has grown from 24,000 employers registered in 2007 to than more than 432,000 as of February 2013, 18 times more.

During an economic strike, replaced workers do not

Have the right to return to work but do have the right to be placed upon a recall list, informed of job vacancies, and rehired at a substantially equivalent position, *if one becomes available*.

A young Native American man working at a fast food chain has been asked to tuck in his long hair to adhere to dress code standards. The young man refuses to cover his hair because of religious reasons. The young man is terminated from the position. Which of the following is correct? - He has a case against the fast food company for religious discrimination - He has no case against the fast food company because he would not adhere to the dress standards - He has a case against the fast food company because hair cannot be considered a dress standard - None of these answers are correct

He has no case against the fast food company because he would not adhere to the dress standards

The prima facie case for gender plus discrimination based, for example, on family composition, would require a complaining worker to show:

He or she has small children Is qualified for the job Suffers an adverse employment action Similarly situated workers of the same gender, without small children, are treated more favorably

When an employee desires to take FMLA leave, the employee has a burden to provide: - Information on whether he/she will continue to work after his/her leave - Health care provider certification of a serious health condition - Information on whether the leave will be continuous or intermittent - A plan of action for return

Health care provider certification of a serious health condition

Which of the following is not a purpose or function of the law? - Facilitate for private arrangements between individuals - Settle private and public disputes - Prevent desirable, or promote undesirable, behavior - Determine procedures for changing the law

Prevent desirable, or promote undesirable, behavior

Which of the following is not a purpose or function of the law? - Prevent desirable, or promote undesirable, behavior - Settle private and public disputes - Determine procedures for changing the law - Facilitate for private arrangements between individuals

Prevent desirable, or promote undesirable, behavior

A covered employer must modify or adjust a job application process, work environment, job duties, or conditions or physical facilities to enable an otherwise qualified disabled employee to perform the essential function of a job. This is known as: - Job specification - Disability discrimination - Reasonable accommodation - Social equality

Reasonable accommodation

Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability. - Disqualifiers - Reasonable accommodation - Discrimination protection - Discriminatory measures

Reasonable accommodation

The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship. - Reasonable accommodations - Increased pay - Illegal drug screening - Employee handbooks

Reasonable accommodations

Which of the following is not a basic requirement of an AA plan? - Reasonable self-analysis - Reasonable amount of time before taking action - Reasonable action - Reasonable rationale for taking corrective action

Reasonable amount of time before taking action

Which of the following statements is true based on this scenario? An employer asked managers to identify the least productive employees without providing any guidance about how to do so. As a result, older workers were disproportionately rated as least productive. - Employers do not have to list distinct reasons for firing an individual based on productivity. If a person is deemed as being less productive, he/she can be fired at will. - The employer has the right to fire less-productive employees at will, even if it has a negative impact on older workers - The design and administration of the practice was not reasonable because it decreased the likelihood that the employer's stated goal would be achieved and increased the likelihood that older workers would be disadvantaged. - The design and administration of the practice was reasonable because it increased the likelihood that the employer's stated goal would be achieved and decreased the likelihood that older workers would be disadvantaged.

The design and administration of the practice was not reasonable because it decreased the likelihood that the employer's stated goal would be achieved and increased the likelihood that older workers would be disadvantaged.

Which of the following is not a prima facie case for retaliation? - The employee engages in a protected activity - The employee suffers some adverse employment action - There is a nexus - causal link - between the adverse employment action and the employee's protected activity. - The employee does not suffer from an adverse employment action

The employee does not suffer from an adverse employment action

If a worker uses drugs or alcohol at work

The employee is said to have abandoned the job.

Prima facie discrimination elements for gender discrimination:

The employee is the protected class. The employee is qualified for the position. The employee suffers some adverse employment action. A person of opposite gender received favorable employment action or the employer continues to look for applicants for the position.

Which of the following is not a claim in a prima facie case for a hostile work environment? - Unwelcome conduct towards the victim occurred - The employer does not know the actions are unwelcome - The conduct is sufficiently severe or pervasive to create an abusive working environment - The objectionable conduct is based upon gender

The employer does not know the actions are unwelcome

In Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. Boca Raton, 524 U.S. 775 (1998), the Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that: - The employer did not have the resources to solve the issue - The employee in question is not favored among employees and was not taken seriously - The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement - The employee's claim did not seem urgent enough to warrant further investigation

The employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement

A telemarketing firm is forced to terminate an employee because no one can understand him on the phone. Which of the following is true? - The employer has broken guidelines set by the EEOC - The employer may be sued because employment decisions cannot be made because of a person's accent - The employer can be charged for discrimination under Title VII - The employer has not violated Title VII

The employer has not violated Title VII

Once an employer becomes aware of a work-religion conflict, and the employee asks for an accommodation, the employer must determine first: - if it is worth the cost to accommodate the person - if terminating the employee would be an easier option - if the employee is worth the extra effort - if the conflict is indeed a religious one

if the conflict is indeed a religious one

Suppose two people apply for the same position, and one is 42 and other 52. What action can the employer take? - The employer in this situation can only make a decision based on age and experience. No other factors can be considered - The employer can just not consider both candidates to avoid an age discrimination claim - Employers can lawfully disqualify either applicant based on age - The employer may not lawfully turn down either on the basis of age, but must make the decision on the basis of some other factor

The employer may not lawfully turn down either on the basis of age, but must make the decision on the basis of some other factor

When a supervisor, within the scope of his or her employment, engages in sexual harassment: - The employee and claimant must solve the problem outside of the employer's intervention - The employer must answer for the bad behavior - The claimant employee is responsible for holding them accountable - The employee performing the sexual harassment is the only one accountable

The employer must answer for the bad behavior

To whom falls the burden to determine if an employer referral was truthful or not? - The former employer - The current employer - An employee - None of the above

The former employer

What is a judicial review? - The ability of the Supreme Court to overrule every other court - When a business is investigated by the Supreme Court - When a decision cannot be made in district court, it moves to Supreme Court - The power of the Supreme Court to consider whether a law comports with the Constitution

The power of the Supreme Court to consider whether a law comports with the Constitution

What is a judicial review? - The power of the Supreme Court to consider whether a law comports with the Constitution - When a decision cannot be made in district court, it moves to Supreme Court - When a business is investigated by the Supreme Court - The ability of the Supreme Court to overrule every other court

The power of the Supreme Court to consider whether a law comports with the Constitution

Vesting

The process by which an employee accrues non-forfeitable rights over employer-provided pension plan contribution.

In an adverse impact claim where the employer offers a legitmate reason for the adverse employment action and the burden shifts back to the plaintiff, which of the following does not support the plaintiff's case? - The stated reason is not true - The reason is important to the business but not the specific employee - The reason was a factor, but not sufficient to justify the job action - The stated reason is true, but was not a "motivating factor"

The reason is important to the business but not the specific employee

Which of the following was not one of the defenses employers could use to withhold relief from injured workers? - Assumption of the risk - The fellow servant rule - The reasonable person rule - Contributory negligence

The reasonable person rule

If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a - economic sustainability - public policy exception - retaliatory discharge - implied covenant

retaliatory discharge

What is disparate treatment under Title VII? - Unequal treatment of employees based on employee performance - The intentional adverse or unequal treatment of an individual based upon a protected class characteristic. - Accidentally making a person feel uncomfortable because of his/her race, color, religion, sex or national origin. - The unintentional adverse or unequal treatment of an individual based upon a protected class characteristic.

The unintentional adverse or unequal treatment of an individual based upon a protected class characteristic.

Exceptions to USERRA

The veteran fails to return to work within a specified time following military service. Subsequent circumstances have made it "impossible or unreasonable". The prior employment was brief and carried no expectation of reemployment. Additional new training of the employee would place an undue hardship on the employer.

Which of the following is not an exception to the rule for rehiring veteran employees? - The veteran fails to return to work within a specified time following military service - The prior employment was brief and carried no expectation of reemployment - Subsequent circumstances have made it "impossible or unreasonable" - The veteran has sustained a physical disability during his/her tour of duty

The veteran has sustained a physical disability during his/her tour of duty

Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? - The common law agency test - The economic realities test - The IRS 20-factor analysis - The working description test

The working description test

If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a - retaliatory discharge - public policy exception - implied covenant - economic sustainability

retaliatory discharge

Why did the Civil rights act of 1964 add the word sex just before signing it into law? - There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII - The general public already believed men and women are equal, so there was not much of a need to add sex to the act - Women protested against the idea of being seen as a protected class - Many people in congress did not want women to gain power

There existed a strong anti-women animus among unions and supporters of the legislation who did not want women included in the protections offered by Title VII

TRUE or FALSE: An employer may discriminate in employment on qualifications.

True

TRUE or FALSE: Employees are entitled to any earned commissions, sick pay, seniority, pension, or health benefits accrued in the 180 days prior to a plant closing.

True

TRUE or FALSE: Employers are required to accommodate religious diversity, but have no corresponding duty under Title VII to accommodate cultural or nation of origin work conflicts.

True

What is the purpose of the Older Worker Benefit Protection Act? - To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections - To protect older workers from being discriminated against in the employment decision process - To protect the spouses of older employees from losing benefits once the employee has passed on - None of the above

To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections

Employers are often hesitant to provide detailed references about former employees due to the risk of: - Title VII violations - Tort liability - Discrimination - Perjury

Tort liability

When addressing cases of race-based harassment, the EEOC looks at the: - Third-person point of view - Totality of the circumstances - Perspective of the employee - The evidence provided by the employer

Totality of the circumstances

TRUE or FALSE: If the accommodation would be highly disruptive to the workplace, as in the case of a significant shift of duties to another employee or a diminution of service or performance by other workers, there may be a claim of undue hardship.

True

TRUE or FALSE: If the disabled person's condition constitutes a direct threat to the safety of others at work, he or she is considered not qualified for the job.

True

TRUE or FALSE: Section 508 of the Rehabilitation Act requires federal information and technology platforms to be accessible to people with disabilities, including employees and the public.

True

TRUE or FALSE: The Rehabilitation Act of 1973 expanded previous federal responsibilities for research and training programs with respect to disabled persons.

True

Which of the following options is not considered to be a disability? - Cancer - Transvestitism - Diabetes - HIV

Transvestitism

TRUE or FALSE: The benefits received for worker's compensation are separate from any other medical benefits the worker may receive.

True

TRUE or FALSE: The effect of the Affordable Care Act on COBRA could save the U.S. employers billions of dollars in expenses that they now pay for exiting workers' extended coverage.

True

TRUE or FALSE: There is no precise method for determining underutilization.

True

TRUE or FALSE: Under FMLA, an employer may require the employee to see a company-paid physician to make an additional assessment if it has concerns about the validity of a health certification provided.

True

TRUE or FALSE: While Title VII also applies to federal government contractors, AA provides for sanctions and enforcement by way of administrative action - which Title VII does not do.

True

TRUE or FALSE: Without having to file lawsuits, the federal government may suspend or cancel contracts with contractors that are not in compliance with (AA) or debar them from bidding on future government contracts.

True

TRUE or FALSE: Title VII provides for race and color protections for all races: Whites, Blacks, Asians, Latinos, Arabs, American Indians and Alaska Natives, Native Hawaiians and Pacific Islanders, and mixed-race persons.

True

TRUE or FALSE: Employers must provide reasonable accommodation for an employee who seeks to display icons or religious messages at work stations, engage in regular discussions of religious beliefs, pray at work stations, overtly read scripture, hand out literature to co-workers, or use religious phrases in greeting others.

True

TRUE or FALSE: Generally, partners, directors, and major shareholders are not employees.

True

TRUE or FALSE: If two people apply for the same position, and one is 42 and other 52, the employer may not lawfully turn down either on the basis of age, but must make such a decision on the basis of some other factor.

True

TRUE or FALSE: In the McDonnell Douglas, Corp. v. Green case, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established.

True

TRUE or FALSE: In unlawful age discrimination claims, the employer's consideration of the harmful impact of an employment practice and its efforts to mitigate it will be relevant to a successful defense of the rule or policy.

True

TRUE or FALSE: The Montana Wrongful Discharge from Employment Act limits employee damages for wrongful termination to four years of compensation.

True

TRUE or FALSE: The majority of workers say Muslims face more religious discrimination in the workplace than any other group.

True

TRUE or FALSE: The so-called ADEA waiver prevents a retiree from personally suing under the ADEA, but does not prevent him or her from making an age discrimination claim with the EEOC.

True

______ is an absolute defense against defamation claims. - Poor employee reviews - A character witness - Truth - Under performance

Truth From the text, "Truth is an absolute defense to defamation claims, but the burden is on the former employer to affirmatively prove that the statement or information was truthful."

COBRA applies to firms with ___________ or more employees. - Thirty - Fifty - One hundred - Twenty

Twenty

The ADEA applies to public and private employers and unions with more than _______ employees. - Fifteen - Twenty - Thirty - Fifty

Twenty

To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that ____________ employees of the opposite gender are: 1) working in the same place; 2) doing equal work - sufficient commonality of tasks and responsibilities; and 3) receiving different and unequal pay. - Two - One or more - Three or more - One

Two

The INA protects

U.S. citizens, as well as aliens authorized to accept employment in the U.S., from discrimination in hiring or discharge on the basis of national origin and citizenship status.

Most federal civil service positions require ____________ for public policy reasons. - English only rules - U.S. citizenship - A green card - Bi-lingual employees

U.S. citizenship

Which of the following is not part of the documentation needed for an alien to work in the United States? - Permanent resident card - Border crossing identification card - U.S. employment identification card - Valid passport

U.S. employment identification card

I-9 compliance is regulated by

USCIS

Which of the following is not required in establishing a claim of age discrimination under the ADEA? - Was adequately performing the essential job functions - Is over 40 years of age or older - Was made to feel old because the majority of employees are younger - Was qualified for the employment position

Was made to feel old because the majority of employees are younger

In general employment terms, what is a reduction in force (RIF)? - When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs - When a firm tightens previously tight hiring standards - When the EEOC lightens discrimination standards - When a firm eliminates one misbehaving employee

When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs

Disparate Impact Discrimination (Adverse Impact)

When a plaintiff claims not that the employer intentionally discriminated, but rather the employer's procedures, policies, or practices have the effect of creating an unnecessary obstacle to employment opportunity for a protected class.

What is reverse discrimination? - Over treating a minority group in a working situation until its members feel uncomfortable - When a workplace seems to be in perfect harmony with little to no discrimination complaints - Opening doors for all types of people instead of limiting or excluding certain protected classes - When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another

When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another

What is negligent retention? - When an employer refuses to terminate or remove under-qualified Caucasian males to and replace them with more-qualified minorities - Keeping an employee out of friendship even though he/she is under-qualified and under-performing essential job functions - When an employer does not completely divulge the correct amount of tax information to the IRS because of the use of illegal immigrants - When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm

When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm

Pattern and Practice

When an employer's policies have the effect of discrimination for no legitimate business necessity.

Mixed motive

When there are many factors that come into play in a discrimination case.

Best practices indicate that a large private employer should adopt a: - voluntary affirmative action plan - alternative action plan - political affiliation plan - go green initiative plan

voluntary affirmative action plan

A religious exemption may be applied to all positions within a religious organization: - if every employee agrees to it - whether or not the position is ecclesiastical - if it does not affect minority groups - All of the above

whether or not the position is ecclesiastical

How to establish prima facie in an age discrimination claim under ADEA

an employee must show that he or she: 1) is over 40 years of age and older; 2) was qualified for the employment position; 3) was adequately performing the essential job functions; and 4) was treated less favorably than another younger employee. For the last element, it is important to note that the favored younger employee may be 40 years of age and older. The key is that the favored employee must be substantially younger than the complaining employee, not that the favored employee is outside the protected class.

The EEOC will look at ____ in national origin dscrimination harassment cases:

1. Whether the behavior was threatening or intimidating 2. How often the conduct occurred 3. What circumstances surrounded the complained-of actions 4. Whether or not management knew or should have known about the harassment and how it responded

EEOC rules that determine whether an employment practice is a RFOA:

1. Whether the employer has clearly defined the business purpose of the factor 2. Whether the factor itself is clear and applied fairly 3. The extent to which managers and supervisors are trained to apply the factor without engaging in discrimination 4. The extent to which supervisor discretion is limited or based on subjective judgments 5. The extent to which older employees are impacted by the practice 6. The degree of harm to individuals within the protected age group

How many days after the actual employee start date does the employer have to submit an employee query to E-Verify? - 3 - 7 - 5 - 14

3

Under Immigration Reform and Control Act of 1986 (IRCA), how many days does an employer have to complete an employee's I-9 federal paperwork? - 0 - 2 - 3 - 1

3

How many states recognize the public policy exception? - 22 - 37 - 28 - 44

44

The Rehabilitation Act of 1973 requires that contractors, including subcontractors, with _______ or more employees and contracts valued at ________ or more must take "affirmative action to employ qualified individuals with disabilities. - 50 : $50,000 - 10 : $10,000 - 15 : $15,000 - 50 : $10,000

50 : $50,000

The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees? - 75+ - 5+ - 50+ - 25+

50+

The four-fifths rule provides that a screening device - test or other hiring criteria - will be discriminatory if the selection rate of a protected class is less than ____ percent of the majority. - 10 - 50 - 100 - 80

80

illegal Bargaining Subject

A bargaining subject that cannot legally be implemented into a collective bargaining agreement.

Negligent Hiring

A claim in which the employer knew or should have known about an employee's history of violence or untrustworthiness.

Negligent Retention

A claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.

Union Shop

A collective bargaining clause that allows for the condition that all employees must join the union once hired.

Common Law Criminal Conspiracy

A combination of two or more individuals planning to accomplish an unlawful purpose.

Summary Plan Document (SPD)

A document issues from an employer to an employer that contains information about an employee's benefits. The employer provides this information to an employee within ninety days of the beginning of coverage.

Conglomerate

A highly diversified firm that has multiple businesses with no relationships.

Federal Anti-Trust Law

A law that prevents anti-competitive behavior within local commerce.

Federal Injunction

A legal remedy which allows a court to order individuals to refrain from acts which will do "irreparable harm."

Supervisor

A managing employee who has power to take tangible employment actions against an employee.

Continual Training

A mandate that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job.

After a conditional offer of employment is made and as a condition of employment...

A medical test is permissible when it is designed to determine if an employee is physically and mentally able to perform the job.

Medical Testing

A method of testing for an employer to discover information about its employee's impairments or health.

Polygraph Testing

A method of testing for an employer to measure an employee's heart, respiratory, and skin reactions while he or she is asked a series of questions in order to determine if he or she is lying.

Drug Testing

A method of testing for an employer to prevent the use of drugs among its employees.

Adverse Job Action

A negative job action that results from an employee's lawful actions.

Alien

A person who lacks citizenship or status as a national of the U.S.

Voluntary Affirmative Action Plan

A plan put into place by an employer whose self-analysis reveals effects of past discriminatory action.

Placement Goal

A reasonably attainable objective to achieve equal employment opportunity.

Reinstatement

A remedy in which a former employee returns to his or her job.

Mandatory Bargaining Subject

A required bargaining subject that involves wages, benefits, hours, and layoff procedures.

Workforce Analysis

A review of jobs, ranked by title and compensation.

Reasonable Self-Analysis

A review of what the contractor's workforce looks like

Reasonable Rationale

A sensible justification for an affirmative action.

Law

A set of rules for human behavior which are established by legitimate authority and which have a binding force.

ADEA Waivers

A statement from a retiring employee that he or she will not make a personal ADEA claim against the employer in exchange for retirement incentives.

The Uniformed Services Employment and Re-Employment Rights Act (USERRA) applies to employers with how many employees? - All employers regardless of size - 20 - 10 - 50

All employers regardless of size

USERRA applies to

All employers regardless of size.

Examples of facially neutral polices and protected classes that may be impacted might include: - Height and weight restrictions - gender/national origin - Language requirements - national origin - Physical strength tests - gender - All of the Above

All of the Above

When plaintiffs allege adverse impact discrimination, they must show: - They are a member of a particular protected class - They applied for the job - The job was available - All of the above

All of the above

Which of the following could be considered severe or pervasive enough to create a hostile work environment? - Excessive profanity - Offensive touching - Disseminating pornography - All of the above

All of the above

Federal Anti-Injuctive Act

Also known as the Norris-LaGuardia Act.

John F. Kennedy made the proposition to Congress that race had no place in: - Politics - American life or law - The workplace - The constitution

American life or law

The employer's duty to bargain in good faith includes

An affirmative obligation to supply the union with information that is "relevant and necessary" for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice. In other words, the employer is not free to hide from the union critical information that may affect the negotiation process.

Covered Employment Agency

An agency that regularly procures employees for at least one covered employer; subject to employment law regulation.

Consent Decree

An agreement between two parties to resolve a dispute.

Implied Contract

An agreement created through the actions of the employer and employee rather than through negotiation and documentation. Employee handbooks may be argued to create this.

Intentional Interference with a contract

An employee's claim that a third party pressures an employee without cause.

Intentional Inflection of Emotional Distress

An employee's claim that an employer terminated an employee in an intentionally reckless or outrageous manner that caused serious emotional and psychological damage.

Reasonable factor other than age (FROA)

An employer defense to a disparate impact claim that age was not a factor in an employment action.

Under the Employment-At-Will Doctrine, _______________. - Only federal employers can hire and fire employees at their own will - If an employee desires to quit, he or she needs to have a legally viable reason to want to depart from the organization - An employer can hire whomever it wants for whatever reason it wants - An employer may terminate an employee at any time, for any legal reason, without incurring liability

An employer may terminate an employee at any time, for any legal reason, without incurring liability

Covered Employer

An employer that is engaged in a commerce industry and employs 15 or more employees.

Which of the following is an example of gender plus discrimination? - An employer treats an employee different because he is a a man - An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work - An employer treats an employee differently because she is a woman - An employer treats a member of their team differently because he/she is overweight

An employer treats an employee different because he/she has young children at home, assuming he/she will have less time to devote to work

Abuse of Discretion

An employer's failure to consider important and relevant facts; acting in an arbitrary or capricious manner.

Lock Out

An employer's temporary work stoppage initiated during a labor dispute.

Fiduciaries

An entity that acts as a guardian or caretaker who must act with a high level of skill, due care, and prudence (i.e., that is, persons or entities which manage benefits funds).

Affirmative Action quotas

Are prohibited.

For workers, worker's compensation provides the exclusive remedy for illnesses and injuries which: - Arise as an effect of getting older - Arise from personal negligence during work - Arise out of and in the course of employment - Arise in the course of everyday life

Arise out of and in the course of employment

The most common employer defense to ADEA disparate treatment claims is: - The treatment by supervisors was unknown to the rest of the company - An EEOC special exception - Ignorance to the established laws - Bona fide occupational qualification

Bona fide occupational qualification

Representation and decertification elections are decided

By a majority vote.

The majority of United States citizens identify themselves as _________ . - Christian - Buddhist - Muslim - Atheist - Other

Christian

Taft-Hartley Act

Common name for the Labor Management Relations Act of 1947

Landrum-Griffin Act

Common name for the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).

Step 6 in Making a Reasonable Accommodation:

Continuous evaluation and assessment of the accommodation

A business is a(n) _____________ employment agency if it regularly procures employees for at least one covered employer. - Covered - Unobligated - Obligated - Uncovered

Covered

Which industries are common offenders of the False Claims Act (FCA)?

Defense contractors and the healthcare industry

Retaliation

Doing something bad to someone who has hurt you or treated you badly; to get revent against someone.

Favorable actions to an employee cannot be seen as retaliation.

False: if an employee is given a more favorable assignment, this may also be viewed as retaliation.

Sexual Orientation

Inclination of an individual with respect to heterosexual, homosexual, and bisexual behavior.

When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as: - Constructive discharge - Voiding a contract - Statute of frauds - Intentional interference with a contract

Intentional interference with a contract

An unfair labor practice occurs when the union:

Interferes with any employee's rights under the NLRA Aids an employer in discriminating or interfering with union activities Pickets unlawfully Charges excessive dues and initiation fees to union members Causes the employer to pay for work not performed Refuses to bargain in good faith

Under the NLRA, an employer has engaged in an unfair labor practice when it:

Interferes with employees as they engage in concerted activity Dominates or assists a labor union Discriminates against any worker because of union activity Punishes a worker for filing charges with the NLRB Fails to bargain collectively in good faith with the union

Truth

Is an absolute defense against defamation claims.

Over the past two decades, _________ immigration has been on the rise and _________ immigration has declined. - Christian : Islam - Islam : Christian - Hindu : Islam - Christian : Hindu

Islam : Christian

Compliance Requirement - OSHA

Mandates that all employers comply with all safety and health requirements issued by the Department of Labor.

Animus

Mind set or intention.

When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm, this is known as: - Defamation - Negligent retention - Workplace endangerment - Negligent management

Negligent retention

Facilitator

Neutral third party

A Wildcat Strike is

Not authorized by a union.

Employer

One who employs the services of others in exchange for wages.

To establish an ADEA claim, the burden of proof falls squarely on the ___________ to show that "but for" age discrimination the negative job action would not have occurred. - Offender - Defendant - Perpetrator - Plaintiff

Plaintiff

What is not a purpose or function of the law?

Prevent desirable, or promote undesirable, behavior

Discovery

Procedures for gathering facts prior to the time of trial in order to eliminate the element of surprise in litigation.

Two kinds of sexual harassment where sexual motive is involved:

Quid pro quo sexual harassment and hostile environment sexual harassment.

What is the most common discrimination claim made to the EEOC? - Race discrimination - Age discrimination - Gender discrimination - Disability discrimination

Race discrimination

Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted. - Harassment lawyer - Employer - Reasonable person - Human resources professional

Reasonable person

General Duty Clause

Requires employer to provide their employees with a safe and hazard-free place of employment.

Post-hire medical exams are

Restricted in scope to job-related issues and business necessity.

Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as:

Scope of employment

Independent Contractor

Self-employed individual who works for multiple customers and clients on a project or fee basis.

Reasonable Action

Sensible action taken to remedy an injustice or imbalance.

Color

Skin pigmentation especially other than white; characteristic of race.

Which of the following laws have the least amount of power under the Supremacy Clause?

State laws

An employer provides all the employee's benefit information to the employee in a document called the: - Summary of company benefits - Benefits summary plan - Employee benefits schedule - Summary plan document

Summary plan document

The Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a(n) ___________ employment action such as a termination or demotion. - Tangible - Negative - Actual - Unreasonable

Tangible

Which entity administers the provisions of the NLRA?

The National Labor Relations Board.

Stare decisis

The doctrine of a court following the precedent of an earlier court decision.

Which of the following is not a step in determining what accommodations are required for a job? - The employee determines which accommodation is reasonable and effective - The employee asks for an accommodation - The employer and employee engage in a joint determination regarding barriers to performance - A listing of possible accommodations is examined

The employee determines which accommodation is reasonable and effective

If an employer takes an action based on the discriminatory practices of clients or customers ____________: - The employer cannot be held accountable - The employer is not discriminating if it is unaware of the discriminatory nature - The employer is also discriminating - The employer is not discriminating

The employer is also discriminating

In Title VII disparate impact discrimination claims, the plaintiff charges that: - The employer treats him/her equally to other employees, but does not make him/her feel comfortable in the working environment - The employer has clearly defined racial motives for discrimination - The employer intentionally discriminated against the employee - The employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class.

The employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class.

The calculation of whether a task is essential to a job is relative to: - The firm and the job - The company mission statement and EEOC compliance - The state laws and industry involved - The Federal laws and company size

The firm and the job

Public employees are protected by the Fourth Amendment against unreasonable search and seizure by the government. The Supreme Court has held that a drug test is a governmental search. Therefore, in order to drug test federal employees

The governmental agent must have a reasonable suspicion that an employee is engaged in illegal drug use.

National Institute for Occupational Health and Safety

The research arm of OSHA

Which is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor?

The working description test

WARN affected employee(s)

Those who suffer termination, layoffs longer than six months, or a 50 percent reduction in work hours.

TRUE or FALSE: Employees proselytizing to customers can be a cause of undue hardship.

True

TRUE or FALSE: It is generally bad policy to ban all private religious communication at work.

True

TRUE or FALSE: It was permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion.

True

TRUE or FALSE: Religion is more than what a person believes but also what he or she "does."

True

TRUE or FALSE: The Civil Rights Act of 1991 amended Title VII to include compensatory and punitive damages, but placed a cap on damage amounts.

True

TRUE or FALSE: The Lilly Ledbetter Fair Pay Act also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers.

True

TRUE or FALSE: Title VII does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indians over others for jobs.

True

TRUE or FALSE: While an employer may not discriminate against undocumented workers in the conditions of employment, a worker's illegal status is a legitimate reason to terminate employment.

True

TRUE or FALSE: When first passed in 1964, Title VII did not define religion.

True. Originally, Title VII did not define religion, but in 1972 Congress amended Title VII and made a definition for religion.

Performance appraisals must be

Truthful

Oral Contract

Verbal agreement (e.g., offer and acceptance).

The concept of ___ was codified in the ___.

Whistleblowing, False Claims Act

Civil Law

laws that deal with the rights of people rather than with crimes.

Immigration Reform and Control Act

prohibits employment discrimination on the basis of citizenship in firms with four or more employees.

Section 806 of the 2002 Sarbanes-Oxley Act extended whistleblowing protection to any employee, or agent, of a/an: - publicly-traded company - internal government agency - non-profit organization - privately-traded company

publicly-traded company

Performance appraisals are

the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statutes.

Affirmative Action applies

to ~ 20% of the workforce.

On June 19, 1963, President John F. Kennedy sent comprehensive civil rights legislation to Congress, asking it to: - "Rewrite all legislation to include all minorities." - "Make changes that can appease minority groups and stop the equal rights revolution." - "Make changes so that the majority of the general public would be happier." - "Make a commitment it has not fully made in this century to the proposition that race has no place in American life or law."

"Make a commitment it has not fully made in this century to the proposition that race has no place in American life or law."

Executive Order 11246 requires that any federal contract for services with a value over __________ must include the standard nondiscrimination clause. - $15,000 - $10,000 - $50,000 - $5,000

$10,000

The risks to employers from sexual harassment claims is great, as plaintiffs may claim up to _____________ in compensatory damages, ask for punitive damages, and request jury trials. - $500,000 - $300,000 - $150,000 - $50,000

$300,000

OFCCP regulations require that for contracts over $________, the contractor must prepare a written AA plan within 120 days of the contract start date. - $50,000 - $75,000 - $10,000 - $100,000

$50,000

The Rehabilitation Act of 1973

(Section 501s and 505) prohibit discrimination against qualified individuals with disabilities who work in the federal government

Race and color discrimination encompass:

1) Ancestry—racial or ethnic background 2) Physical characteristics—such as a person's color, hair, facial features, height, and weight 3) Race-associated illnesses—for example, diabetes, obesity, and sickle-cell anemia affect some races more than others 4) Culture—dress, grooming practices, accent, or manner of speech 5) Perception—a belief that a person is a member of a particular racial group 6) Association—a person's association with someone of a particular race (e.g., spouse, relatives, friends/associates of a certain race)

Courts will find a RIF plan discriminatory if downsizing is:

1) used as an opportunity to eliminate older workers; 2) based upon subjective criteria; or 3) employed as a pretext to avoid ADEA concerns.

Liability for Race-Based Harassment

1. The conduct must be unwelcome; and 2. The conduct must be sufficiently severe or pervasive to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim's position.

Severity and Pervasiveness of Unwelcome Conduct

1. The frequency of the action 2. The severity of the unwelcome conduct 3. The physical or threatening nature of the harassment 4. The impact on the victim's performance

The WARN requires employers with ________ employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees. - 50+ - 25+ - 75+ - 100+

100+

Title VII covers employers who have "__________ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person." - 5 - 15 - 10 - 20

15

A workforce reduction plan must contain language recommending consultation with an attorney and has to include both ____-day consideration and ___-day rescission periods. - 21: 60 - 21 : 7 - 60: 7 - 60 : 120

21 : 7

A 2008 FMLA amendment allows for a ___________-week period of leave for qualifying family members of veterans seriously injured in the line of duty. - 26 - 15 - 23 - 21

26

Under the IRCA, it is illegal to hire or retain undocumented workers if you employ how many workers? - 20+ - 1+ - 4+ - 10+

4+

The Age Discrimination in Employment Act of 1967 protects individuals who are over what age? - 40 - 45 - 55 - 50

40

The Age Discrimination in Employment Act protects workers that are ____ and older. - 40 - 50 - 45 - 65

40

An exiting employee must exercise his/her COBRA rights within how many days? - 30 - 50 - 90 - 60

60

The four-fifths rule provides that a screening device - test or other hiring criteria - will be discriminatory if the selection rate of a protected class is less than ____ percent of the majority.

80%

Under ERISA, how many days from the beginning of benefits coverage does an employer have to provide a summary document plan to the employee? - 90 - 60 - 120 - 30

90

Integrated Enterprise

A business environment in which operations of two or more employers are intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.

The ACLU is

A civil rights watchdog organization

Negligent Referral

A claim in which an employer has provided an untrue reference which omits information about an employee's dangerous and criminal behavior.

What is defamation in the context of an employment referral?

A communicated false statement which harms the reputation of the former employee

What is defamation in the context of an employment referral? - Providing untrue reference information which omits information about a former employee's dangerous and/or criminal behavior - Forcing a person to quit by ridiculing him/her based on race, color, or national origin - A communicated true statement that harms the reputation of a former employee - A communicated false statement which harms the reputation of the former employee

A communicated false statement which harms the reputation of the former employee

What is a precedent?

A controlling rule, example, or guide

What is a precedent? - A group or person exempt from the laws - A reason a law is made - An exception to the rule - A controlling rule, example, or guide

A controlling rule, example, or guide

Injunctive Relief

A court order that prohibits a defendant from certain actions.

Judicial Affirmative Action

A court-ordered affirmative action plan.

Major Life Activity

A daily activity that an average person can perform with little or no difficulty.

Impasse

A deadlock reached by two bargaining parties whereby an issues cannot be resolved.

Same actor defense

A defense used by the same employer who hires and then fires an over-39 employee to show that age was not a motivating factor in termination.

Remedies

A desired action resulting from a successful lawsuit.

Statute of Frauds

A doctrine that requires certain contracts to be in writing.

Limited Liability Partnership

A form of general partnership that provides an individual partner protection against personal liability for certain partnership obligations.

Complaint

A formal allegation against a party.

Secondary Boycott

A group's refusal to deal with a business that is not directly involved in the dispute.

How has the Supreme Court defined a supervisor? - The ability to exercise significant direction over another's daily work - A managing employee who has power to take tangible employment actions against the victim - Any person the employee directly reports to - Anyone within a higher ranking position and receiving greater compensation

A managing employee who has power to take tangible employment actions against the victim

Independent Living Movement

A movement of people with disabilities working toward self-motivation, self-respect, mainstreaming in society, and equal opportunity.

Which of the following is not an element of a prima facie case for gender discrimination? - The employee is the protected class - The employee is qualified for the position - A person of the same gender received favorable employment action or the employer continues to look for applicants for the position. - The employee suffers some adverse employment action

A person of the same gender received favorable employment action or the employer continues to look for applicants for the position.

What was President Nixon's Philadelphia Plan? - A plan to ensure all protected classes had equal opportunities for advanced or higher education - A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices - A plan to first attempt to create workplace equality starting only in the city of Philadelphia - A plan that gave contractors guidelines to establish workplace equality, but didn't require specific goals or timetables

A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices

Mediation

A procedure for resolving collective bargaining impasses by a mediator (third party) with no formal authority who acts as a facilitator and go-between in the negotiations.

Plant Closing

A single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.

Pre-adverse Action

A statement issued to an applicant from an employer that discloses negative information found and information about his or her rights. This disclosure allows the applicant the opportunity to correct any false information contained in the CRA report. If an employment opportunity is ultimately denied on the basis of the consumer report, the employer must again provide the applicant with a report of that action and information about his or her rights under the FCRA.

Unfair Labor Practices Strike

A stoppage of work in order to pressure management to follow the law.

What is a screening device? - A tool used to terminate ineffective current employees - A test or set of hiring criteria - A tool used to assist new employees - All of the above

A test or set of hiring criteria

Job Group Analysis

A tool that groups jobs within an organization by responsibilities and potential and then analyzes characteristics of each employee in the job group.

Defined Contribution Pension Plan

A type of pension plan in which an employer sets aside a certain amount each year for the employee, to be distributed upon retirement.

Defined Benefit Pension Plan

A type of pension plan that provides a fixed amount payment upon retirement.

Steering assignments

A type of race discrimination in which an employer hires a minority and assigns him or her to a less desirable position.

Placement in False Light

A type of tort in which an employer publishes statements about an employee that are untrue and hurt the employee's reputation.

Hot Cargo Agreements

A voluntary agreement in which a neutral employer agrees to cease doing business with another employer who deals directly with the firm in question.

Strike

A work stoppage by mass refusal of employees to work. The main leverage which unions used in the past.

Economic Strike

A work stoppage that is based upon a union's frustration that management will not meet its demands for improvements in wages, hours, and benefits.

The prima facie case elements, which the NLRB must establish to show a worker suffered employer discrimination for concerted activity are as follows:

A worker engaged in concerted activity The employer was aware of the concerted activity The employer demonstrated hostility to the concerted activity That hostility led to a denial of an employment benefit to the worker. Additionally, and very importantly, the NLRA authorizes union election oversight by the NLRB.

Mass Layoff

A workforce reduction at a single employment site during a 30-day period that is not caused by a plant closing.

What is a "mass layoff"? - A workforce reduction at a single employment site during a 20-day period which is not caused by a plant closing. It involves workforce reductions of at least 25 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 100 employees. - A workforce reduction at a single employment site during a 60-day period which is not caused by a plant closing. It involves workforce reductions of at least 100 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 1000 employees. - A workforce reduction at a single employment site during a 20-day period which is not caused by a plant closing. It involves workforce reductions of at least 100 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 300 employees. - A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.

A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.

Contrary to some misconceptions, reasonable accommodation under the ADA does not require: A. an employer to lower job standards B. an employer to create realistic essential job functions C. physical and mental accommodations D. A and B

A. an employer to lower job standards

Employment policies made it difficult for older workers to retain employment and find new employment after termination. In response, Congress passed the: - EBRI - NRLA - ALAPA - ADEA

ADEA

In exchange for offering retirement incentives, employers require an assurance from the retiring employee that he or she will not make a personal claim against the employer under the ADEA, through so-called: - OWBPA waivers - Rights waivers - ADEA waivers - Yellow dog contracts

ADEA waivers

Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid ________ discrimination and establishing unnecessarily strict English fluency or English-only rules in the workplace. - Grooming habit - Cultural - Culinary choice - Accent

Accent

What does it mean to engage in an abuse of discretion? - Withhold someone's rights for financial gain - Act in an arbitrary and capricious manner - Relay information that is privately held - The act of blackmail

Act in an arbitrary and capricious manner

Age Discrimination in Employment Act (ADEA)

Act prohibiting arbitrary age discrimination and specifically protecting individuals over 40 years of age. Applies to public and private employers and unions with more than 15 employees.

Unfair Labor Practice (ULP)

Action by an employer or a union that restrains or coerces employees from exercising their rights to organize and bargain collectively or to refrain from doing so.

The employer must show how the ___________ will create an undue hardship and may not merely speculate on the issue. - Lowered employee moral - Actual costs of accommodating - Accommodation will change company culture, which - None of the above

Actual costs of accommodating

Reasonable Accommodation

Adjustment of requirements of positions to accommodate qualified persons with disabilities.

An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions. - Racist - Demoting - Adverse discriminatory - Unfair

Adverse discriminatory

President Kennedy in 1961 introduced the term ___________ for the concept of redressing the effects of persistent discriminatory employment practices in spite of civil rights laws and constitutional guarantees. - Racial discrimination - Affirmative Action - Employment prejudice - Racial Inequalities

Affirmative Action

What is Judicial Affirmative Action? - Affirmative action applied to federal contractors - Affirmative action applied to government offices - Affirmative action set in place to ensure the judicial system has enough ethnic diversity - Affirmative action applied to private parties in discrimination lawsuits

Affirmative action applied to private parties in discrimination lawsuits

This rise in older workers remaining in the workplace longer carries with it a concomitant rise in ______________claims. - Overpayment - Age discrimination - Healthcare - Gender discrimination

Age discrimination

The most common employer defense to an ADEA disparate treatment claim is

Age is a BFOQ

The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence. - Age stereotypes - BFOQ's - Gender stereotypes - Race stereotypes

Age stereotypes

Occupational Safety and Health Administration

Agency charged with establishing and enforcing workplace safety standards.

Title VII prohibits gender discrimination in:

All aspects of the employment process, from hiring, promotion, transfer, and training, to leave, pay, seniority, and benefits.

Courts will find a RIF plan discriminatory if: - Downsizing is used as an opportunity to eliminate older workers - The selection of which employees will be terminated is based on subjective criteria - The RIF is initiated as pretext to avoid ADEA concerns - All of the above

All of the above

Due diligence in an employer's background check could include: - Credit history - Education or experience - Driving record - All of the above

All of the above

Language is very closely related to employee or job applicant national origin affinity and, therefore, employers must pay special attention to avoid: - accent discrimination - establishing unnecessarily strict English fluency rules - English-only rules in the workplace - All of the above

All of the above

Religious observances include: - Meditation - Donning garb - Formal meeting attendance - All of the above

All of the above

The EEOC and case law have allowed for which of the following as a legitimate factor to use when determining race? - Culture - dress, grooming practices, accent, or manner of speech - Employer perception of a person's race - Association - race determined by who a person is married to or to whom he or she is related - All of the above

All of the above

To make a claim of discrimination under the Equal Pay Act - the prima facie case - an employee must show that two employees of the opposite gender are: - Working in the same place - Doing equal work - sufficient commonality of tasks and responsibilities - Receiving different and unequal pay - All of the above

All of the above

Under ERISA, when benefits are provided by a company, the company must: - Provide correct information about benefits - Actually deliver on promised benefits - Allow for a review mechanism for disputes - All of the above

All of the above

Under HIPAA, personal medical information is obtained by an authorization form that: - Is signed by the individual - Identifies which information is sought to be disclosed - Details how long the permission is requested - All of the above

All of the above

Protections from Title VII of the Civil Rights Act of 1964 extend to: - All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship - All legal citizens having been born and/or lived in the U.S. for 5 years - All workers born in the United states - All legal U.S. citizens

All workers in the U.S., whether or not born in the U.S. and irrespective of citizenship

Minors 16 years of age

Allowed to work in jobs that do not interfere with health, education, or well-being, with standards set by state law.

The Civil Rights Act of 1991

Allows for compensatory and punitive damages for violations of Title VII

What is front pay? - An award of money in lieu of reinstatement - Getting paid before one has completed a job--most common with independent contractors - Getting paid in full without taxes being taken out - Getting the majority of your salary paid at the first of the year

An award of money in lieu of reinstatement

In the scope of employment context, what is an example of frolic and detour?

An employee runs a personal errand while driving to a meeting at a company branch office

In the scope of employment context, which of the following is an example of frolic and detour? - An employee runs an errand while on his/her lunch break - An employee runs a personal errand while driving to a meeting at a company branch office - An employee runs a work errand while off work - An employee works from home for the day

An employee runs a personal errand while driving to a meeting at a company branch office

In the scope of employment context, which of the following is an example of frolic and detour? - An employee works from home for the day - An employee runs an errand on his/her lunch break - An employee runs a work errand while off work - An employee runs a personal errand while driving to a meeting at a company branch office

An employee runs a personal errand while driving to a meeting at a company branch office

Free Riders

An employee who does not belong to a union but benefits from union representation.

Frolic and detour

An employee's physical departure from the job in order to further their own interests, and not the employer's.

Contributory Negligence

An employer defense that an employee's errant conduct contributed to a workplace injury.

Fellow servant rule

An employer defense that another employee, not the employer, caused a workplace injury.

Fellow Servant Rule

An employer defense that another employee, not the employer, caused a workplace, injury.

Assumption of the risk

An employer defense that states an employee knows and accepts the risk of potential injury in a certain position.

Ellerth/Faragher affirmative defense

An employer may avoid liability for supervisor harassment by proving affirmatively that: 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided.

Under the Employment-At-Will Doctrine, _______________. - If an employee desires to quit, he/she needs to have a legally viable reason to want to depart from the organization - Only federal employers can hire and fire employees at their own will - An employer can hire whomever it wants for whatever reason it wants - An employer may terminate an employee at any time, for any legal reason, without incurring liability

An employer may terminate an employee at any time, for any legal reason, without incurring liability

What is the escalator principle? - If too many veterans come from one business, the rules do not apply to all involved. - An employer must place the returning veteran in positions that he or she may have attained, absent the military leave. - An employer must create an environment for disabled veterans to easily access. - A military employee cannot be fired for one year after arriving back at his/her place of employment.

An employer must place the returning veteran in positions that he or she may have attained, absent the military leave.

What is the definition of an employer?

An entity that employs another to work on his or her behalf for pay

What is the definition of an employer? - A person who works to provide a good or service for another - An entity that produces goods and services - A person who pays for the goods or services of another - An entity that employs another to work on his or her behalf for pay

An entity that employs another to work on his or her behalf for pay

What is the definition of an employer? - A person who works to provide a good or service for another - A person who pays for the goods or services of another - An entity that produces goods and services - An entity that employs another to work on his or her behalf for pay

An entity that employs another to work on his or her behalf for pay

Anti-female animus

An environment of animosity toward women.

Opportunity Wage

An exception to the minimum wage law that applies to employees under twenty years of age, who may be paid $4.25/hr for the first 90 days of employment.

Closed Union Shop

An illegal requirement that an employee be a union member as a condition of employment.

Noonan v. Staples, Inc., D. Mass, No. 06-10716

An important case regarding defamation of character in the termination process.

Which of the following is considered an example of hostile working environment sexual harassment? - An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance - An environment with sensory overload (loud noise, extreme temperatures, etc) - When an employee is asked to perform sexual favors in exchange for increased pay - When an employee has been asked to leave because he/she is being gender discriminatory

An intimidating, hostile, or offensive working environment that unreasonably interferes with an employee's work performance

Quota

An official limit on the number or amount of people or things that are allowed.

Compensatory Time

An option for public employers to allow time off for employees instead of payment.

Organizational Display

An org chart that includes demographics data for all positions.

Union

An organization that represents workers in bargaining with employers.

The Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604, held that age and seniority are ________________ from each other in the ADEA context. - Analytically indistinct - Unclear - Indistinguishable - Analytically distinct

Analytically distinct

The NLRB determines which group of workers represents an appropriate bargaining unit by

Analyzing whether the bargaining unit members have similar jobs, skills, training, pay, supervision, etc. When a threshold number of workers - 30 percent of the appropriate bargaining unit - sign authorization cards to seek union formation, they petition the NLRB to authorize an election.

What is the fellow servant rule? - The injury is caused by an unpaid volunteer - A customer or client injures the employee - The employee understands the risks involved with his/her position - Another employee, not the employer, caused the injury

Another employee, not the employer, caused the injury

Course of Employment

Any action by an employee that furthers an employer's business.

What is Affirmative Action? - Any action taken by the government to ensure that all racial groups have the same employment rate across all industries regardless of training or qualifications - Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity - Action taken to insure that all protected classes can use the same public facilities as non-protected classes. - Any action taken by an employee and employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity

Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity

COBRA law

Applies to firms with 20 or more employees, provides that benefit coverage extends 18 months (in some cases 36 months) from the date of a qualifying event that causes an employee to lose group health coverage.

The easiest way to avoid discrimination claims due to performance appraisals is to: - Apply performance criteria equally to all employees - Allow employees to view other employees' appraisals - Give performance appraisals tailored to the individual - Not have performance appraisals for everyone

Apply performance criteria equally to all employees

Congress first directed the secretary of labor to investigate age discrimination. The Secretary found that age discrimination against older workers was prevalent, with the bulk of the problem stemming from employers setting __________ age maximums - Scientifically backed - Reasonable - Strategic - Arbitrary

Arbitrary

Age discrimination claims: - Are on the decline - Are on the rise - Have been constant for two decades - Are on a steep decline due to good employment practice

Are on the rise

How many life activities must an impairment limit to be considered a disability? - At least two - At least one - More than one - Three or more

At least one

In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________to determine if a case for retaliatory discharge is available.

At-will Doctrine

In the private employer arena, an employee would have to look to the public policy exceptions and to the _____________to determine if a case for retaliatory discharge is available. - Equal Employment Opportunity Commission - Title VII - At-will doctrine - National Labor Relations Act

At-will doctrine

During an unfair labor practices strike, striking workers may

Be temporarily replaces and when the strike is over they are able to return to their jobs.

Which of the following definitions was not adopted by the ADA from the Rehabilitation Act's definition of a disability? - A physical or mental impairment that substantially limits one or more major life activities - Having a record of an impairment - Being perceived as having an impairment - Being able to pass the national impairment proof test

Being able to pass the national impairment proof test

The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector. - private - Both public and private - federal - public

Both public and private

The term sexual harassment applies to: - Sexual harassment - Both gender harassment and sexual harassment - Gender harassment - Both sexual harassment and sexual discrimination

Both sexual harassment and sexual discrimination

Hopkins v. Price Waterhouse

Case where a female employee was wrongfully evaluated on subjective factors of her looks and personality, which evaluators thought was inconsistent with how a woman should look and act.

Which of the following is not a historically disadvantaged group? - Pacific islanders - Caucasians - Veterans - Women

Caucasians

The Immigration and Nationality Act of 1952 (INA)

Centralizes and organizes U.S. immigration law.

Public Policy Exception

Certain objectives relating to health, morals, and integrity of the government, that the law seeks to advance and uphold.

Which of the following is not an unlawful practice under Title VII:

Changing time schedules for individuals because of religious conflict

Which of the following is not an unlawful practice under Title VII: - Limiting, segregating, or classifying employees based on race - Adversely affecting the status of an employee based on race, religion, sex, or national origin - Changing time schedules for individuals because of religious conflict - Refusing to hire or discharge an individual based on race, color, religion, sex or national origin

Changing time schedules for individuals because of religious conflict

What are the two bona fide occupational qualifications which come into play under the IRCA? - Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations - Color of skin for themed entertainment venues and accent understandability for universities - Height requirements for certain jobs and grooming and sanitation standards for serving and food industries - Color of skin for themed entertainment venues and height requirements for certain jobs

Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations

Two BFOQs under the IRCA

Citizenship for specific federal jobs and public policy functions; English proficiency to the standard necessary to carry out essential business operations.

Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power. - Civil Rights Act of 1991 - Equal opportunity employment Act - Equal pay act of 1963 - Civil rights act of 1971

Civil Rights Act of 1991

Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee's lawful actions.

Class

Unlike disparate treatment based upon __________ characteristics, retaliation involves adverse job action based upon an employee's lawful actions. - Class - Industry - Personal - Job

Class

Common Law Agency Test

Classifies a worker as an employee if the employer retains the right to control the method of work performed.

HR Managers should only adopt pre-employment tests which

Clearly establish a causal link between the test and its predictive behavior for success in a specific job function.

The federal government has adopted a policy that provides for employee religious speech at public facilities, but with reasonable restrictions on time, manner, and place, as well as consideration for: - Extremism of the message being shared - Religious imagery being shared - Co-workers who have made it clear the speech is unwelcome - All of the above

Co-workers who have made it clear the speech is unwelcome

Step 3 in Making a Reasonable Accommodation:

Collaborative identification of possible accommodations to overcome barriers.

Some argue that disparity requires remedy and that pay should be equal for employees doing different jobs, but which are of: - Comparable worth - Comparable demand - Incomparable demand - Incomparable worth

Comparable worth

Three employees were caught stealing. The two white employees are fired, but the black employee is not. Being fired for stealing is a perfectly acceptable business practice. Under what disparate treatment discrimination analysis might the white employees show discrimination? - Bona fide occupational qualification - Direct evidence - Comparative evidence - Indirect evidence

Comparative evidence

What are the two basic requirements that OSHA places upon employers? - General safety planning : safety complaint system of evaluation - General duty clause : safety first training - Compliance requirement : General duty clause - Health plan requirements : natural disaster certification

Compliance requirement : General duty clause

What is the doctrince of Constructive Discharge? - Conditions in which an employer needs to terminate an employee due to changing business plans and strategy - When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him/her - Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit - Situation in which the employer helps a discharged employee locate new employment

Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit

What is the doctrince of Constructive Discharge?

Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit

What is the doctrince of Constructive Discharge? - Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit - Situation in which the employer helps a discharged employee locate new employment - Conditions in which an employer needs to terminate an employee due to changing business plans and strategy - When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him/her

Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit

Unwelcome Conduct

Conduct that is not solicited by an employee and that a reasonable person would regard as offensive.

John F. Kennedy believed that getting/using ___________________ was the only way for the American society to eliminate inequality. - Token moves and talking about it - Congress and state legislative bodies to act - People to host demonstrations - Law enforcement to repress demonstration

Congress and state legislative bodies to act

To protect workers from unfair wages, limit abusive overtime practices, and prevent child labor: - Congress enacted the Equal Pay Act - Congress enacted the National Labor Relations Act - Congress enacted the Fair Labor Standards Act - Congress enacted the Fair Labor Equality Act

Congress enacted the Fair Labor Standards Act

Local 28, Sheet Metal Workers v. EEOC

Consent decree in 1964 the New York State Commission for Human Rights had determined the sheet metal workers' union had systematically excluded African-Americans from the union and from obtaining apprenticeships. After 18 years of not complying with court orders to stop discrimination, the Supreme Court affirmed a lower court order, entered in 1975, imposing an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent non-white membership in the union. The duty to comply with imposed AA plans evaporates once the problem has been addressed.

Which of the following is not a way an employee claiming gender plus discrimination can discredit an employer's pretext? - Consistencies - Contradictions - Implausibilities - Weaknesses

Consistencies

Religious communication can create undue hardship on an employer if it disrupts the work of other employees or: - Constitutes unlawful harassment - Represents an unpopular religion - Is based on a religion that differs from the majority of customers - All of the above

Constitutes unlawful harassment

Under the compliance requirement, this is the most violated OSHA regulation: - Continual training - Natural disaster planning - Safety complaint system - Workplace violence training

Continual training

Agency is a __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. - Formal - Contract - Informal - Undefined

Contract

Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal.

Contract

Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. - Informal - Undefined - Formal - Contract

Contract

President Johnson issued Executive Order 11246, which required that _________ have a nondiscrimination clause in contracts and abide by its terms. - Contractors and subcontractors working with the federal government - Only federal contractors receiving over $100,000 in payments from federal monies - Both public and private contractors and subcontractors - Contractors and subcontractors working for private businesses

Contractors and subcontractors working with the federal government

Which of the following is not a typical position that can be defended by the BFOQ defense? - Bus Driver - Pilot - Police Officer - Cook

Cook

Which of the following was not added to the EEOC's definition of impairment? Any physiological disorder or condition affecting one or more of the following systems: - Neurological - Cosmetic - Special sense organs - Digestive

Cosmetic

Individuals who willfully disclose private health information may face: - Public rebuke - IRS audits - Criminal sanctions - National boycotting

Criminal sanctions

A job function may be considered essential for any of several reasons, including: A. The position exists to perform the function B. There are a limited number of workers among whom the function may be distributed C. The task is highly generalized D. A and B

D. A and B

If a claimant provoked or engaged in offensive behavior at work, courts have held that: A. If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment B. A victim's sexual history or behavior is immaterial to a sexual harassment claim. C. The severity of the violation is the only thing that can be a deciding factor D. Both A and B

D. Both A and B

In a disparate impact claim under Title VII, the plaintiff must establish the following prima facie elements: A. An apparently neutral employer's procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class B. The difference in impact is substantial C. The impact is intended to affect a specific group D. Both A and B

D. Both A and B

Remedies can include: A. Money B. A desired action C. An unmerited promotion D. Both A and B

D. Both A and B

Remedies can include:

Damages (money) or equitable relief (some desired action).

Strike

Decision by a union to stop working.

after passage of the Taft-Hartley Act, union victories in NLRB-supervised elections

Declined.

If an employer places some false information in the appraisal and that information is reported to a third party, an employee may have a claim of: - Perjury - Defamation - Discrimination - Veracity

Defamation

If false information in an appraisal is reported an employee may have a claim of

Defamation

Three main torts that arise in the former employee reference context

Defamation, retaliation, and negligent referral (or breach of duty to warn).

Who does the Federal Whistleblower Statute protect? - Defense contractor employees from retaliation when reporting violations - Private employers from fake whistleblowers - Private contractor employees from retaliation when reporting violations among other private contractors - The federal government from fake whistleblowers

Defense contractor employees from retaliation when reporting violations

In 2009, the ____ required covered (federal) contractors to enroll in E-Verify.

Department of Homeland Security

During its first few years, the EEOC lacked enforcement authority and had power only to investigate discrimination and then refer meritorious claims to the _________________ to pursue through litigation. - National Labor Relations Board - Department of Justice - Department of Equality - Department of Labor

Department of Justice

Which department administers FLSA rules? - The Department of Workforce Services - Department of Labor - OSHA - Department of Standardized Labor Requirements

Department of Labor

What is the main purpose of the economic realities test?

Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business

What is the main purpose of the economic realities test? - Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business - Determine if a business has enough economic freedom to hire and fire whomever it deems necessary - Understand the pressure unions are putting on the cost of business - Discover if an organization can afford to hire more employees

Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business

Under its obligations to maintain a safe working environment, an employer must: - Create a committee to watch for strange and peculiar behavior among employees who could turn violent - Install metal detectors at facilities that have a report of possible violence - Develop training and operational strategies for addressing workplace violence - Provide an armed guard at facilities holding more than 200 employees

Develop training and operational strategies for addressing workplace violence

According to the U.S. Census Bureau, the largest claim for disability comes from: - Being blind or having difficulty seeing - Severe hearing loss - Difficulty walking or climbing stairs - Problems lifting or grasping objects

Difficulty walking or climbing stairs

Which of the following is not a criterion needed to receive twelve weeks of FMLA leave? - Worked for the firm for 1,250 hours in the twelve months prior to taking leave - Direct approval from upper management - Provided timely notice to the employer - Experienced a qualifying event

Direct approval from upper management

Which of the following is not a main tort that arises from former employee references? - Defamation - Retaliation - Discrimination - Negligent referral

Discrimination

The phrase "reverse discrimination" is a misnomer because: - It is a descriptive synonym - It's a term people use but don't understand - It describes exactly what it is - Discrimination is discrimination when it is directed at anyone

Discrimination is discrimination when it is directed at anyone

Requesting specific documents from aliens to establish work eligibility, but allowing U.S. citizens to choose which documents will support the right to work is: - The guideline established by the EEOC to prevent illegal alien employment - Legal - Permissible - Discriminatory

Discriminatory

An employer's decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________.

Discriminatory Intent

An employer's decision to take some adverse action against an applicant or employee based upon knowledge and consideration of a protected class characteristic which has little or nothing to do with whether a person can perform the essential functions of a job is known as __________. - Disparate impact - Retaliation - Racism - Discriminatory intent

Discriminatory intent

Which of the following is not an example of a neutral policy and protected class(es) which may be impacted by the policy? - Drug testing - national origin - Physical strength tests - gender - No beard policies - gender/race/national origin/religion - Educational requirements - race; dress codes - gender/religion

Drug testing - national origin

What was the ruling in the Griggs v. Duke Power? - Griggs was found to be an employee that acted in a discriminatory manner while at work. The employer (Duke Power) was not responsible for his actions - Duke Power's standard intelligence test had disparate treatment of black applicants' ability to obtain jobs - There was no case because the test was given to all people - Duke Power's standard intelligence test had disparate impact on black employees

Duke Power's standard intelligence test had disparate impact on black employees

Unlike Title VII, an EPA claim does not require a complaint to the ________ prior to bringing a lawsuit against an employer. - NLRB - NLRA - PDA - EEOC

EEOC

Which federal agency was created by the Civil Rights Act of 1964 and tasked to enforce federal anti-discrimination statutes. - NLRB - OSHA - EEOC - NLRA

EEOC

Steps in Making a Reasonable Accommodation

EMPLOYER DISABILITY ACCOMMODATION PROTOCOL Step 1 - EMPLOYEE REQUEST FOR, OR EMPLOYER IDENTIFICATION OF, NEED FOR ACCOMMODATION Step 2 - IDENTIFICATION OF BARRIERS TO PERFORMANCE OF ESSENTIAL JOB FUNCTIONS Step 3 - COLLABORATIVE IDENTIFICATION OF POSSIBLE ACCOMMODATIONS TO OVERCOME BARRIERS Step 4 - ASSESSMENT OF THE REASONABLENESS OF NECESSARY ACCOMMODATION Step 5 - IMPLEMENTATION OF THE ACCOMMODATION Step 6 - CONTINUOUS EVALUATION AND ASSESSMENT OF THE ACCOMMODATION

Employers may not use gender as the basis for pay considerations on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions. What protects this? - GPD - EPA - CRA - PDA

EPA

Designed to protect worker's interests in the regulation of benefits and encourage the careful employer management of retirement funds, Congress enacted: - OSHA - FLSA - ERISA - FMLA

ERISA

The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act? - FLMA - FLSA - ERISA - OSHA

ERISA

Which of the following is not a recognized exception to at-will doctrine under the common law?

Economic sustainability

Which of the following is not a recognized exception to at-will doctrine under the common law? - Economic sustainability - Public policy - Implied contract - Implied covenant of good faith

Economic sustainability

Which of the following is not a recognized exception to at-will doctrine under the common law? - Implied covenant of good faith - Implied contract - Economic sustainability - Public policy

Economic sustainability

Disparate Impact

Effect when an employment practice that may appear to be fair unintentionally discriminates against members of a protected class.

Compensatory damages are a monetary amount necessary to replace what the claimant lost. Which of the following is not included? - Pain - Non-monetary losses - Ego - Money

Ego

If E-Verify gives a tentative nonconfirmation response, how many days does the employee have to contact the appropriate federal agency? - Ten - Three - Eight - Fourteen

Eight

COBRA allows that when an employee leaves a firm he/she may carry the firm's health care plan -- at the employee's expense -- for ____ months? - Six - Eighteen - Twenty-four - Twelve

Eighteen

Health insurance provided by the employer must include pregnancy-related conditions at the same cost as other medical conditions. What can be excluded? - Elective abortions - Cancer check ups - Natural births - Health insurance for adopted children

Elective abortions

Step 1 in Making a Reasonable Accommodation:

Employee request for, or employer identification of, need for accommodation

Consequences of WARN provision violations

Employees are entitled to back pay for the number of days they were deprived of timely notice up to 60 days. In addition, employees are entitled to any earned commissions, sick pay, seniority, pension, or health benefits accrued in the 180 days prior to a plant closing. Holiday and vacation pay is not available for claimants under WARN. Class action suits are specifically allowed but punitive damages will not be awarded.

Americans with Disabilities Act (ADA)

Employers with 15 or more employees are prohibited from discriminating against people with disabilities. In general, the employment provisions of the ADA require equal opportunity in selecting, testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship" and equal opportunity in promotion and benefits.

Sherman Anti-Trust Act

Enacted in 1890, it prevents business from (1) combining together to restrain trade and (2) seeking monopoly business power. In an ironic twist, the Sherman Anti-Trust Act, which was designed to curtail business abuses, was used against union organizing efforts. In 1908, the Supreme Court held that workers organizing into unions was a combination designed to restrain trade and, therefore, violated the Sherman Anti-Trust Act.

Clayton Act

Enacted in 1914, it prohibits the elimination of unions.

Fair Labor Standards Act (FLSA)

Enacted in 1938, it protects workers from unfair wages, limits abusive overtime practices, and prevents child labor.

Labor Management Relations Act of 1947

Enacted in 1947, it curbs union overreaching by protecting employee rights and prohibiting wildcat strikes. It amended the NLRA to protect a worker's right not to engage in concerted activity and outlined the unfair labor practices in which a union could engage.

Civil Rights Act of 1964

Enacted in 1964; prohibits race discrimination in employment.

Older Workers Benefit Protection Act (aka OWBPA)

Enacted in 1990, it allows employers to offer retirement incentives to older workers.

Omnibus Transportation Employee Testing Act (Omnibus Act)

Enacted in 1991, it authorizes and regulates the drug testing of employees in the airline, railroad, trucking, and public transportation sectors.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Enacted in 1994, it prevents any employer from discriminating against someone who is or has been in military service.

In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation.

Equal Employment Opportunity Act

In 1972, Congress amended Title VII, by passing the _______________________ which give the EEOC authority to conduct its own enforcement litigation. - National Labor Relations Act - Equal Employment Opportunity Act - Anti-Trust Act - Anti-Segregation Act

Equal Employment Opportunity Act

Determining what constitutes the ________, and not _______, functions of the job is an important task for an employer to undertake for both practical and risk management considerations. - Essential : marginal - Marginal : essential - Standard : variable - Operational : technical

Essential : marginal

From a risk management point of view, an employer should be able to defend an interpretation of: - Tertiary job functions - General job responsibilities - Reasonable salary for disabled people - Essential job functions

Essential job functions

U.S. Constitution

Established America's national government and fundamental laws and guaranteed certain basic rights for its citizens.

Federal Mediation and Conciliation Service (FMCS)

Established by Taft-Hartley; an agency to help management and labor settle labor contract disputes.

Which of the following is an example of nation of origin harassment? - Hiring a person based on his/her nation of origin - Ethnic slurs in the workplace - Promoting an individual based on his/her nation of origin - None of the above

Ethnic slurs in the workplace

The duty to comply with imposed AA plans: - Cannot be removed from a company once it is set in place - Lasts until a federal judge has seen at least five years of compliance - Applies for one year from the sentencing date - Evaporates once the problem has been addressed

Evaporates once the problem has been addressed

Comparative Evidence

Evidence of discrimination that is found by comparing two similarly situated employees who were treated differently because of a class characteristic.

Undue Hardship

Exception to the Americans with Disabilities Act (ADA) that weighs the cost of an accommodation against the size of the organization and other similar factors.

Unforeseeable Business Circumstance

Exception to the Worker Adjustment and Retraining Notification Act (WARN Act) for employers whose business takes a sudden and unexpected negative turn that could not have been reasonable predicted.

Which of the following is not a reasonable accommodation? - Providing large print documents - Creating privacy barriers - Exceptions to seniority rules - Ramps

Exceptions to seniority rules

As a federal agency, the NLRB has

Executive, legislative-ruling making, and judicial authority. Therefore, the agency may determine the merit of claims and adjudicate labor disputes through the use of administrative law judges. By that authority the board may compel compliance with its rulings by appeal to the U.S. Court of Appeals. Likewise, parties who are not pleased with the board's administrative law judge decision may seek review of unfavorable decisions in the federal courts. The board uses its enforcement and investigative powers to encourage parties in labor disputes to resolve issues through settlement.

Rehabilitation Act

Expanded opportunities for individuals with physical or mental disabilities; provided remedies for victims of discrimination.

The factors examined to determine disparate treatment in a color and race discrimination case include all of the following except: - Comparative treatment evidence - The decision-maker's race and statistical evidence - Race-related statements by decision-makers - Explained deviations from policy

Explained deviations from policy

Section 806 of the 2002 Sarbanes-Oxley Act

Extends whistle-blowing protection to any employee or agent of a publicly traded company who discloses or assists in the investigation of company fraud upon shareholders.

TRUE or FALSE: Under USERRA, an employer is required to place an employee returning from a military deployment in the exact same employment position he/she had prior to leaving.

FALSE

Courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination. - Fair - Thought through - Legal - Immoral

Fair

The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers. - EEOC - National Labor Relations Act - National Labor Relations Board Act - Fair Labor Standards Act

Fair Labor Standards Act

TRUE or FALSE: Affirmative action applies to the majority of the workforce.

False

TRUE or FALSE: Disabled persons in the United States are not very common, with less than 5% of the population being afflicted with a disability.

False

TRUE or FALSE: In cases where a former employee is a danger to others, a "no comment" or limited information referral will shield a former employer from liability.

False

TRUE or FALSE: The Office of Federal Contract Compliance Programs (OFCCP) may not perform audits on contractors unless a discrimination claim is made.

False

TRUE or FALSE: An aggressive sexual advance is made by a male boss to a female subordinate and rejected. Later the female employee receives a raise. There is no colorable claim of quid pro quo sexual harassment because the "victim" did not suffer a tangible job action.

False

TRUE or FALSE: An employee can be subject to any negative job action for making a frivolous claim of disparate treatment discrimination under Title VII.

False

TRUE or FALSE: Before 1964, it was uncommon to see overt religious discrimination in the workplace.

False

TRUE or FALSE: Favorable actions to an employee cannot be seen as retaliation.

False

TRUE or FALSE: Given that the request is legitimate, an employer has the duty to provide the employee with a reasonable accommodation, even if undue hardship is caused to the business.

False

TRUE or FALSE: In 1964 Congress did not include religion as a protected class under Title VII.

False

TRUE or FALSE: The ADEA prohibits elimination of an older worker's position for budgetary reasons

False

TRUE or FALSE: Title VII contains, at section 702, an exemption to its anti-discrimination protections for religion, but applies only when religion is in no way connected with the job qualifications.

False

TRUE or FALSE: When the harassment is gender-based, no sexual harassment claim is available.

False

True or False: In cases where a former employee is a danger to others, a "no comment" or limited information referral will shield a former employer from liability.

False

TRUE or FALSE: Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons.

False. Federal government and federal contractors doing over $10,000 in business have to take affirmative action to hire qualified disabled persons.

TRUE or FALSE: Like racist comments, all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment.

False. From the text, "Like racist comments, not all rude or offensive behavior directed at an individual because of nation of origin characteristics is harassment."

TRUE or FALSE: Under Title VII, singular philosophies regarding social, political, and economic concerns and personal preferences are considered religious beliefs.

False. Only beliefs involving "ultimate" ideas about life, purpose, and death are considered religious.

Previous employers may provide limited information because of

Fears of defamation and negligent hiring claims and risk of tort liability.

National Labor Relations Board (NLRB) is the

Federal agency given power to safeguard employees' rights to organize and to determine whether to have unions as a bargaining representative. Moreover, the agency acts to prevent and remedy unfair labor practices committed by private sector employers and unions. The agency provides the legal framework and supervision for union elections and decertification in the private sector. Further, the agency is empowered to investigate charges by employees, unions, or management of unfair labor practices.

If an illegal immigrant is working in the United States, then: - Federal laws encourage discrimination against him/her to protect American jobs - Federal law prohibits employers from discriminating against him/her - Federal law does not protect him/her - Federal law does not protect him/her, but some state laws do

Federal law prohibits employers from discriminating against him/her

While individual older employees can have higher health care costs than other employees, in one respect they have lower health costs. Why would that be? - Medicare takes over once they hit a certain age - Fewer dependents - They generally put more thought into their health - Less pregnancy-related costs

Fewer dependents

Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first: - File with the EEOC - Repeatedly attempt to inform the employer of the issue - Inform the employer only once - File with the NLRB

File with the EEOC

Worker's compensation benefits are

Fixed by law and typically include replacement income - usually two-thirds of normal pay - and all medical costs associated with the injury and rehabilitation.

The NLRB permits lockouts

For the same reason strikes are authorized: to put pressure on the other side to come to the bargaining table.

I-9

Form enacted under IRCA (Immigration Reform and Control Act) that documents employee identity and right to work in the U.S. (specifies acceptable documents).

The Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with: - Twenty or more employees - Four or more employees - Fifty or more employees - Ten or more employees

Four or more employees

Union elects must be

Free, fair, and vote privacy must be guaranteed.

If the NLRB authorizes a union election the employer must

Furnish to the NLRB the names and addresses of all worker to which the election may apply, and it may not interfere or meddle in the election process in any way.

At its most basic level, sexual harassment is harassment directed at an employee because of his or her: - Gender - Likes and dislikes - Affinity orientation - Personality

Gender

When an employer classifies employees on the basis of gender, plus another characteristic, this is known as: - Pregnancy discrimination - Fetal protection discrimination - Gender Plus discrimination - Gender discrimination

Gender Plus discrimination

Price Waterhouse v. Hopkins

Gender discrimination case

In a case where gender, but not sexual motive is involved, the harassment is more appropriately named - Anti-female animus - Sexual harassment - Gender Discrimination - Gender harassment

Gender harassment

Which of the following is always involved in a case of sexual harassment? - Request for sexual favor - Sexual motive - Sexual behavior - Gender harassment

Gender harassment

"To furnish to each of its employees...a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm." This is known as: - The compliance requirement - Continual training - General duty clause - The reasonable person rule

General duty clause

What is the estimated number of illegal immigrants in the United States? - Greater than 30 million - Greater than 22 million - Greater than 10 million - Greater than 16 million

Greater than 10 million

Minimum wage applies to

Gross pay

Sexual Harassment

Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment.

National Origin Discrimination Harassment

Harassment that includes offensive comments about an employee's national origin.

ERISA, unlike other federal laws,: - Allows for states to craft stricter versions - Only has to be followed in thirty-six states - Allows states to ignore it completely - Has an expansive preemption of any state law

Has an expansive preemption of any state law

In a hostile work environment sexual harassment claim, the affected employee alleges that he/she: - Has been asked to leave because he/she is being gender discriminatory - Has been asked to perform sexual favors in exchange for rank advancement - Has been asked to perform sexual favors in exchange for increased pay - Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance

Has been put in an intimidating, hostile, or offensive working environment that unreasonably interferes with his/her work performance

The amount of women in the workforce: - Has decreased - Has increased - Is a difficult statistic to collect - Stayed relatively the same since 1975

Has increased

A qualified individual is one who: - Passes the ADA exam - Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job - Can participate in major life activities as defined by the EEOC and the Supreme Court - Has no disability

Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job

Title VII covered employers

Have "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person."2 The application of Title VII continues for a year after a firm reaches the critical mass of 15 employers, even if the number of employees in the next year falls below the minimum. Title VII also applies to federal, state and local government employers and employment agencies and labor unions.

Examples of facially neutral polices and protected classes that may be impacted might include:

Height and weight restrictions - gender/national origin Language requirements - national origin Physical strength tests - gender Educational requirements - race Dress codes - gender/religion No beard policies - gender/race/national origin/religion

Which of the following is not evidence of a task being essential? - The percentage of time spent on the job performing a function - The consequences of the task not being done - High salary expectations for a specific task to be completed - Formal job descriptions prepared before the job is announced and filled

High salary expectations for a specific task to be completed

Which of the following is not a reason employers benefit from retaining and hiring older employees? - Greater understanding of firm history - Less turnover - Greater efficiencies - Higher health costs

Higher health costs

Generally, however, _________________ claims develop over time. - Racism - Severe racial harassment - Discrimination - Hostile work environment

Hostile work environment

The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor?

How many hours per year do the employee and employer spend time together outside of work?

Reasonable Person Test

Hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.

Step 2 in Making a Reasonable Accommodation:

Identification of barriers to performance of essential job functions.

At the beginning of employment, under federal immigration laws, a worker is required to verify his/her _______ and _________ to work legally in the United States. - Educational background : Career goals - Home country : Name - Identity : Eligibility - Sex : Race

Identity : Eligibility

Results of a union election will be set aside

If the employer or the union created an atmosphere of confusion or fear or interfered with the employees' freedom of choice.

Prior to 1986, it was ________ for undocumented workers to work in the United States, but not ________ for employers to hire them. - Legal : Legal - Illegal : Illegal - Legal : Illegal - Illegal : Legal

Illegal : Legal

The ADA did not initially define the terms _______ or _______. This created some difficulty for employers and courts alike in determining the parameters of the statute. - Reasonable accommodation : discrimination - Impairment : major life activity - Disability : handicapped - Undue hardship : disability discrimination

Impairment : major life activity

Step 5 in Making a Reasonable Accommodation:

Implementation of the accommodation

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399 (1986)(Meritor)

Important case for hostile environment sexual harassment.

General Dynamics Land Systems, Inc v. Cline

Important case regarding the Age Discrimination in Employment Act (ADEA)

School Board of Nassau v. Arline

Important case regarding the scope of the "record of impairment" and "regarded as disabled" criteria; protection by virtue of being perceived as disabled.

Butler Medical Transport LLC and Michael Rice and William Lewis Norvell, Case Nos. 5-CA-97810, 5-CA-94981 and 5-CA-97854 (Sept. 4, 2013)

Important cases highlighting an employer's policy of restricting social networking by employees unlawful because it could be construed to prohibit "concerted activity." The lesson for the human resource professional is to craft social media policies so they may not discourage social media posts about the conditions of employment.

Philadelphia Plan

In 1969, President Nixon authorized the implementation of the Philadelphia Plan, which, for the first time, required contractors to establish specific goals and timetables for correcting imbalances in employment practices. The creation of preferences and goals has led to the forty-year-old debate over whether AA is simply a way to establish unlawful quotas for race, ethnicity, or gender.

What is the definition of Bona Fide? - Secondary - In good faith - Unassuming - None of the above

In good faith

Johnson v. Santa Clara County Transportation Agency 480 U.S. 616 (1987

In voluntary affirmative action plans, private employers may lawfully use race and gender in employment decisions where there has been a historical "manifest imbalance" in the workplace when that effort is limited in duration and scope and when it is not a quota system

The employer defense to disparate impact claims is that the employment practice: - Is legal because employees have formally agreed to it during the hiring process - Is a BFOQ - Has consistency across all employees - Includes a reasonable factor other than age

Includes a reasonable factor other than age

Across the United States there has been a(n) _________ in workplace disability discrimination claims. - Increase - Steady decrease - Rapid decrease - No change

Increase

What is considered a possible explanation for increased religious discrimination claims? - Increased immigration by individuals with religious beliefs that have not been traditionally present in the U.S. - Economic instability drives social pressures - Changing laws that make religious discrimination more difficult to prosecute - None of the answers are correct

Increased immigration by individuals with religious beliefs that have not been traditionally present in the U.S.

The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called "English-only" rules is: - Immeasurable - Neutral for the last decade - Decreasing due to better regulations - Increasing

Increasing

Pregnancy health coverage must be __________ of marital status. - Given on the bases - Dependent - Independent - Reliant

Independent

Of the following classifications of worker, which causes the smallest obligation to the employer? - Employee - Independent contractor - Union workers - Both independent contractor and employee

Independent Contractor

Of the following classifications of worker, which causes the smallest obligation to the employer? - Employee - Independent contractor - Union workers - Both independent contractor and employee

Independent contractor

Which worker classification causes the smallest obligation to the employer?

Independent contractor

What is the name of the movement which has worked to take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment? - Independent living movement - One for all movement - Equal people movement - Disability freedom movement

Independent living movement

Whistleblower

Individual who reports real or perceived wrongs committed by the employer.

________________ is the best method for a manager to correct an employee problem. - Formal coaching - Public reprimand - Informal coaching - Writing warnings

Informal coaching

An equitable remedy could include a retroactive reinstatement of seniority, or an order requiring a firm to refrain from certain actions. This is known as: - Compensatory damages - Injunctive relief - Punitive damages - Reinstatement

Injunctive relief

Which of the following is not included in the EEOC's definition of race? - Physical characteristics - a person's color, hair, facial features, height, and weight - Intelligence - known intellectual strengths of different races - Race-associated illnesses - diabetes, obesity, and sickle-cell anemia affect some races more than others - Ancestry - racial or ethnic background

Intelligence - known intellectual strengths of different races

When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, __________ has occured. - Constructive discharge - Statute of frauds - Intentional interference with a contract - Voiding a contract

Intentional interference with a contract

When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as:

Intentional interference with a contract

Scope of Employment

Involves employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description.

Nation of origin employment discrimination means that an employer makes an adverse employment decision against an individual because the individual, or his or her ancestor:

Is from a certain country or place Belongs to, or identifies with, a national, cultural, or ethnic group Associates with a person from that group

The At-Will Doctrince has come under much criticism in the modern age because ____________. - It gives employees too much power - It diminishes the power of the employer - It only applies to federal jobs and the public feels it should apply to all jobs - It allows for possible harsh consequences for the employee

It allows for possible harsh consequences for the employee

Which of the following is NOT a benefit of a progressive discipline system. - It creates an atmosphere of good communication between management and staff. - It can improve morale because employees see that good performance is rewarded and poor performance is not tolerated. - It allows managers to intervene early when problems arise. - It does not apply to undocumented aliens.

It does not apply to undocumented aliens.

How is age considered in Title VII of the Civil Rights Act of 1964? - It is considered a protected class for people over 60 - It is not considered in the civil rights act - It is considered a protected class - It is a protected class for people 40 years of age and older

It is not considered in the civil rights act

If an employer takes no action to check co-workers who constantly refer to a Samoan-American using ethnic slurs, instead of her real name, and even go so far as to embarrass her in front of customers, what might result? - It may create a hostile work environment for the employee - It is innocent enough to not cause real damage - It is not enough to be a hostile work environment, but is not advisable - None of the above

It may create a hostile work environment for the employee

In the Hewlett-Packard Company case, an employee who objected to the firm's diversity policy posted anti-gay verses from the Bible at his desk. The court that ultimately heard that case found an undue hardship because: - Employees are not allowed to share religious beliefs so boldly - It was not reasonable to allow one employee to make other employees annoyed during their working hours - It was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy. - It is against the law to use scripture to discriminate against others in the workplace

It was impossible for HP to accommodate religiously-motivated expressions that violated its core human resource philosophy.

BFOQ

Job requirement that an employee be a particular religion, sex, or national origin that is reasonably necessary to business operations. For instance, it is assumed that an opening for a Baptist minister at a local Baptist church would be filled by a minister who is actually a person who celebrates the Baptist religion and not, say, the Episcopal religion.

When two or more entities, which are not engaged in an integrated exercise, exert control over an employee such that each entity may be considered an employer, this is known as the ___________ doctrine. - Joint employer - Covered employer - Double employment - Shared employment

Joint employer

In a private lawsuit, one of the remedies a court may impose to correct imbalances in hiring practices is known as: - Forced affirmative action - Judicial affirmative action - Executive affirmative action - Coerced affirmative action

Judicial affirmative action

_____________ is/are the primary reason(s) U.S.C. section 1981 and the Civil Rights Act of 1871 were ineffective in improving the rights of black Americans? - Failure of enactment - Lack of enforcement - Because they only applied in the northern states, even though there was much need for them in the south - New amendments and changes to the law made it difficult to make any real improvements

Lack of enforcement

Obergefell v. Hodges, 576 U.S. ___ (2015)

Landmark United States Supreme Court case which found a fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment

U.S. military defense personnel policy over the last fifty years has seen a shift in emphasis away from a _____________ and towards a ____________. - Career army : reservist force - Drafted army : volunteer - Reservist force : large standing army - Large standing army : reservist force

Large standing army : reservist force

Respondeat Superior

Latin for "let the master answer." Common-law concept that means employers can be held liable for actions of their employees that are performed in the course of their employment and in the scope of their assigned duties or responsibilities.

Prima Facie

Latin for "on the face of it." Such evidence by itself would establish the claim or defense of the party if the evidence were believed. [pronounced "pry-muh fay-she"]

LMRDA (Landrum Griffin Act)

Law aimed at protecting union members from possible wrongdoing on the part of their union;. Third of the main union laws; 1959.

LMRA (Taft-Hartley Act)

Law that prohibited unfair union labor practices and put forth the rights of employees as union members. Second of three main union laws; 1947; considered pro-management.

Right-to-Work Laws

Laws that give employees the option to not join a union. 24 states currently have right-to-work protections.

Vicarious Liability

Legal concept that holds an employer accountable for the harmful actions of its employees, whether or not the employer is aware of those actions.

Going and Coming Rule

Legal principle that removes an employer's liability from employees' actions going to and from their place of employment.

Quid pro quo

Legal term that means, in Latin, "this for that." QPQ harassment occurs when a supervisor or manager asks for sexual favors in return for a favorable employment action.

Tort

Legal term used to describe an action that injures someone. Torts are not related to laws or contracts but can result in legal action: the part who has been injured can sue the wrongdoer and collect damages for the injury that has been done.

__________________________ refers to the law providing that the 180-day filing period begins to run on the date of any of three events: 1) the adoption of a discriminatory practice or decision; 2) the application of the discriminatory practice or decision to the employee; and, most significantly, 3) each time wages, benefits, or compensation is paid under the practice or decision. - Civil Right Act - Pregnancy Discrimination Act - Lilly Ledbetter Fair Pay Act - Equal Pay Act

Lilly Ledbetter Fair Pay Act

Which of the following is not a form of retaliation? - Negative evaluation - Demotion - Limited supervision - Salary reduction

Limited supervision

National Origin

Location of birth.

The problem of continued race discrimination is evident by reference to the labor market itself, with persons of color being much more likely to work in __________ jobs than whites. - Blue collar - White collar - High-paying - Low-paying

Low-paying

immigration Reform and Control ACt (IRCA)

Made it illegal in the U,S, to hire or continue to employ individuals who are legally authorized to work.

Most of the time, retirement incentives and accompanying ADEA waivers are: - Made on an individual employee basis - Made to numerous employees at the same time - None of the above

Made to numerous employees at the same time

Workplace surveys suggest that the ________ of employee performance appraisals are inadequate. - Majority - Half - Third - Minority

Majority

In cases where an employee's religious practice conflicts with a work assignment, Title VII requires that the employer: - Make a reasonable accommodation - Tolerate the employee's religious beliefs for at least six months - Find a legitimate reason to terminate the person - Let all other employees know of an employee's conflicting religion

Make a reasonable accommodation

Title VII of the Civil Rights Act

Makes it unlawful to discriminate on the basis of an individual's race, color, national origin, religion, or sex with respect to employment.

Affirmative Action

Making an extra effort to hire and promote those in protected groups, particularly when those groups are underrepresented.

In a disparate treatment case, it is an employer's belief about someone's nation of origin - ________________________ - which is the focus of whether or not discrimination has occurred. - Manifested by fair treatment - Unknown to the employer - Manifested by adverse action - Manifested by equally agreed-upon treatment

Manifested by adverse action

When a union engages in an economic strike, the employer

May hired workers to work for either the duration of the strike or permanently.

Occasionally calling someone lazy, making fun of an accent, or accusing someone of stealing "American jobs": - Is considered harassment if management has requested it to stop and it does not - Is only considered harassment if the employee shows or expresses discomfort - May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting - Is always considered harassment

May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting

The type of information covered by the FCRA includes:

Medical records or payments Residential or tenant history Check writing history Employment history Insurance claims

What is the seminal case for hostile environment sexual harassment? - McDonnell Douglas - Price Waterhouse v. Hopkins - Meritor Savings Bank, FSB v. Vinson - Jesperson v. Harrah's Operating Co

Meritor Savings Bank, FSB v. Vinson

The FLSA, as currently amended, imposes

Minimum age for workers; minimum wage, guarantees overtime for work beyond 40 hours per week.

Back pay

Monetary compensation for a plaintiff's lost earnings.

Front Pay

Monetary compensation in lieu of reinstatement.

Compensatory Damages

Monetary compensation necessary to replace a plaintiff's losses.

Punitive Damages

Monetary damages designed to punish an employer who acted maliciously or recklessly.

_____________ prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. - National Labor Relations Act - Stare decisis - Montana Wrongful Discharge From Employment Act - Vicarious Liability

Montana Wrongful Discharge From Employment Act

_____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute.

Montana Wrongful Discharge From Employment Act

_____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. - Stare decisis - National Labor Relations Act - Vicarious Liability - Montana Wrongful Discharge From Employment Act

Montana Wrongful Discharge From Employment Act

According to the EEOC, religious beliefs are: - Theistic beliefs that can be traced to a supreme being - All strongly-held beliefs - Philosophies regarding social, political, and economic concerns - Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views

Moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views

FLSA and farm workers

Most farm workers are exempt from FLSA provisions, including child labor.

Continual Training Requirement

Most frequently violated OSHA regulation. Mandates that all employers provide training to workers on a periodic basis and whenever an employee is hired or assigned to a new job.

EEOC reports the largest percentage of employee complaints, based on religious discrimination, involve bias against _______. - Atheists - Christians - Buddhists - Muslims

Muslims

Which religious groups have seen the largest increase in workplace discrimination over the past decade? - Hindus and Buddhists - Atheists and Christians - Christians and Muslims - Muslims and Hindus

Muslims and Hindus

How old must an employee be to claim age discrimination under the ADEA? - Must be over the age of 50 - Must be over the age of 40 - Must be over the age of 30 - All ages can claim age discrimination

Must be over the age of 40

I-9 form retention

Must retain in file, separate from the standard personnel file, for a period of three years after hire or one year after termination, whichever is longer.

When an employer makes an adverse employment decision against an individual because the person, or his/her ancestor, is from a certain country or place, he/she may have commited _________________. - Racial harassment - Nation of origin employment discrimination - Racial Discrimination based on color - Racial discrimination

Nation of origin employment discrimination

Conduct that includes offensive comments about a person's birthplace, ethnicity, culture, or accent, as well as ethnic slurs or workplace graffiti, is an example of: - Nation of origin discrimination - Nation of origin harassment - Racial harassment - Racial discrimination

Nation of origin harassment

Certain nationals may be discriminated against in employment in situations of: - National security, under federal statute or Executive Order - BFOQ's - Economic downturns - Illegal aliens

National security, under federal statute or Executive Order

What determines FLSA exempt status?

Nature of duties performed. Titles do not matter.

Age discrimination may also be established when an employee shows that a facially-neutral company policy has a ___________effect on employees covered by the ADEA. - Negative - Positive - Affirmative - Neutral

Negative

Failure to perform a proper background screening of an employee could put an employer at risk of: - Tax fraud - Workplace endangerment - Defamation - Negligent hiring

Negligent hiring

An employer could be responsible for a claim by another employer for __________ based on false entries in a performance appraisal. - Defamation - Discrimination - Affirmative referral - Negligent referral

Negligent referral

The EEOC reports that the majority of accommodations made by employers are: - Nominal - Free - Unpayable, causing undue hardship - Expensive

Nominal

Preventing work violence is a difficult task as perpetrators are often: - Crazy - Non-employee strangers, clients, or significant others of employees - Planning attacks for years in advance - Formally trained

Non-employee strangers, clients, or significant others of employees

The rationale of the prima facie case in disparate impact cases is to eliminate the _____________ reasons for a job denial and thereby show that discrimination is the most plausible explanation. - Discriminatory - Nondiscriminatory - Disparate - Racially charged

Nondiscriminatory

The Supreme Court in Hazen Paper Co. v. Biggins held that a paper company's decision to terminate an employee because his pension was about to "vest" was: - In violation of the ADEA - A violation of the EEOC - Not in violation of the ADEA - Illegal

Not in violation of the ADEA

Which of the following is not correct? When looking at whether an accommodation is a hardship, courts look to the employer's: - Type of job involved - Number of employees accommodated in the past - Size of organization - Cost of accommodation in terms of wages and administration

Number of employees accommodated in the past

Regulation of Affirmative Action is overseen by: - EEOC - AACP - OFCCP - VEVRAA

OFCCP

To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections through the use of aggressive retirement pressures, in 1990 Congress passed: - ADEA - NLRB - OWBPA - EEOC

OWBPA

Which type of performance measures are safest to have on an appraisal? - Character-based - Objective - Subjective - Opinion-based

Objective

Under Taft-Hartley, the executive branch of the federal government is empowered to

Obtain legal strikebreaking injunctions in the courts if an impending or current strike imperiled national health or safety

Reduction in force (RIF)

Occurs when a business eliminates one or more positions as part of a strategic business plan to realign operations or reduce cost.

Dual Purpose Doctrine/Mission

Occurs when an employer conducts personal and work business at the same time; subjects the employer to liability for the employee's actions.

Reverse Discrimination

Occurs when an employer, acting under an affirmative action plan, favors one race or gender in an employment decision.

OFCCP

Office of Federal Contract Compliance Programs; within the Department of Labor, oversees regulation of Affirmative Action.

Executive Order 8802

On 25 June, 1941, President Franklin D. Roosevelt issued an executive order which declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.

Lilly Ledbetter Fair Pay Act (LLFPA) of 2009

On January 29, 2009, President Obama signed the first piece of legislation of his Administration: the Lilly Ledbetter Fair Pay Act of 2009 ("Act"). This law overturned the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007), which severely restricted the time period for filing complaints of employment discrimination concerning compensation. The Act states the EEOC's longstanding position that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began. The Ledbetter Act recognizes the "reality of wage discrimination" and restores "bedrock principles of American law." Particularly important for the victims of discrimination, the Act contains an explicit retroactivity provision. People challenging a wide variety of practices that resulted in discriminatory compensation can benefit from the Act's passage. These practices may include employer decisions about base pay or wages, job classifications, career ladder or other noncompetitive promotion denials, tenure denials, and failure to respond to requests for raises. The LLFPA changed that rule and provides that the 180-day filing period begins to run on the date of any of three events: The adoption of a discriminatory practice or decision The application of the discriminatory practice or decision to the employee; and, most significantly, Each time wages, benefits, or compensation are paid under the practice or decision The LLFPA also expanded the list of persons aggrieved by the discriminatory pay practice to include family members and children of deceased workers.

Covered Contractor

One who has an agreement to do a certain type of work for the federal government -- valued at more than $100,000 -- for work that is performed in the U.S. and within a period of at least 120 days.

Employee

One who performs services under the direction and control of another.

How long does the application Title VII continue after a firm has reached a critical mass of 15 employees?

One year

How long does the application Title VII continue after a firm has reached a critical mass of 15 employees? - Title VII application will only continue if the firm has more than fifteen employees - One year - Five years - Two years

One year

The majority of Americans speak: - English and a partial second language - Only English - More than one language - More than two languages

Only English

There is an exception to minimum wage rules called the _______________, which applies to employees under twenty years of age, who may be paid $4.25/hour for the first 90 days of employment. - Opportunity wage - Incremental growth wage - Development wage - Underage wage

Opportunity wage

What are the two main approaches to preparing an organizational profile? - Organizational analysis or standard structured chart - System of deliverables or workforce analysis - Organizational display or workforce analysis - Flow charts or system of deliverables

Organizational display or workforce analysis

The FMLA governs leave for employees due to ____________ and ____________ necessity. - Parental : medical - Fiscal : parental - Medical : situational - Logical : economic

Parental : medical

In the race and color context, virtually all race-based conduct may be eventually considered unwelcome even if the claimant is: - Close to retirement - White - The instigator of racially charged jokes - Participating in joking and banter

Participating in joking and banter

The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________. - Quick : painless - Particularly simple and straightforward : not require extensive analysis - Documented on public record : accessible to all employees to view - A standardized procedure : used throughout all industries

Particularly simple and straightforward : not require extensive analysis

Equal Pay Act

Passed in 1963, it requires nearly all employers to pay men and women equally for the same work.

Worker Adjustment and Retraining Notification Act (WARN)

Passed in 1988 to provide protection to workers in mass layoffs or plant closings; requires 60 days notice be given when 100 or more FTEs will be impacted (additional rules/exceptions). Gives terminated workers an opportunity to search for other employment or obtain additional training.

Affirmative action may be used to remedy _________ and not to maintain _________. - Past imbalances : the status quo - Discrimination : inefficiency - The status quo : past imbalances - Inefficiency : discrimination

Past imbalances : the status quo

An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as: - Practice intent - Pattern and practice discrimination - Discriminatory intent - Disparate treatment

Pattern and practice discrimination

Under USERRA, employers are not required to: - Allow provisions of health coverage at the employee's expense for long military leaves - Hold military employees' jobs - Pay employees while on military leave - Offer health insurance for short leaves

Pay employees while on military leave

A year before the passage of Title VII, the Equal Pay Act (EPA) was enacted to require almost all employers to: - Pay people of different religions equally for the same work - Pay women and men equally for the same work - Pay people of different races equally for the same work - Pay people of different color equally for the same work

Pay women and men equally for the same work

Which of the following has no effect on causing a workplace to become polluted with actionable race discrimination under Title VII? - Supervisors - Non-employees such as business partners and customers - Pedestrians passing in front of the establishment - Co-workers

Pedestrians passing in front of the establishment

Progressive Discipline

Performance management tool designed to modify employee behavior; set of steps outlined for use to tie the employee's responsibility and consequences.

Disabilities that are covered by the ADAAA are: - Temporary - Temporary impairments that may evolve into permanent ones - Permanent - Permanent or temporary

Permanent or temporary

Minors 14 years of age

Permitted to work in certain retail jobs with strict restrictions on hours and times.

The Norris-LaGuardia Act

Permitted unions to freely engage in a broad range of collective bargaining activities.

Agency Theory

Person (e.g., a manager) is expected to act on behalf of a principal (e.g. the owner, or the company).

The IRCA establishes

Personal liability for violations on individuals and not just the firm.

Under ERISA, _________________ are considered fiduciaries. - The people who develop benefits plans - Persons or entities which manage benefits funds - Particular employees skilled in assisting other employees in writing their wills - Company stock advisors

Persons or entities which manage benefits funds

According to the EEOC, color is commonly understood to mean: - The culture to which someone derives - Race - Pigmentation, complexion, or skin shade or tone - Anything that is not Caucasian

Pigmentation, complexion, or skin shade or tone

Which of the following are approved methods for utilizing affirmative action plans? - Placement goals for underrepresented classes - Reserved positions for those who are less qualified - Quotas for hiring protected classes - Reserved positions for protected classes

Placement goals for underrepresented classes

Affirmative Action Plan

Plan that analyzes a workforce to determine whether protected classes are underutilized in different job groups and describes how an organization will address any under-utilization that exists.

The Supreme Court established the _____________ doctrine, which holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues. - American jobs - English-only - Economic function - Political function

Political function

HIPAA restricts employers' use of an employee's __________________________ to exclude coverage or charge more for medical benefits. - Age - Race or national origin - Affinity orientation - Pre-existing medical condition

Pre-existing medical condition

Which of the following is not an approved internal purpose to use personal health care information of employees? - Predicting employment replacement needs - Research into internal systems and processes in the delivery of services - Obtaining payment for services - Treating a patient

Predicting employment replacement needs

Reverse Discrimination

Preferential treatment with regard to hiring or tenure of employment that attempts to remedy past discrimination by means of quote or immunity from layoff.

The __________ prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. - Pregnancy Discrimination Act - Title VII - Civil Rights Act - Anti-gender discrimination Act

Pregnancy Discrimination Act

Executive Order 11246

President Johnson issued this order which required that contractors and their subcontractors doing business with the federal government must have a nondiscrimination clause in contracts and abide by its terms. The Order requires government contractors to "take affirmative action" toward prospective minority employees in all aspects of hiring and employment.

Executive Order 10925

President Kennedy in 1961 introduced the term "affirmative action" (AA) for the concept of redressing the effects of persistent discriminatory employment practices in spite of civil rights laws and constitutional guarantees. Specifically, on March 6, 1961, Kennedy signed an Executive Order which mandated that managers of federally-funded projects "take affirmative action" to eliminate bias in employment practices. This changed the effort to eliminate employment discrimination from the passive to the active.

In a disparate impact claim, plaintiffs may allege that the employer-offered business reasons for adverse employment action is merely a _______ or cover-up for discrimination. - Pretext - Accident - Mistake - Coincidence

Pretext

Which of the following is an important case addressing grooming and dress in gender discrimination? - Green v. Super Plus inc - Griggs v. Burk Power - Price Waterhouse v. Hopkins - Anderson v. United Airlines

Price Waterhouse v. Hopkins

Common Law

Principles developed over centuries as a result of legal decisions made by judges in individual cases.

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the:

Private Sector

Conciliation

Process where a third party acts as an intermediary between the parties to a labor dispute, helping them to reach a settlement.

What is the best workplace policy regarding workplace joking? - Allow joking with individuals of your own race - Prohibit workplace race and color joking - Allow joking regardless of race - It is considered discrimination to not allow someone to make racially insensitive jokes

Prohibit workplace race and color joking

Privacy Act of 1975

Prohibited federal agencies from sharing information collected about individuals.

Older Workers Benefit Protection Act (OWBPA)

Prohibits discrimination against older workers in all employee benefit plans unless age-based reductions are justified by significant cost considerations. Protects waiving of employee rights (for the employee).

The Immigration Reform and Control Act of 1986 (IRCA)

Prohibits employers from knowingly hiring undocumented workers and requires them to verify eligible workers within three business days of hiring.

Electronic Communication Privacy Act (ECPA)

Prohibits employers from purposefully: 1) intercepting by electronic means any employee wire, oral, or electronic communications; or 2) accessing, without permission, stored electronic communications.

Main feature of HIPAA

Prohibits the release of private medical data without the permission of the individual covered

Employees on leave for pregnancy-related issues must be treated the same as other workers on leave. Which of the following is not an example of this? - Vacation time calculations - Promotions to management - Accrual of seniority - Pay increases

Promotions to management

What is the main purpose of the Equal Pay Act of 1963?

Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

What is the main purpose of the Equal Pay Act of 1963? - Protect children being forced to perform labor under minimum wage - Protect qualified individuals with disabilities who work in the federal government - Protect people of different racial backgrounds from being discriminated against - Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

Protect men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

Equal Pay Act of 1963 (EPA)

Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

The Uniformed Services Employment and Re-employment Rights Act

Protects military personnel from employment discrimination.

Which of the following is a good example of accommodating a request for religious advocacy? - Provide for a time and place for religious discussions before and after work and on breaks. - Give permission for employees to send company wide email blasts about religious beliefs - Allow the requesting employee 10 minutes to share religious beliefs over the company intercom - Hold mandatory diversity meetings and allow individual employees to explain their religious beliefs to the company.

Provide for a time and place for religious discussions before and after work and on breaks.

USERRA requires employers to

Provide prompt reinstatement, accrued seniority with retained status and rate of pay, pension vesting and credit for the period for pension benefit computations, retraining and other accommodations and special protections against discharge.

Unemployment Insurance

Provides benefits if a person is unable to work through some fault other than his or her own.

Family and Medical Leave Act (FMLA)

Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health coverage benefits be maintained during the leave.

Monetary damages designed to punish an employer are known as __________.

Punitive Damages

Monetary damages designed to punish an employer are known as __________. - Back pay - Compensatory damages - Punitive damages - Remedies

Punitive damages

Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status is known as ________ sexual harassment. - Premeditated - Hostile environment - Quid pro quo - Authoritarian

Quid pro quo

An employer may be held liable for the actions of others which result in the creation of: - Corporate lawyers to protect employers - Quid pro quo and hostile work environment sexual harassment - Yellow dog contracts - Employee disclosure forms that protect the employer from being sued

Quid pro quo and hostile work environment sexual harassment

Which of the following does AA prohibit? - Preferences - Placement goals - Preferences and placement goals - Quotas

Quotas

The EEOC states that an "employment practice is based on a _______ when it was reasonably designed and administered to achieve a legitimate business purpose in light of the circumstances, including its potential harm to older workers." - BFOW - ADEA - RFOA - EBRI

RFOA

Congress responded to Kennedy's pleas for equality by including _____ and __________ in Title VII of the Civil Rights Act of 1964. - Age : Color - Age : Disability - Race : Disability - Race : Color

Race : Color

Title VII does not specifically define

Race or color

The Immigration and Nationality Act (INA) was important in that it eliminated __________ quotas for immigration and established a strictly nation-based system for calculating immigration quotas. - Hispanic - Race-based - Industrial labor - Gender

Race-based

The situation wherein an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race is referred to as: - Reverse racism - Racial Animus - Disparate impact - Radicalism

Racial Animus

The adoption of a voluntary affirmative action plan must be supported by a(n): - Legitimate fear of discriminatory practices - Executive court order to do so - Reasonable self-analysis - Majority of the company investors

Reasonable self-analysis

Basic requirements of Affirmative Action plans

Reasonable self-analysis; reasonable rationale for taking corrective action; reasonable action.

Due Diligence

Reasonable steps taken by an employer to ensure that applicants are eligible to be hired.

When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs, this is referred to as: - Reduction in older workforce - Decreasing overhead measures - Cost saving measures - Reduction in force

Reduction in force

USERRA entitles returning veterns to

Reemployment following an honorable tour of duty and within a five year period at substantially the same position and pay to that which was held prior to the call.

If a federal contractor is not following AA regulations, the Department of Labor can do all of the following except: - Cancel the contract - Debar contractors from bidding on future contracts - Publish the names of offending contractors - Require a certain number of minorities be hired by a certain date

Require a certain number of minorities be hired by a certain date

Pre-adverse Action

Requirement under FCRA that the employer notify a candidate within 3 business days of the intent to take a negative action based on the credit report.

Drug Free Workplace Act of 1988

Requires federal contractors doing more than $100,000 in business with the federal government to enforce drug-free policies .

"Let the master answer for the servant" applies to which vicarious liability doctrine? - Respondent inferior - Frolic and detour - Respondeat superior - Tort liability

Respondeat superior

What factors drove Congress to pass the ADA Amendments Act? - Uprise by Americans which created political pressures - Response to several United States Supreme Court cases that narrowly construed the definition of disability - Unclear guidelines were pushing the EEOC past the point of being able to handle incoming complaints - Increased numbers of people claiming disability for being overweight

Response to several United States Supreme Court cases that narrowly construed the definition of disability

Lockout

Result that occurs when management shuts down operations to keep employees from working.

Examples of due diligence

Reviewing credit history, education or experience, driving record, military discharge status, criminal records, etc.

Joint Ownership

Right of ownership shared by two or more owners such that on the death of an owner his right passes on to surviving owner(s), the last survivor becoming the full owner.

This defense is applied when the same employer hires and then fires the 40 years or older plaintiff employee claiming discrimination. The courts have concluded that if the employer was willing to hire a person 40 years of age or older, a permissible inference is present that age was not a motivating factor in the ultimate termination of that same employee. - Aged employee defense - Same actor defense - Past performance defense - Bench mark defense

Same actor defense

Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: - Employment characteristics - Scope of employment - Dual purpose mission - Respondeat superior

Scope of employment

Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: - Scope of employment - Respondeat superior - Dual purpose mission - Employment characteristics

Scope of employment

First written warning

Second step in a disciplinary process, which advises an employee that work behavior must change. Lays out steps that have already been taken to advise the employee of the deficit, and describes steps that need to be taken to improve performance and remain employed.

Which of the following is not a method OSHA uses to ensure compliance to OSHA standards? - Ensuring that continual training is taking place - Spot workplace inspections - Secret investigations without the employer's knowledge - Imposing fines for rule violations

Secret investigations without the employer's knowledge

Consumer Report

Section 1681 of the FCRA provides that

What did Congress intend employers to do before claiming undue hardship? - Hold internal fundraisers to provide for disabled employees' needs - Seek external government funding - Shoulder all the weight of providing accommodations - Have all other employees sign a petition as proof of undue hardship

Seek external government funding

Employers have wide latitude in disregarding usual company policy in favor of the disabled employee without running afoul of other anti-discrimination statutes, but generally may not make exceptions to: - Working hours - Seniority rules or collective bargaining agreements - Mandated break times and lunch hours - Job duties and responsibilities

Seniority rules or collective bargaining agreements

Before the final passage of the Civil Rights Act of 1964, Virginia Democrat, Senator Howard W. Smith, inserted into the language of the legislation defining the class of persons protected under the anti-discrimination provisions of Title VII the word: - Religion - National origin - Race - Sex

Sex

A male nurse who is regularly berated by coworkers for doing a "woman's job" or a female employee who is continually mocked for not being "tough enough" to handle a traditionally male job, like driving a truck or negotiating with a union, are examples of: - Discrimination - Sexual harassment - Gender discrimination - Harassment

Sexual harassment

What is Quid Pro Quo sexual harassment? - Sexual harassment where the harasser has equal authority to the harassee - Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status - When a lower employee blackmails upper management with sexual harassment - When a third party not involved with the organization is doing the harassing

Sexual harassment where the harasser has the authority, or apparent authority, over the employee to change the employee's employment status

Title VII requires employers to accommodate only religious practices arising out of _______ beliefs. - Reasonable - Sincerely-held - Long-term - All of the above

Sincerely-held

Which of the following is not considered a "major life activity" by the EEOC and the Supreme Court's definition? - Walking - Sitting - Interacting with others - Sexual reproduction

Sitting

Examples of eligibility tests

Skill, language, aptitude, stamina, intelligence, social skills, and personality tests.

Progressive discipline process

Small problems or violations - information coaching session between manager and employee followed by a verbal warning, then a formal written warning. Suspension or termination for long-standing problems not resolved through earlier intervention efforts or when the employee commits a single serious offense.

Service Fee

Some states prohibit "free riders" and require non-union workers to pay union dues, often called this term.

FCA and whistblower provision

Someone who reports violations of the act receive a portion, usually ~15-25%, of any recovered damages.

What is the meaning of Quid Pro Quo? - Whatever you prefer - Always and forever - At any cost - Something for something

Something for something

Organizational Profile

Staffing pattern analysis

General duty clause

Standard that requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards that could potentially cause death or serious physical harm. This standard also requires employers to comply with all OSHA rules, regulations, and standards.

Intelligence Tests

Standardized assessments designed to assess human ability to learn or understand or to deal with new or trying situations.

Intelligence tests

Standardized assessments designed to assess human ability to learn or understand or to deal with new or trying situations.

The doctrine of a court following the precedent of an earlier court is known as: - Secondary precedence - Stare decisis - Judicial review - Federal rule

Stare decisis

Private employer drug testing is government primarily by

State law. Most states allow for pre-employment testing and requiring post-accident testing of employees.

Which of the following laws has the least amount of power under the Supremacy Clause? - Federal laws - The Constitution - State laws - Treaties and federal regulations

State laws

Which of the following laws has the least amount of power under the Supremacy Clause? - Federal laws - Treaties and federal regulations - The Constitution - State laws

State laws

Four-fifths Rule

States that an employment test or other screening device/process has a disparate impact if the hiring rate for a minority group is less than four-fifths (80%) of the hiring rate for the majority group.

An employer hires a Black salesperson, but assigns the person to territories with a high percentage of Black people or gives him/her only Black person's accounts. What is this an example of? - Steering assignments - Stereotyping - Racial strategy - Racial insensitivity

Steering assignments

Wildcat Strike

Strike that occurs in violation of a contract clause prohibiting strikes during the term of the contract.

In order to establish a prima facie case for age discrimination under the ADEA, the claimant might provide that he/she was treated less favorably than another younger employee. What qualifies as a younger employee? - Substantially younger than the complaining employee - At least one year younger - Younger than the age of 40 - The only qualifier is that they must be younger

Substantially younger than the complaining employee

With worker's compensation, an injured employee receives wage replacements and medical benefits in exchange for relinquishing his/her rights to: - Inform the general public about the incident - Sue the employer - Demand future raises - FMLA time off

Sue the employer

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. Boca Raton, 524 U.S. 775 (1998)

Supreme Court held that an employer may avoid liability for supervisor harassment by proving affirmatively that: 1) the employer exercised reasonable care to prevent and correct the harassment - through training and policy enforcement; and 2) the plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities that the employer provided. This is often called the Ellerth/Faragher affirmative defense.

____________ time off is one element of progressive discipline. - Family and Medical Leave - Bereavement - Vacation - Suspension

Suspension

The Rehabilitation Act of 1973 requires federal contractors and subcontractors to: - Hire women at the same rate as men - Take affirmative action to employ qualified individuals with disabilities - Improve the environment to the extent of damages caused by the manufacturing process - Hire non-English speaking employees regardless of language barriers

Take affirmative action to employ qualified individuals with disabilities

While the facts of such cases are always subject to personal interpretation, is it often more clear when quid pro quo sexual harassment occurs because there is traceable __________ action. - Harassment - Tangible Job - Illegal - Discrimination

Tangible Job

The possible employment outcomes used as part of the exchange in sexual harassment are called: - Post harassment actions - Tangible job actions - Intangible job actions - Unequal employment actions

Tangible job actions

Retaliatory Discharge

Termination of an employee as punishment for engaging in a protected activity.

For age to be a BFOQ, the employer must show:

That the age limit imposed is reasonably necessary to the essence of the employer's business and that: 1) substantially all persons over a certain age are unable to perform specific job functions; or 2) that some individuals over a certain age possess a disqualifying trait which is unascertainable outside of that age. In other words, in some circumstances age can be a proxy for disqualifying conditions where there is no other way to determine them.

In a retaliation referral claim, a former employee must show

That the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistleblowing.

Who supervises COBRA compliance?

The Department of Labor and the IRS.

The FLSA is administered by

The Department of Labor.

When addressing race or color discrimination cases...

The EEOC looks at the "totality of the circumstances."

What entity is notified when an impasse is reached?

The Federal Mediation and Conciliation Services (FMCS)

The fundamental source of United States immigration law is:

The Immigration and Nationality Act of 1952

The fundamental source of United States immigration law is: - The Immigration Reform and Control Act of 1986 - The Control and Nationality Act of 1977 - The Illegal Alien Protection Act 1961 - The Immigration and Nationality Act of 1952

The Immigration and Nationality Act of 1952

NLRA (Wagner Act)

The NLRA guarantees the right of employees to organize and bargain collectively with their employers. Established the National Labor Relations Board for enforcement and oversight of those worker rights.

Upon completion of a legitimate and fair election

The NLRB certifies the winning union as the exclusive bargaining representative for the employees.

What government agency administers HIPAA? - Department of Workforce services - Department of Labor - The Office for Civil Rights in the Health and Human Services Agency - Internal Revenue Service

The Office for Civil Rights in the Health and Human Services Agency

Who administers HIPAA?

The Office of Civil Rights in the Health and Human Services Agency

Whistleblowing

The action of an employee to report the wrongdoings of an employer.

Rebuttal

The action of contradicting or opposing by formal legal argument, plea, or countervailing proof.

Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule? - The application must be fair and reasonable - The application must be enforced for five years prior and five years following - Must be signed off by two district judges - The application must be accepted by the entire company

The application must be fair and reasonable

Common law definition of a tort

The commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability.

Two requirements to trigger liability for race-based harassment:

The conduct must be unwelcome; and The conduct must be sufficiently severe or pervasive to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim's position.

In School Board of Nassau v. Arline, a school board fired a school teacher who had recently recovered from a documented third bout of tuberculosis for fear that the disease would return and pose a risk to school children. Which of the following statements is true? - The courts held that the school had the right to terminate the employment of the teacher to protect the safety of the children - The courts held that the teacher could be terminated because it was a reoccurring illness and therefore more threatening to others - The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act - None of the above are correct

The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act

When a competing union establishes that 30% of the workers wish to join....

The election will be a three-way election , where workers could vote for union #1, union #2, or no union at all. If none of the three receives a majority vote, a runoff will be conducted between the top two vote-getters.

Which group has the duty to seek accommodations if needed? - The position manager - The government - The employer - The employee

The employee

Under the ADA , if an employer is considering two qualified applicants for a job, one disabled and the other not, then: - The disabled person will have to show that he/she is substantially better at the job to receive any legal support. - The employer will have not violated the ADA if he/she chooses not to hire the disabled person because of disability or the requirement that an accommodation be made. - The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made. - If both applicants are truly equal, the employer will be able to choose either without fear of legal ramifications.

The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made.

management may hire permanent workers in an economic strike, only to find that the strike has been labeled an unfair labor practices strike. In that situation

The firm must rehire striking workers as well as keep or compensate replacement workers.

If a construction company hires lawful non-citizen Mexican nationals for laborer positions, but requires U.S. citizenship for managerial posts, then: - The firm has not violated Title VII because it does not apply to non-citizens - The firm has not violated Title VII because it has citizenship as a BFOQ - The firm will have violated Title VII - The firm has not violated Title VII

The firm will have violated Title VII

McDonnell Douglas, Corp. v. Green

The foundational case that established the notion of pretextual discrimination.

The EEOC has established a guideline for determining whether a statistical disparity has a disparate impact upon a particular protected class or classes known as: - The four-fifths rule - The disparity rule - The one-third rule - The discrimination calculation

The four-fifths rule

Severity and Pervasiveness of Unwelcome Conduct, EEOC looks at:

The frequency of the action The severity of the unwelcome conduct The physical or threatening nature of the harassment The impact on the victim's performance

What is the ADA's definition of an essential function? - The critical duties that can only be held by a select number of employees - The general tasks performed throughout a working day in any position - The fundamental duties of the employment position the individual with a disability holds or desires - Any function that must be performed by management or someone within a supervisory role.

The fundamental duties of the employment position the individual with a disability holds or desires

Which of the following is not part of the EEOC's investigation for a discrimination claim? - The physical or threatening nature of the harassment - The severity of the unwelcome conduct - The impact on the organization's performance - The frequency of the action

The impact on the organization's performance

The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether: - The individual meets the definition of disability - The employer needs to comply with ADA standards - The individual truly needs employment - The employer has a history of discrimination

The individual meets the definition of disability

Case Law

The law is laid down in the previous decisions of the courts (distinct from statutes or other sources of law).

Which is NOT a legitimate business reason for basing employment decisions on English language skills? - English is a universal language - The majority of citizens speak multiple languages - English is the national language - Most of the world does business in English

The majority of citizens speak multiple languages

In age discrimination, what is the meaning of a mixed motive? - Different employees discriminating for different reasons - The claimant has ulterior motives for claiming he/she has been discriminated against - Hidden business reasons for discriminating - The many factors which come into play in discrimination cases

The many factors which come into play in discrimination cases

Collective Bargaining

The negotiation process between unions and employers.

Comparable Worth Theory

The notion that men and women should receive equal pay when they perform work that requires comparable skills and responsibilities.

Once the NLRB approves...

The organizing agents reach an election agreement between the employer and union regarding time and place for balloting, the ballot language, the scope of the unit, and a method to determine voter eligibility. The parties then authorize the NLRB to conduct the election. If the parties cannot agree on the election specifics, the NLRB may schedule a hearing and then order the election and set its conditions according to NLRB rules.

Exceptions to WARN notice requirements

The plant shutdown or layoffs are due to a natural disaster The firm experiences a severe and unforeseen loss of capital When the company is faltering and giving notice would prevent obtaining capital to continue operations

Judicial Review

The power of the Supreme Court to consider whether a law complies with the Constitution.

What is a judicial review?

The power of the Supreme Court to consider whether a law comports with the Constitution

What was the purpose of the ADAAA?

The purpose and effect of the amendments was to broaden the definition of "major life activity" to be construed in favor of coverage and to shift the emphasis to compliance rather than strict definitions of disability. As the regulations note: "The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether the individual meets the definition of disability."

One of the main features of HIPAA is its prohibition against: - The release of private medical data without the permission of the individual covered - The punishment of employees expressing themselves through social media - The advancement of employees based on romantic relationships and not merit alone - Workplace violence

The release of private medical data without the permission of the individual covered

Essential Functions

The skills, talents, and education necessary to carry out a job.

Gender Discrimination

The stereotyping of how a male or how a female should act.

What is contributory negligence in the context of a workplace injury? - Another employee, not the employer causes the injury - A customer or client's negligence caused the injury - The injury was caused by a natural disaster - The worker's errant conduct contributed to the injury

The worker's errant conduct contributed to the injury

Disparate Treatment

Theory of discrimination based on different treatment given to individuals because of their race, color, religion, sex, national origin, age or disability status.

In order to establish a claim of intrusion upon seclusion at work, an employee must show that:

There was an unauthorized employer intrusion or prying into his or her seclusion The employer intrusion was highly offensive to a reasonable person The matter intruded upon was private The intrusion caused anguish and suffering

Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that older workers are better workers because: - They create many new and innovative ideas - They are generally early adopters of technology - They have a weak internal compass - They possess abundant knowledge and experience

They possess abundant knowledge and experience

What did the University of Chicago and MIT find about people with names that are generally found in Black communities? - They were more likely to be invited for a job interview - They had the same effect as traditional white names - They were more likely to be invited for a job interview over their white-named counterparts - They were less likely to be invited for a job interview

They were less likely to be invited for a job interview

Pregnancy Discrimination Act (PDA)

This act recognizes pregnancy as a temporary disability and prohibits applicants from being discriminated against in the recruitment process because of pregnancy, childbirth, or related medical conditions. (amendment to Title VII)

IRCA requires employers retain the Form I-9 in a file, separate from the standard personnel file, for a period of ________ year(s) after hire, or ________ year(s) after termination, whichever is longer. - Three : one - Seven : one - Two : one - Five : two

Three : one

The NLRA was amended by

Tightening the Taft-Hartley's Act on prohibitions against secondary boycotts and by prohibiting certain types of "hot cargo" agreements, under which an employer agreed to cease doing business with other employers that handled the firm's products.

All parties may observe elections

To ensure fairness.

What is the purpose of the False Claims Act? - To impose a burden on the government for making false claims to the general public - To require the scientific community to uphold the burden of proof when making claims - To impose liability on persons and firms who defraud governmental programs - To protect the private sector against fake whistleblowing

To impose liability on persons and firms who defraud governmental programs

The Courts have found that "religion" includes: - Only traditional organized religions - Traditional organized religions as well as new, informal, small, or personal religions - Organizations for worshipping established for over 100 years - Having at least 15 members

Traditional organized religions as well as new, informal, small, or personal religions

Which of the following is not a significant tangible job action to show harassment? - Demotion - Alteration in pay - Transfer to another job with the same pay, benefits, duties, and opportunity - Termination

Transfer to another job with the same pay, benefits, duties, and opportunity

Age Discrimination

Treating an applicant or employee less favorably because of his or her age.

TRUE or FALSE: An employer is entitled to set a preference for a particular race or gender where there is a serious imbalance or a long history of bias.

True

TRUE or FALSE: Contractors may not use E-Verify to pre-screen potential employees.

True

TRUE or FALSE: There is no federal law requiring performance appraisals in employment.

True

TRUE or FALSE: A majority of white evangelical Protestants believe that discrimination against them in the workplace is a problem.

True

Under FMLA provisions, how many weeks of unpaid leave is a qualified employee entitled to? - Ten weeks - As many weeks as are needed - Twelve weeks - Four weeks

Twelve weeks

The ADEA prohibits the imposition of a mandatory retirement age.

Two exceptions include: 1) firefighters and police officers; and 2) a small number of corporate executives who carry substantial discretionary authority and will have a company pension of at least $44,000.

Money awards may take the form of back pay for up to ________, for the time an employee was not working, - Six months - Two years - Eighteen months - One year

Two years

How many kinds of strikes are there?

Two: Economic Strike and Unfair Labor Practices Strike

USCIS

U.S> Citizenship and Immigration Services

Which Act prevents an employer from discriminating against a person who is, or has been, in military service? - COBRA - FCA - USERRA - HIPAA

USERRA

___________ is the discrepancy between women and minorities in a particular position as a function of how many qualified women and minorities exist in the constituent market. - Overutilization - Disparate treatment - Underutilization - Disparate impact

Underutilization

The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause: - Unwanted hardship - Lasting hardship - Undue hardship - Annoying hardship

Undue hardship

USERRA

Uniformed Services Employment and Reemployment Rights Act

In making a claim of discrimination or retaliation, a claimant must show that an appraisal: - Is not approved by friend and family character witnesses - Was emotionally damaging - Was completed too quickly and without enough thought - Unjustly resulted in negative job action

Unjustly resulted in negative job action

The unequal treatment of resident aliens versus U.S. citizens is: - Advisable - Lawful but not good business ethics - Unlawful - Not monitored by the federal government

Unlawful

The prima facie case for a hostile work environment claim requires:

Unwelcome conduct towards the victim The objectionable conduct is based upon gender The conduct is sufficiently severe or pervasive to create an abusive working environment The conduct alters the conditions of employment in a way which negatively affects the victim The employer knew or should have known of the unwelcome conduct and took insufficient action to address it

Why is vegetarianism not considered a religion, while Jainism, which espouses vegetarianism, is? - Vegetarianism is an isolated precept while Jainism is a comprehensive belief system. - Jainism is an isolated precept while vegetarianism is a comprehensive belief system. - Jainism has a formal structure with designated leadership and vegetarianism does not. - All of the above

Vegetarianism is an isolated precept while Jainism is a comprehensive belief system.

After a specified period of time, an employee's interests in a pension plan may not be forfeited. What is this known as? - Vesting - Allotment - Investing - Divesting

Vesting

An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or omissions of the employee. This employment law concept is best known as: - Contracted agency - Scope of employment - Respondeat superior - Vicarious liability

Vicarious liability

Pension plans that treat women differently have been found to:

Violate Title VII (even though women outlive men by a number of years).

The EEOC and the Supreme Court found that major life activities included:

Walking, seeing, hearing, speaking, breathing, working, learning, thinking, standing, lifting, caring for oneself, interacting with others, and sexual reproduction.

Totality of Circumstances

What the EEOC looks at when addressing Race or Color employment harassment

What is whistleblowing? - When an employee receives pay and benefits but does not perform his/her expected tasks - When an employee reports a wrongdoing of an employer - When an employer fires a model employee for no reason - None of the above

When an employee reports a wrongdoing of an employer

What is gender plus discrimination? - When an employer classifies employees on the basis of gender, plus another characteristic - When people make fun of overweight individuals of the opposite sex - When a person is solely discriminated against based on gender - When an employee is discriminated against based on grooming and clothing

When an employer classifies employees on the basis of gender, plus another characteristic

An employer can refuse to implement what would otherwise be a reasonable accommodation: - When the employee has not been officially hired - When it would cause undue hardship - When it hurts the company's image - When the action of accommodating is seen as an irritation

When it would cause undue hardship

he EEOC, when judging nation of origin cases looks to:

Whether the behavior was threatening or intimidating How often the conduct occurred What circumstances surrounded the complained-of actions Whether or not management knew or should have known about the harassment and how it responded

Which of the following is not a guideline in determining if an employment rule is a RFOA? - Whether the rule was designed to discriminate against older employees - Whether the factor itself is clear and applied fairly - Whether the employer has clearly defined the business purpose of the factor - The extent to which managers and supervisors are trained to apply the factor without engaging in discrimination

Whether the rule was designed to discriminate against older employees

Taft-Hartley Act prohibitions

Wildcat strikes (strikes not authorized by the union), solidarity or political strikes, secondary boycotts (employment action in support of another union), secondary and mass picketing, monetary donations by unions to federal political campaigns, and closed shops.

Union elections are held

Within 30 days of approval.

In cases where a second language is a bona fide occupational qualification, an employer does not violate Title VII by assigning specific employees to: - Only work in specific geographic areas - Lower-paying jobs - Work with customers of a certain language group - Follow customers they predict to be non-English speakers

Work with customers of a certain language group

Temporary Employee

Worker employed by an agency that screens and tests candidates prior to sending them to a work site for variable periods of time, from short, one-day assignments to longer assignments.

When injuries occur in the workplace as part of the normal course of business, the process of providing remedy is governed by state law and is called: - Remedial welfare - OSHA - Unemployment - Worker's compensation

Worker's compensation

A mass layoff involves

Workforce reductions of at least 50 full-time employees when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.

To make a claim of discrimination under the Equal Pay Act—the prima facie case—an employee must show that two employees of the opposite gender are:

Working in the same place Doing equal work—sufficient commonality of tasks and responsibilities Receiving different and unequal pay

Progressive discipline refers to - learning how to manage employees with extreme political views. - a manager's graduated response to employee poor performance. - a new method of correcting employees based on no overt discipline. - none of the answers provided is correct.

a manager's graduated response to employee poor performance.

Unlike Title VII, the IRCA allows...

an employer to discriminate in favor of a citizen over a legal alien when both are equally qualified.

Once the plaintiff has established the prima facie case, the burden shifts to the employer to show that a neutral policy is job-related and consistent with: - employer preference - a BFOQ - business necessity - internal mission statement

business necessity

Unions have been found to have committed unfair labor practices by

failing to attend scheduled bargaining sessions with the employer, failing to provide union information when requested, coercing workers to join a union, threatening or improperly influencing workers to strike, and encouraging union members to discriminate against non-union workers.

The easiest way to avoid discrimination claims due to performance appraisals

is to apply performance criteria equally to all employees. This is because subjective evaluations are subject to manipulation in response to impermissible criteria, like race, gender, and so on.

The fact that an employee has exercised his or her rights under an anti-discrimination statute does not prevent an employer from taking _______________ against that employee if performance lags or discipline is necessary. - legal action - legitimate job action - adverse treatment - adverse impact

legitimate job action

Under the ADA, pre-employment medical testing is

prohibited.

Rehabilitation Act of 1973

prohibits federal government contractors from discriminating on the basis of disability. This act requires that contractors, including subcontractors, with fifty or more employees and contracts valued at $50,000 or more must take "affirmative action to employ qualified individuals with disabilities." The focus here is to broaden recruitment activities for, and remove unfounded barriers to, persons with disabilities.

OFCCP requires that contractors

provide detailed information and reports regarding employment practices and employee composition, and mandates that the OFCCP be provided access to firm records during an investigation. Additionally, the regulations require that for contracts over $50,000, the contractor must prepare a written AA plan within 120 days of the contract start date. Contractors are also required, in any solicitation or job notice to potential employees, to include a statement that all applicants will be given consideration irrespective of any class characteristic, like race or gender. OFCCP may perform audits on contractors to see if the firms are engaged in good faith efforts to remove discrimination's effects.

What is the term which describes an adverse employer job action based upon an employee's lawful actions? - pretext - disparate treatment - adverse impact - retaliation

retaliation

If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a

retaliatory discharge

When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________ - absenteeism. - wellness. - dissatisfaction. - termination.

termination.

Employees may claim wrongful termination through _________ or constructive discharge. - supreme court - common law - tort claims - discrimination

tort claims

How does the Immigration and Nationality Act (INA) define the term "alien"? - A person born in another country but lives in the United States - both citizens and non-citizens - A person who lacks citizenship or status as a national of the United States - Illegal immigrants only from Canada and Mexico - Every person born outside of the United States

A person who lacks citizenship or status as a national of the United States

The ADA adopted the Rehabilitation Act's definition of a disability as:

A physical or mental impairment that substantially limits one or more major life activities A record of such impairment Being perceived as having such an impairment

Arbitration

A process agreed to by the parties in which, at its conclusion, a neutral third party will impose a binding agreement on both parties.

Comparable Worth

A public policy that advocates remedies for any undervaluation of women's jobs (also called pay equity).

What is a "reasonable self-analysis" as it pertains to an AA plan? - An analysis of how many new employees will need to be hired in the coming fiscal year - A review of every single employee's perceptions of equality in the workplace - A review of what the contractor's workforce looks like - A review of individual employees' self-esteem

A review of what the contractor's workforce looks like

English-only rules

A rule established by an employer that only allows English to be spoken in the workplace; Title VII allows for this rule under certain circumstances where there is no discriminatory purpose or effect.

What is racial animus in the employment discrimination context? - A situation where a test applied to all employees has a negative effect on one group - A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race - A situation where one specific group of people is not allowed into a public area - A situation in which racially-charged conversations take place in the working environment

A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race

Racial Animus

A type of race discrimination in which an employer obviously excludes an applicant from a job opportunity on the basis of race.

Intrusion upon Seclusion

A type of tort in which an employer intrudes upon an employee's private information.

Public Disclosure of Private Facts

A type of tort in which an employer negligently or intentionally discloses an employee's private information.

Appropriation of image or likeness

A type of tort in which an employer uses the name, image, or likeness of an employee for commercial purposes in a way that is not described in the job description.

What was the court's ruling in the Meritor case regarding the claimant's past sexual history? - If there is a voluntary sexual history, the claim cannot be brought before the court - If there is not a voluntary sexual history, the claim may be brought before the court if both parties will agree upon the details of the occurrence - If the victim has provoked the bad conduct, she will be prevented from making a claim of sexual harassment. - A victim's sexual history or behavior is immaterial to a sexual harassment claim

A victim's sexual history or behavior is immaterial to a sexual harassment claim

Regents of the University of California v. Bakke (Bakke)

A white medical school applicant challenged a policy of setting aside 16% of admission spots for "disadvantaged" minority applicants who could also compete in the standard applicant pool. The applicant was qualified to be admitted, and he argued that the strict 16% standard was an impermissible quota and unfair. While not dismissing the principles of AA, the Supreme Court agreed that the AA method used was unlawful, as it gave an unwarranted advantage to minority applicants.

Certain employees can be exempt from FLSA standards. What is the most common description of exempt employees? - Middle-class wage workers in technical fields - A blue-collar worker with minimum skill and a lower-paying position - A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay - A white-collar professional with low responsibilities, few working hours, and median pay

A white-collar professional who has a high degree of responsibility, works long hours, and receives high pay

AA regulations require that federal contracts worth over $50,000 must prepare a written AA plan within ______ days of the contract start date. - 150 - 120 - 90 - 60

120

What is the youngest permitted working age? - 16 - 18 - 12 - 14

14

Under the Americans with Disabilities Act, it is illegal for a company with ____ or more employees to discriminate in employment against qualified persons with disabilities. - 10 - 15 - 20 - 50

15

An FCA provision allows whistleblowers to receive around ______% of any recovered damages. - 15-25 - 5-10 - 25-40 - 40-50

15-25

Money awards may take the form of back pay for up to ________, for the time an employee was not working,

2 years

Worker's compensation benefits are fixed by law and typically include replacement income of how much? - 3/4 normal pay - 5/8 normal pay - 2/3 normal pay - 1/2 normal pay

2/3 normal pay

Amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 require that federal contracts entered into after 1 December, ______, and worth more than _____________ require contractors and subcontractors to undertake AA for specified categories of veterans. - 2003: $50,000 - 2000 : $10,000 - 2003 : $100,000 - 1995 : $50,000

2003 : $100,000

The FLSA requires that an employer pay "time and a half" wages for hours worked beyond __________ in the relevant workweek. - 10 - 40 - 30 - 20

40

WARN requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials ___ days prior to the event. - 70 - 90 - 80 - 60

60

Permissive Bargaining Subject

A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain. These might include the type of grades of employment, technology issues, methods of performing work, or supervision requirements.

Community of Interests

A community of people who align themselves with a common interest to resolve workplace concerns.

Retaliation Claim

A complaint filed by an employee who feels he or she was discriminated against in violation of the law.

Good Faith

A concept that requires a mutual obligation of both parties to participate actively in negotiations by demonstrating intent to resolve a dispute.

Agency

A contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent work on his or her behalf and with the power to bind the principal.

What is a precedent? - A group or person exempt from the laws - An exception to the rule - A controlling rule, example, or guide - Reason a law is made

A controlling rule, example, or guide

Precedent

A controlling rule, example, or guide—which provided a framework for other judges to follow in deciding later cases.

Escalator Principle

A controversial provision of USERRA that requires an employer to place a returning veteran in positions that s/he may have attained, absent the military leave.

Underutilization

A discrepancy between the number of women and minorities in a particular position and the number of qualified women and minorities in the constituent market.

Yellow Dog Contract

A document whereby an employee agrees not to organize or join a union.

Pretext

A false excuse used by an employer to cover up for discrimination.

National Labor Relations Board (NLRB)

A federal administrative agency empowered with legal authority to issue orders to remedy unfair labor practices, oversee union elections, and decertify unions.

What is an Affirmative Action plan? - A plan to have the same number of minorities in the workplace as Caucasian males - An informal plan set about in a working environment to encourage people to accept diversity and differences in the workplace - A government contractor's formal plan establishing employment placement goals and timetables for hiring more women and minorities - A government contractor's formal plan to build offices in more ethnically diverse locations around the United States

A government contractor's formal plan establishing employment placement goals and timetables for hiring more women and minorities

Official Bargaining Unit

A group of workers represented by a union in collective bargaining.

Which of the following is not considered a business necessity for applying an English-only rule? - To protect employees in emergency situations - A majority employee vote for the rule to be instated - To communicate effectively with co-workers - To address safety requirements

A majority employee vote for the rule to be instated

_______ includes an emphasis on recruiting or promoting qualified individuals from a class that may have been or is underrepresented. - Reverse discrimination - Reasonable action - Affirmative action - OFCCP

Affirmative action

Which of the following is not included as a protected group in a federal contractor's mandatory nondiscrimination clause? - Religion - Affinity orientation - Sex - Color

Affinity orientation

The Rehabilitation act of 1973 defines an "individual with a disability" as: - A person who has a physical impairment - A person with a mental impairment which substantially limits one or more of his or her major life activities - A disabled person with a record of such impairment and/or perceived as having such an impairment. - All of the Above

All of the Above

Which of the following is a basic AA plan requirement? - Reasonable-self analysis - Reasonable rationale for taking corrective action - Reasonable action - All of the Above

All of the Above

An employer may not have a duty to accommodate religious beliefs if: - The employee has behaved in a way that is manifestly inconsistent with a religious belief - The employee appears to be seeking a secular benefit by using religion as a pretext - The employee makes the request at a time that is suspect - All of the above

All of the above

Nation of origin discrimination applies not only to a country but to a group of people who share a common: - Language - Culture - Ancestry - All of the above

All of the above

Religious observances include a broad range of activities that could include: - formal meeting attendance - public praying - proselytizing or abstinence from some common practices - All of the above

All of the above

The Rehabilitation Act of 1973: - Governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities - Expanded previous federal responsibilities for research for disabled persons - Expanded training programs with respect to disabled persons - All of the above

All of the above

Title VII prohibits gender discrimination in all aspects of the employment process including: - Hiring - Promotion - Transfers - All of the above

All of the above

Under reasonable accommodation, an employer is not required to: - change its shift management schedule - order other employees to work alternate shifts - violate seniority rules to accommodate an employee - All of the above

All of the above

What factors are causing employees to work until they are older than 55 years old? - Increased desire to work longer - The need for workers to accumulate adequate retirement resources - People living longer lives - All of the above

All of the above

What factors are considered when determining undue hardship? - Size and nature of the business - Extent and cost of the accommodation - The overall resources of the business - All of the above

All of the above

What is a "qualifying event" under FMLA? - The birth or adoption of a child - A serious health condition that makes the employee unable to perform the functions of his or her job - The care of a family member with a serious health condition - All of the above

All of the above

What steps can the Department of Labor take against contractors that don't follow Affirmative Action guidelines? - Cancel contracts - Debar a contractor from bidding on future contracts - Ask the attorney general to seek equitable relief - All of the above

All of the above

When looking at whether an accommodation is an undue hardship, courts look to: - The employer's efforts - The cost of accommodation - The size of the employer - All of the above

All of the above

Benefits of Progressive Discipline

Allows managers to intervene early when problems arise. Creates an atmosphere of good communication between management and staff. Can improve employee performance by creating clear expectations for performance and developing trust. Can improve morale because employees see that good performance is rewarded and poor performance is not. Creates an atmosphere of consistency and fairness. Lays a sound evidentiary foundations for defending against wrongful termination or discrimination claims.

Permissive Bargaining Issues

Also know as voluntary bargaining issues. These items can be negotiated only on agreement by labor and management. (Cannot hold up reaching a bargaining agreement).

FLSA rules for wages received as tips

An EE who receives more than $30/month in tips may be paid $2.13/hr, provided that tips collected in the workweek bring the total payments received to the minimum wage standard. The employer must make up any deficit.

Which of the following is not a guideline for determining nation of origin employment discrimination? - An adverse employment decision against an individual because the person or his/her ancestor associates with a person from a national, cultural, or ethnic group - An adverse employment decision against an individual because the person or his/her ancestor belongs to, or identifies with, a national, cultural, or ethnic group - An adverse employment decision against an individual because the person or his/her ancestor is from a certain country or place - An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past

An adverse employment decision against an individual because the person or his/her ancestor had a negative interaction with the employer in the past

What is E-Verify? - An internet-based system designed to allow employers to post on which employees are most efficient and effective within their realm of work - An internet-based system operated by the federal government designed to determine if a person has been terminated by previous employment - An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States - An internet-based system used to verify if an employer is in compliance with all aspects of a business and federal law

An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States

Customer Discriminatory Preference

An unacceptable pretext of discrimination in which an employer uses race as the basis for a business decision in order to please customers.

Workweek

Any consecutive seven day period.

Concerted Activity

Any effort by employees to join together to seek improvement in working conditions.

Impairment

Any loss or abnormality of a person's physical or mental state.

Traditional views of disabled people have been changing. In 1973, the city of Chicago repealed a law created in the 1880's that forbade disabled people who were diseased, maimed, or unsightly from: - Being employed - Voting - Appearing in public - Marrying non-disabled persons

Appearing in public

What two groups represent the largest number of immigrants living in the United States? - Polynesian and Latino - African and Middle-Eastern - Asian and Latino - Middle-Eastern and Asian

Asian and Latino

Step 4 in Making a Reasonable Accommodation:

Assessment of the reasonableness of necessary accommodation

Ricci v. DeStefano, 557 U.S. 557 (2009)

Candidates for firefighting positions in New Haven, which was seeking to promote the hiring of non-white firefighters, were required to complete a validated qualification test. When the test revealed that non-white applicants did not perform as well as white candidates, the city threw out the test as a qualifying mechanism and started the hiring process anew. Several white applicants who had performed well on the test sued. The Supreme Court held that New Haven had violated Title VII because the test was valid and the decision not to use it was "race-conscious." Human resource professionals must be very careful when eliminating validated tests if the test has been announced to job applicants as one of the criteria for employment.

Once an employer receives the proper paperwork and completes the I-9 forms, he or she is not required to: - Keep the I-9 form for more than 2 weeks - Keep the I-9 form for more than 2 years - Conduct an independent investigation on the validity of the documentation - Keep the I-9 form for more than 2 months

Conduct an independent investigation on the validity of the documentation

Employers must not apply a job performance measure, for all employees, which has a/an ____________ on a protected class of persons. - Positive impact - Disparate impact - Neutral impact - Inordinate impact

Disparate impact

Which of the following is a trigger for race-based harassment liability? A. The conduct must be unwelcome B. The conduct must be sufficiently severe or pervasive to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim's position C. The victim must show discomfort of some form D. Both A and B

D. Both A and B

Which of the following is an exception to the ADEA's prohibition of mandatory retirement ages? A. Firefighters and police officers B. A small number of corporate executives who carry substantial discretionary authority and will have a company pension of at least $44,000 C. Non-pension employees that have turned 70 years of age in a government position D. Both A and B

D. Both A and B

Which two industries are common offenders of the False Claims Act (FCA)? - Defense contractors and the healthcare industry - Defense contractors and the E-commerce sector - The banking industry and the E-commerce sector - The healthcare industry and the banking industry

Defense contractors and the healthcare industry

What are the two different types of pension plans? - Undefined benefit and defined contribution - Defined benefit and defined contribution - Defined benefit and contribution - Defined benefit and actual contribution

Defined benefit and defined contribution

What is the main purpose of the economic realities test? - Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business - Determine if a business has enough economic freedom to hire and fire whomever they deem necessary - Understand the pressure unions are putting on the cost of business - Discover if an organization can afford to hire more employees

Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business

Disparate treatment may be established by _____________ of discriminatory motive. - Direct evidence - Indirect evidence - Personal testimony of disparate treatment - Hearsay

Direct evidence

The EEOC has influenced the judicial interpretation of civil rights legislation by helping to define what consitutes __________. - Prejudice - Racism - Discrimination - Equality

Discrimination

Gender Plus Discrimination ("sex plus" discrimination)

Discrimination that results when an employer classifies employees on the basis of gender, plus another characteristic.

In most states, worker's compensation programs are mandatory for: - Employees - Employers - Federal employers and employees - Employers and employees

Employers and employees

The court case of General Dynamics Land Systems, Inc v. Cline found that: - Only people 40 years of age and older will be highly favored in employment situations - The employer must always favor the young over the old - Employers may always favor the old over the young, even when both candidates are 40 years of age and older - The employer may never favor the old over the young

Employers may always favor the old over the young, even when both candidates are 40 years of age and older

WARN requires

Employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials at least 60 days prior to the closing. Employers are prohibited from plant closings or mass layoffs until the end of the 60-day notice period.

Notwithstanding the protections of Title VII, much progress remains to be made as women continue to trail men in: - Employment compensation and opportunity - Job Stress - The number graduating with masters degrees and doctorates - The numbers voting on important legislation

Employment compensation and opportunity

The independent living movement was instrumental in pushing for federal legislation to protect disabled persons from: - Being enlisted - Not being able to receive social security benefits - Employment discrimination - All of the above

Employment discrimination

False Claims Act (FCA)

Enacted in 1863, this federal law imposes liability on entities that defraud governmental programs. Specifically, the FCA prohibits presenting to the government a false payment claim, creating or using a false record or statement, conspiring to violate the FCA, certifying, without knowledge, receipt of government property, knowingly buying government property from an unauthorized agent, or making or using a false document to avoid or decrease an obligation to pay or transmit government property.

Norris-LaGuardia Act

Enacted in 1932, it governs the interplay between unions and businesses.

National Labor Relations Act

Enacted in 1935, it establishes workers' rights to form unions, collectively bargain, and strike. Also known as the Wagner Act.

Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)

Enacted in 1959, it creates a union member "bill of rights" in order to empower union members and reduce union corruption. overs both workers and unions covered by the NLRA and workers and unions who are covered by the Railway Labor Act, but not public sector workers and unions.

A nursing home decided to reduce costs by terminating its highest-paid and least-productive employees. To ensure that supervisors accurately assessed productivity and did not base evaluations on stereotypes, the employer instructed supervisors to evaluate productivity in light of objective factors such as the number of patients served, errors attributed to the employee, and patient outcomes. Which of the following is true of this example? - This is illegal because it is designed to target older employees - Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA - The legality of this action depends on if the employer is bound by the rules of a right-to-work state - This action is not legal under the EEOC if it has a negative impact on older employees

Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA

TRUE or FALSE: Disabled persons have a higher employment rate than non-disabled persons.

False

TRUE or FALSE: Under Title VII, an employer may favor Blacks from the U.S. over Blacks from Africa or vice versa.

False

TRUE or FALSE: When employees need religious "reasonable accommodations," they are not protected under Title VII.

False

By 2009, the Department of Homeland Security started requiring covered contractors to enroll in E-Verify. What defines a covered contractor? - Federal contract of over $10,000 and having over 50 employees - Federal contract of over $100,000 and employing more than 15 workers - Federal contract of over $50,000 and work performed in the United States within the last 280 days - Federal contract of over $100,000 and work performed in the United States within the last 120 days

Federal contract of over $100,000 and work performed in the United States within the last 120 days

The seminal case establishing the concept of disparate impact is:

Griggs v. Duke Power

The seminal case establishing the concept of disparate impact is: - Blouwer v. Power Corp - Duke Power v. Anderson - Griggs v. Duke Power - Anderson v. Biggs Financial

Griggs v. Duke Power

What is a job group analysis? - Grouping jobs based on the greatest amount of minority disparate treatment - Grouping jobs based on how important they are to the continued operations of the business and deciding which positions can be eliminated - Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group - Grouping minorities and seeing which jobs most commonly support the groups and searching to understand why only these jobs are being filled

Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group

Which of the following situations would not be covered by worker's compensation? - Commuting in a work vehicle - Injuries that occur while entering or leaving work property - Performing work tasks while on the way to work - Horseplay at work

Horseplay at work

What form does E-Verify collect information from? - W-9 - I-9 - W-4 - W-10

I-9

What is the name of the form that the IRCA requires all employers to complete within three days of hiring a new employee? - W-4 - W-10 - I-9 - Working feasibility form

I-9

Which of the following is not examined when determining a case of nation of origin harassment? - Whether the behavior was threatening or intimidating - How often the conduct occurred - What circumstances surrounded the complained-of actions - If the claimant seemed bothered by the conduct at the time

If the claimant seemed bothered by the conduct at the time

O'Connor v. Ortega

Important employer privacy case. Dr. Ortega was a physician and director of training at a federal government medical facility. Officials became concerned with the integrity of Dr. Ortega's administration of the program and allegations of sexual harassment and, while he was on leave, searched Ortega's office and desk to inventory state property. That search produced several incriminating personal items that were used in the dismissal case against Ortega. Ortega complained he had a reasonable expectation of privacy to personal items in his office and the employer search was unlawful. The Supreme Court, without actually deciding the merits of the matter, found that such a search may be reasonable if it is: Justified at the start Limited in scope in its execution

What action did the courts take in the Sheet metal workers v. EEOC case? - Imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union - Banned the formal metal workers union because of discrimination - Required the leadership of the sheet metal workers union be fired based on its discriminatory behavior - Imposed an AA plan in which 50 percent of nonwhite workers obtain membership while excluding new white memberships until a corrective balance has been made

Imposed an AA plan in which 50 percent of nonwhite workers obtain membership while excluding new white memberships until a corrective balance has been made

Pregnancy Discrimination Act

In 1978, Congress enacted amendments to Title VII, known as the Pregnancy Discrimination Act (PDA). The PDA prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.

If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule: - And allowed to appeal the rule - Directly by management - By specific departments - In their native language

In their native language

United Steelworkers v. Weber, 443 U.S. 193 (1979)

In voluntary affirmative action plans, private employers may lawfully use race and gender in employment decisions where there has been a historical "manifest imbalance" in the workplace when that effort is limited in duration and scope and when it is not a quota system

To increase defensibility of a drug testing program, employers will:

Include a clear policy in the employee handbook that defines the purpose of the policy and a business reason for testing Identify when testing can be expected (pre-employment; randomly throughout employment; post-accident) State the procedure required for those utilizing prescription medication Stipulate the consequence of a positive drug test

What did Executive Order 8802, issued by President Franklin D. Roosevelt, entail? - It banned segregated public facilities such as restrooms and eating areas. - It called for all able Caucasian males between the ages of 18 and 35 to enlist and protect the country during World War II. - It called for equality for protected classes in the workforce to ensure that all people would be able to prosper in the recovery of the Great Depression. - It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.

It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.

Importance of the Norris-LaGuardia Act

It was the first significant comprehensive labor statute governing the interplay between unions and business. - Formally established the legitimacy of unions and labor organizing efforts - Articulated that employment to a worker was more significant than the worker to the firm - Established a public policy recognizing that collective bargaining was the only way workers could effect meaningful change in the conditions of their employment - Curtailed the use of federal courts to intervene or issue injunctions in labor disputes - Declared yellow dog contracts to be against public policy and rendered them unenforceable in any United States court

Workers who are opposing discriminatory practices under the PDA, filing a discrimination charge, testifying, or participating in an investigation, proceeding, or litigation under Title VII: - Can be terminated if the charges are dropped by the court - May not be retaliated against for opposing discriminatory employer practices - May not be permitted to work with the employer anymore - May be retaliated against if the best interest of the business is in mind

May not be retaliated against for opposing discriminatory employer practices

If the employer produces a legitimate business reason for the job action, under the _________________ formula, the burden shifts back to the employee to demonstrate that the employer's proffered reason is pretextual. - Price Waterhouse - Anderson Cooper - Hopkins - McDonnell Douglas

McDonnell Douglas

_______________is the foundational case that establishes the notion of pretextual discrimination. - McDonnell Douglas, Corp. v. Green - Griggs v. Duke Power -McDonnell Douglas v. Griggs - Green v. Duke Power

McDonnell Douglas, Corp. v. Green

Title VII allows for English-only rules under certain circumstances where there is: - A discriminatory purpose and effect - No discriminatory purpose or effect - A vote on the rule by all employees - A majority of English employees

No discriminatory purpose or effect

If no union is elected, or the union is decertified

No further action is taken by the NLRB.

A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was: - A violation of Title VII - Not a violation of Title VII - Not a violation of NLRA - A violation of NLRA

Not a violation of Title VII

Paying for overtime work with compensatory time is: - Allowed for both public and private employers - Not allowed for private employers but is allowed for public employers - Not allowed for both public and private employers - Allowed for private employers and not allowed for public

Not allowed for private employers but is allowed for public employers

Tip pooling

Not allowed under the FLSA.

Vietnam Era Veteran Readjustment Assistance Act

Passed in 1974, it requires contractors to take affirmative action toward veterans. Amendments to the act require that federal contracts entered into after 1 December, 2003, and worth more than $100,000 require contractors and subcontractors to undertake AA for specified categories of veterans, which includes a priority referral requirement for employment openings. This legislation also requires employers to report on the number of current employees who are veterans.

ADA Amendments Act (ADAAA)

Passed in 2008, it amends the ADA by adding new protections for employees with disabilities.

________________ discrimination is when an employer's policies have the purpose or effect of assigning employees to particular aspects of a business enterprise based upon a protected class characteristic and with no apparent legitimate business necessity. - BFOQ - Comparative evidence - Direct evidence - Pattern and practice

Pattern and practice

An employer may claim that 50 percent of employees are non-white minorities or women. However, if the minority employees or women are concentrated in low paying positions, and all the white employees hold high paying managerial positions, this would be best described as:

Pattern and practice discrimination

A/An __________ is a single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period. - Affected employee center - Employment consolidation - Plant closing - WARN violation

Plant closing

Gender plus discrimination may also involve age, as in hiring younger women over older women as child care workers or receptionists. In this case, age is the: - Main point of discrimination - Plus factor - Only discriminating factor - Main factor and gender is the plus

Plus factor

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) and its 2008 Amendments (ADAAA) prohibit disability discrimination in the: - Private sector - Public sector - Public and private sector - Federal contractors

Private sector

A 2008 amendment to the FMLA allowed for a twenty-six week period of leave for: - Qualifying family members of veterans seriously injured in the line of duty - Individuals battling cancer or assisting family members in overcoming cancer - Individuals attempting to adopt a child from a foreign country - Individuals involved in a paralyzing accident

Qualifying family members of veterans seriously injured in the line of duty

Nation of origin employment discrimination is often linked to ________ and ____________ discrimination because those factors are closely associated with a specific country or ethnic group and often the same set of facts support the varied claims. - Race : religion - Race : color - Race : disability - Age : race

Race : religion

Direct Evidence

Real, clear evidence of discrimination that requires no interference or consideration to prove its existence.

The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? - Instructions: Who controls when, where, and how work is to be done? - Relationship: How many hours per year do the employee and employer spend time together outside of work? - Integration: How closely are the employer business processes linked to a worker's performance? - Training: How much training does the employer give?

Relationship: How many hours per year do the employee and employer spend time together outside of work?

The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? - Instructions: Who controls when, where, and how work is to be done? - Integration: How closely are the employer's business processes linked to a worker's performance? - Training: How much training does the employer give? - Relationship: How many hours per year do the employee and employer spend time together outside of work?

Relationship: How many hours per year do the employee and employer spend time together outside of work?

A clear definition of religion has proved elusive because: - People can only perceive religion through their own understanding - Religious beliefs are so diverse and uniquely personal - Religion is impossible to define - The meaning of "religion" has changed many times over the past century

Religious beliefs are so diverse and uniquely personal

To determine whether a religious request is an undue hardship, employers may consider all of the following except: - The potential disruption - Co-workers and customers - Business operations - Religious practicality

Religious practicality

What is the legal term which describes the relief a person may obtain when he/she is successful in establishing a discrimination claim under Title VII ? - Compensation for time lost - A formal apology - Remedy - Significant amount of money

Remedy

Executive Order 11246

Requires that any federal contract for services with a value over $10,000 must include the following nondiscrimination clause, with which the contractor must comply: During the performance of this contract, the contractor agrees as follows: (1) the contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

In a ____________ referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistleblowing. - Defamation - Discriminatory - Retaliation - Negligent

Retaliation

Title VII contains no language prohibiting "harassment" or "____________," but courts have recognized the claim because harassment is equivalent to discrimination in its employment opportunity limiting effects. - Discrimination - Sexual harassment - Racism - Hazing

Sexual harassment

The prima facie case for gender plus discrimination based on family composition would not require the complaining workers to show which of the following? - They have small children - They are qualified for the job - Similarly situated workers of the same gender, with small children, are treated more favorably - They suffer an adverse employment action

Similarly situated workers of the same gender, with small children, are treated more favorably

The EEOC provides the following example: An employee with breast cancer is undergoing chemotherapy. As a consequence of the treatment, the employee is subject to fatigue and finds it difficult to keep up with her regular workload. So that she may focus her reduced energy on performing her essential functions, the employer transfers three of her marginal functions to another employee for the duration of the chemotherapy treatments. The second employee is unhappy at being given extra assignments, but the employer determines that the employee can absorb the new assignments with little effect on his ability to perform his own assignments in a timely manner. Which of the following is true? - The cancer patient is causing undue hardship by not being able to fulfill all the expected responsibilities. - Undue hardship falls upon the second employee. He would have a case in court for undue hardship with the additional responsibilities. - Since the employer cannot show significant disruption to its operation, there is no undue hardship. - There is evidence of undue hardship with both the disruption in work and the agitation of the second employee.

Since the employer cannot show significant disruption to its operation, there is no undue hardship.

If a contractor determines underutilization is occurring, it must: - Fire majority employees until the balance has been brought back - Report the finding to the OFCCP immediately - Take a reasonable action to remedy the imbalance - Report the finding to the EEOC immediately

Take a reasonable action to remedy the imbalance

Medical testing is governed by

The ADA.

___________________is the federal act that allows an employee - at his or her own expense - to continue company health care benefits for up to eighteen months when he or she leaves a job. - The Employee Retirement Income Security Act - The Fair Labor Standards Act - The Family and Medical Leave Act - The Consolidated Omnibus Budget Reconciliation Act

The Consolidated Omnibus Budget Reconciliation Act

Schuette v. Coalition to Defend Affirmative Action, __ U.S. __(2014)

The Supreme Court upheld Michigan's voter-approved Proposal 2, which made unlawful any discrimination or preferential treatment based upon a class characteristic in public education, government contracting, and public employment. This had the specific effect of undoing Michigan's university admissions rubrics, which allowed for consideration of race and gender in evaluating college applications. The general effect of this was to put into question whether other university applications systems nationwide, which allow for preferences, are valid.

Sugarman v. Dougall, 413 U.S. 634 (1973) is an important case that established

The Political Function Doctrine. hich holds that Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues. In other words, legal aliens may be excluded from consideration for such positions. Finally, the Immigration Reform and Control Act prohibits employment discrimination on the basis of citizenship in firms with four or more employees.

The Church of Jesus Christ of Latter-day Saints maintained a policy that all of its employees be required to meet a strict standard of personal commitment to the church principles represented by a worthiness certificate. Amos, a janitor at a church-owned gymnasium, failed to obtain the certificate and was terminated from employment. The Supreme Court in the case of the Corp. of Presiding Bishop v. Amos 483 U.S. 327 (1987) found that: - Section 702 did not apply because Amos was only a janitor - The Section 702 exemption covered all Latter-day Saint employees because of the church's broad range of activities, which included providing health care, education, and ranching services. - Section 702 did not apply and Amos was able to press charges against the Church of Jesus Christ of Latter-day Saints - The Section 702 exemption covered all Latter-day Saint employees because every employee was also a religious minister.

The Section 702 exemption covered all Latter-day Saint employees because of the church's broad range of activities, which included providing health care, education, and ranching services.

In the Regents of the University of California v. Bakke (Bakke) case, a white medical school applicant challenged the University of California at Davis' policy of setting aside 16% of admission spots for "disadvantaged" minority applicants who could also compete in the standard applicant pool. Mr. Bakke was qualified to be admitted, and argued that the strict 16% standard was an impermissible quota and unfair. Which of the following is correct? - The Supreme Court held that Bakke did not have a case because the University of California was a private institution, thus it did not have to abide by the stringent rules public universities had to. - The Supreme Court held that because the set aside pool of minority applicants was under 20%, it was not enough to be a discriminatory portion. - The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants. - The Supreme Court held that the AA methods were legal and that Mr. Bakke did not have a viable case.

The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants.

Which of the following is not something a complaining party must show in a case of pretext?

The complaining party was previously employed by the employer in question

Which of the following is not something a complaining party must show in a case of pretext? - The complaining party was qualified for the position - The complaining party was denied the position - The employer kept looking to fill the position - The complaining party was previously employed by the employer in question

The complaining party was previously employed by the employer in question

Why did public opinion swing away from organized labor?

The confirmed connection of the International Brotherhood of Teamsters to organized crime, as well as revelations of corruption, racketeering, and abuse of union dues.

The ADA defines essential functions of the job as

The fundamental duties of the employment position the individual with a disability holds or desires. A job function may be considered essential for any of several reasons, including: The position exists to perform the function. There are a limited number of workers among whom the function may be distributed. The task is highly specialized. The ADA usually leaves to the employer's judgment the determination of which functions are essential, but evidence of whether a particular task is essential may be found in: Formal job descriptions prepared before the job is announced and filled The percentage of time spent on the job performing a function The consequences of the task not being done The elements of a job deemed essential in a collective bargaining agreement Work and educational experience required to undertake the task Work experience necessary

What is happening to the number of people who continue to work after the age of 55? - The number of people working after the age of 55 is dropping - The number of people working after age 40 has been relatively stagnant for years - The number of people continuing to work after the age of 55 is rising - The new health care reform has caused it to change drastically

The number of people continuing to work after the age of 55 is rising

Why was it permissible for a Jesuit university to deny a qualified Jewish philosophy professor a teaching position at the university on the basis of his religion? - The Jesuit university had a completely different teaching format that the Jewish professor had never been exposed to - The requirement that a professor also be a Jesuit was wholly consistent with the university's mission to expose students to education in the context of the Jesuit tradition. - It is against the Jesuit religion to learn anything from a Jewish teacher, no matter the education level or subject matter - None of the above answers are correct

The requirement that a professor also be a Jesuit was wholly consistent with the university's mission to expose students to education in the context of the Jesuit tradition.

Privacy

The right of an individual to be left alone.

What did the U.S.C. Section 1981 provide to all citizens, including those of African descent?

The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws

What did the U.S.C. Section 1981 provide to all citizens, including those of African descent? - The right to have segregation between people of different racial backgrounds - The banishment of all segregation for the purpose of creating equality among all people - The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws - The abolishment of slavery

The right to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws

If an employee's ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee: - The same as they would treat any employee not fulfilling his/her duties - The same as they would any other female employee - The same as any other temporarily disabled worker - As if he/she is unable to perform any kind of job function

The same as any other temporarily disabled worker

Griggs v. Duke Power, 401 U.S. 424 (1971)

The seminal case establishing the concept of disparate impact.

Part of the increase in disability discrimination complaints to the EEOC is caused by: - The slowness of employers to modify negative stereotypical thinking about disabled employees - The increasingly fast-paced workforce environment - Disabilities becoming less common among the general public, which means fewer disabled people to work with - All of the above

The slowness of employers to modify negative stereotypical thinking about disabled employees

What is a bona fide occupational qualification? - Discrimination is allowed based on employer preferences - A knowledge or skill that is required by the job description - Having a direct job referral with reasoning as to why the employee would be the best fit for the given position - The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise.

The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise.

For Title VII purposes, religious beliefs cover: - The ultimate ideas about life, purpose, and death - The underlying reasons of why people do what they do - Strongly-held beliefs - Life altering choices or actions

The ultimate ideas about life, purpose, and death

Arising out of and in the course of employment means

There must be a nexus, or causal link, between employment and the time, place, manner, and cause of the injury.

Why are performance appraisals potential liabilities to employers? - They make employees feel uncomfortable - Employees can become offended and sue if they receive a poor appraisal - They cause managers to be in rooms alone with employees - They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues

They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues

When workers wish to form or collectively join an existing union...

They must submit a petition to the NLRB which identifies that at least 30 percent of the constituent workers are interested. Unions typically use authorization cards - individual forms in which a worker states a wish to be represented by the union - as evidence of employee support. The NLRB then investigates to make sure that it has jurisdiction, the union is qualified, and there are no existing labor contracts barring an election.

The Federal Mediation and Conciliation Services (FMCS)

This entity works with the parties to promote agreement and avoid lockouts and strikes, but if that fails, the union may strike or the employer may initiate a lockout. According to this entity, "mediation is a voluntary process, bringing a neutral third-party into a negotiation as a facilitator. It may or may not lead to an agreement between the parties. Arbitration is a process agreed to by the parties in which, at its conclusion, a neutral third-party will impose a binding agreement on both parties."

What was an unintended consequence of the Clayton Act?

This exemption from anti-monopoly laws was that union officials were able to forcibly drive out independent or alternative employee bargaining groups. This began the consolidation of union power and subsequent union abuses.

On March 6, 1961, Kennedy signed Executive Order 10925, which mandated that managers of federally-funded projects "take affirmative action" to eliminate bias in employment practices. Which of the following statements is true? - This took the effort to eliminate employment discrimination from the active to the passive. - This took the effort to eliminate employment discrimination from the passive to the active. - This put the burden of proof of discrimination on the employee or potential employee being discriminated against. - This took the effort to eliminate employment discrimination from the employer to the employee.

This took the effort to eliminate employment discrimination from the passive to the active.

What is the purpose of the Pregnancy Discrimination Act? - To ensure that if a man has a pregnant spouse, he can receive the same treatment as though he himself was pregnant - To prevent pregnant people from discriminating against other people - To prevent pregnant individuals in the workplace from receiving special treatment - To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions

To prohibit employment discrimination on the basis of pregnancy, childbirth, or related medical conditions

As with other protected classes, ___________ prohibits harassment related to nation of origin. - NLRB - OSHA - Title VII - NLRA

Title VII

Political Function Doctrine

Title VII is not violated when citizenship is a requirement for non-elected governmental positions when those positions require formulation, execution, or review of public policy issues

Test Content Validity

To be a valid and legal discriminating tool, such a test must be shown by job analysis data to effectively measure the job-related skill required by business necessity.

What was the reasoning behind Congress' enactment the Worker Adjustment Retraining Notification Act? - To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training - To give non-performing workers the opportunity to improve and grow instead of being laid off - To give employers an opportunity to look for better employees before they terminate their old ones - To give legal aliens the opportunity to adjust to the fast-paced American work ethic before terminating them for under performance

To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training

The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake. - Unilateral - Unanimous - Unplanned - Quick

Unilateral

The LMRDA created a

Union member "bill of rights" which included the right to attend union meetings, vote in elections and on union business, and nominate and vote for candidates in secret elections. Additionally, members were now authorized, after the exhaustion of union grievance procedures, to bring the union to court, and were entitled to due process - notice and an opportunity to be heard - prior to any union discipline. The fact that these rights, which appear to be obvious privileges of union members, had to be spelled out by statute reflects the depth of abuses on union democratic processes.

Restraints on union practices included in the LMRDA

Unions were required to hold elections for officers every three years, and candidates for office could have access to voter rolls. A process was put in place to challenge election irregularities. Additionally, unions were compelled to submit annual financial reports to the Department of Labor and were limited in the temporary suspension of union democratic processes. Standards were defined and put in place for increasing union dues. There were also changes in the rules governing union officers, which included the command that every union officer must act as a fiduciary in handling the assets and affairs of the union, must disclose conflicts of interest, and may not be a convicted felon. The LMRDA made it a federal crime to embezzle or steal union funds. The LMRDA does not displace state laws governing unions' relations with their members except to the extent that those state laws would conflict with federal law.

Workers Compensation

A form of insurance that provides wage replacement and medical benefits for employees injured while at work in exchange for relinquishment of the right to sue the employer for negligence.

Bargaining Unit

A group of employees performing jobs in an industry with sufficient "community of interests" to constitute a unit to be represented in collective bargaining.

Race

A local geographic or global human population distinguished as a distinct group by genetically transmitted physical characteristics.

Business Necessity

A practice necessary for safe and efficient organizational operations.

Covenant of Good Faith

A presumption that each party in a contract will deal with each other in good faith and fairness.

Arbitration

A procedure for resolving collective bargaining impasses by which an arbitrator (third party) chooses a solution to the dispute.

Economic Realities Test

A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer. Courts which have applied the economic reality test look at the following: • the degree of control exerted by the alleged employer over the worker; • the worker's opportunity for profit or loss; • the worker's investment in the business; • the permanence of the working relationship; • the degree of skill required to perform the work; and • the extent to which the work is an integral part of the alleged employer's business.

Scope of Employment Test

Activities of an employee that are in furtherance of duties that are owed to an employer and where the employer is, or could be, exercising some control, directly or indirectly, over the activities of the employee.

Supremacy Clause

Article VI, Paragraph 2, of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Tangible Employment Action

As defined by the Supreme Court, "a significant change in employment status, such as hiring, firing, failing to promote, re-assignment with significantly different responsibilities, or a decision causing a significant change in benefits."

Hostile Work Environment

As deigned by the Equal Employment Opportunity Commission (EEOC), a work environment in which an individual or individuals are subjected to a pattern of harassment biased according to protected classifications or unwelcome verbal or physical conduct "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment."

Defamation

Communication that damages an individual's reputation in the community, preventing them from obtaining employment or other benefits.

Constructive Discharge

Dismissal that occurs when an employer forces an employee to resign by creating a work environment that is so unpleasant that a reasonable person would resign.

NLRB

Government agency established by the NLRA to enforce its provisions. It is charged with conducting elections and preventing and remedying unfair labor practices. The NLRB does not instigate actions of its own, it merely responds to charges of unfair labor practices or petition for representation elections files in one of its offices.

IRS 20-factor Analysis

Guide to employers in determining if workers are indeed independent contractors; 20 items.

Mandatory Bargaining Issues

Items in collective bargaining that a party must discuss/negotiate if they are introduced by the other party. Examples include pay and employee security.

OSHA

The 1970 safety and health act establishing workplace standards for safety and establishing the Occupational Safety and Health Administration for enforcement and oversight of those standards.

Employment at will

U.S. law that states that organizations can generally hire, fire, or promote a person for any reason at any time. In addition, employees can leave for any reason at any time.