Bule Ch 18

Equal Pay Act seniority quantity of production

• The ..............1..............requires that men and women be paid equally where they work for the same employer and are doing equal work except where such wage differential is made because of any factor other than sex such as .........2..........or .......3............. .

Equal Pay Act

Act that requires men and women to be paid equally when they are doing equal work in the same organization., men and women must be paid equally for doing equal work

Title VII of the Civil Rights Act race sex color religion national origin

...................1..................prohibits employers, unions, or employment agencies from discriminating in respect to hiring, firing, promotion, or other terms and conditions of employment on the basis of an employee's or applicant's .......2............., ........3............, ...........4........., ........5............, or ...........6........... .

Affirmative action California Texas Washington reverse discrimination

.................1................... programs are an attempt to remedy past acts of discrimination and have often been imposed by court orders or consent decrees. • Such programs have been outlawed by voter propositions in the states of ........2........, .........3.......and .............4..........and have generated lawsuits claiming .........5........... by whites and/or males.

anti retaliatory sexual harassment

Charges of sexual harassment by supervisors sometimes result in retaliation against the complaining employee. • Title VII includes an "..........1..........." provision which prohibits retaliation against an employee who files...................2.............. charges.

Pregnancy Discrimination Act same

Congress enacted the ............1............. that requires employers to provide the .........2.............compensation for disabilities related to pregnancy and childbirth as they provide for any other disability.

Genetic Information Nondiscrimination

GINA

state governments federal government

Historically, the power to regulate conditions of an employment relationship was considered a right of the ...............1...................... • This began to change in the early 1960's as the ................................2............................adopted numerous statutes attempting to eliminate various types of discrimination in the workplace.

Age Discrimination in Employment Act 40 65 compensated executives

In 1967, Congress passed the ....................1.............(ADEA) which prohibited employers, unions, and employment agencies form discriminating against individuals on the basis of age. - Initially, protection was granted to individuals in the .........2........-to-..........3.......... age range. - In 1986, the upper age limit was eliminated except for highly ...................4.................... in high level policy making positions.

health insurance companies benefits premiums employers hiring firing compensation

In May of 2008, President Bush signed the Genetic Information Nondiscrimination Act (GINA). • GINA prohibits ...........1................ from using genetic information to deny ........2..........or raise ............3........for individual policies. And GINA prohibits ............4...............from using genetic information to make decisions in the workplace. • Employers who use genetic information to make decisions about ........5............., ...............6......... or ..............7..............can be fined as much as $300,000 for each violation. • GINA took effect in late November of 2009.

sexual orientation Employment Nondiscrimination Act

No federal law prohibits employment discrimination based .................1................; however, Congress has considered the ...............2..................... (ENDA) for several terms. • A small but growing number of states (including Maryland) plus many local ordinances prohibit employment discrimination based upon .................1.............. and/or ........(1).........identity.

Employment Non-Discrimination Act Healthy Families Act

Pending Federal Employment Legislation The following legislation is being debated in Congress: • The ....................1.................... would prohibit employers from discrimination against employees or applicants on the basis of their sexual orientation. • The ......................2................... would require employers with 15 or more employees to provide a minimum paid sick leave of seven days annually for employees who work at least 30 hours per week and a prorated number of days for employees who work between 20 and 30 hours per week.

quid pro quo hostile work environment

Sexual Harassment Since 1986, courts have been receptive to claims of Title VII violations by employees who contend that they were unfavorably treated in employment decisions because they refused to cooperate with the sexual advances of a supervisor, fellow employee, customer, etc. (i.e. were sexually harassed). • The courts broadly recognize two types of sexual harassment: .......1........... and ................2.....................

bona fide occupational qualification

Situation in which gender, religion, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of the business or enterprise; aka BFOQ

The Civil Rights Act of 1991 Title VII ADA ADEA violate

This Act provides that .........2........., the ..........3..........and ...............4.................apply to U.S. citizens employed in foreign countries by American-owned or controlled companies unless compliance would cause the company to ..............5..............the law of the foreign country in which it is located.

Equal Employment Opportunity Commission

The ....................1............................. (EEOC) is now the primary enforcement agency for most federal anti-discrimination laws.

Faragher Ellerth affirmative defense promptly sexually harassing behavior failed

The ...............1............... is a valuable tool that can help employers avoid liability for alleged unlawful sexual harassment. The United States Supreme Court first articulated the defense in the 1998 companion cases of Faragher v. Boca Raton and Burlington Industries, Inc. v. Ellerth. This affirmative defense is available for claims of harassment under Title VII of the Civil Rights Act of 1964 when the employer can prove: - That the employer exercised reasonable care to prevent and correct .............2........any .........3...........; and - That the plaintiff employee unreasonably .........4..........to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

reasonable accommodations undue hardship

The ADA requires employers to make ...........1............. for the physical or mental limitations of an otherwise qualified individual with a disability unless to do so would impose an ...............2................

ADA Amendments Act

The ADAAA makes changes to the definition of the term "disability," clarifying and broadening that definition—and therefore the number and types of persons who are protected under the ADA and other Federal disability nondiscrimination laws. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. However, it changes the way that the statutory terms should be interpreted.

b business necessity

Theories of Discrimination Under Title VII of the Civil Rights Act of 1964 Two theories are available to plaintiffs who allege illegal employment discrimination: ...............1..............(unintentional discrimination) arises from policies that appear neutral, but have an adverse impact on a protected group. • Employers may defend by proving that the policy is actually job related and consistent with ..............2............ (i.e. that this policy is job related). 1 a) Disparate treatment b) Disparate impact

a bona fide occupational qualification

Theories of Discrimination Under Title VII of the Civil Rights Act of 1964 Two theories are available to plaintiffs who allege illegal employment discrimination: ............1........... (intentional discrimination) which arises from treating similarly situated employees differently because of a prohibited factor such as race. • Under the ...............2........... (BFOQ) defense, intentional discrimination is permitted where reasonably necessary to carrying out a particular job function in the normal operations of the business 1 a) Disparate treatment b) Disparate impact

Lilly Ledbetter Fair Pay Act

This act amended title VII and the Age Discrimination in Employment Act to clarify that a discriminatory compensation decision occurs each time compensation is paid pursuant to the discriminatory compensation. Employee must file an EEOC complaint within 180 days of their most recent paycheck.

quid pro quo

a form of sexual harassment in which employment outcomes, such as hiring, promotion, or simply keeping one's job, depend on whether an individual submits to sexual harassment

hostile work environment

a form of sexual harassment in which unwelcome and demeaning sexually related behavior creates an intimidating and offensive work environment