Employment law

Executive Order 11246 requires that any federal contract for services with a value over __________ must include the standard nondiscrimination clause.

$10,000

Federal government and federal contractors doing over _____ in business have to take affirmative action to hire qualified disabled persons.

$10,000

The federal Drug Free Workplace Act of 1988 requires federal contractors doing more than ________ in business with the federal government to ensure a drug-free workplace through education and enforcement of drug-free policies. However, it does not require drug testing.

$100,000

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.

$300,000

Under the rules of the NLRA, only _________ may be designated as the official bargaining unit for workers in a particular location or industry.

1 union

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

1 year

When looking at whether an __________, courts look to the employer's efforts, the cost of accommodation in terms of wages and administration, the type of job involved, and the size of the employer.

Accommodation is a hardship

A workplace may become polluted with _________ under Title VII through the conduct of a supervisor, co-workers, or non-employees such as customers or business partners over whom the employer has control.

Actionable discrimination

The employer must show how the ___________ will create an undue hardship and may not merely speculate on the issue.

Actual costs of accommodating

An employer who knowingly hires illegal workers cannot use the defense of their illegal status as a basis for _________________ employment actions.

Adverse discriminatory

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

Adverse job action

The focus of _____ is to assist historically disadvantaged groups in employment, which includes women, Blacks/African Americans, Asians, Pacific Islanders, disabled persons, and veterans. ______ has its genesis in presidential action.

Affirmative Action

________ includes an emphasis on recruiting or promoting qualified individuals from a class that may have been or is underrepresented. The law allows for a firm to set a placement goal in employment practices for underrepresented groups.

Affirmative Action

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

Affirmative Action (AA)

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.

Affirmative action

Subsequently, 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.

Affirmative action

A government contractor's formal plan establishing employment placement goals and timetables for hiring more women and minorities

Affirmative action plan

Enacted in 1967, it protects employees who are 40 years of age and older. It applies to public and private employers and unions with more than 20 employees

Age Discrimination in Employment Act (ADEA)

This rise in older workers remaining in the workplace longer carries with it a concomitant rise in ______________ claims.

Age discrimination

The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence.

Age stereotypes

______ is a contract relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on their behalf and with the power to bind the principal.

Agency

The Uniformed Services Employment and Re-Employment Rights Act (USERRA) applies to employers with how many employees?

All employees regardless of size

John F. Kennedy made the proposition to Congress that race had no place in:

American life or law

An _____ must contain three basic requirements: Reasonable self-analysis Reasonable rationale for taking corrective action Reasonable action

AA plan

All employers with 15 or more employees are required to comply with the ____.

ADA

Under the _____, a covered employer must modify or adjust a job application process, work environment, job duties, or conditions or physical facilities in order to enable an otherwise qualified disabled employee to perform the essential function of a job.

ADA

Passed in 2008, it amends the ____ by adding new protections for employees with disabilities

ADA amendments Act

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

ADA's definition of an essential function

The ______ retains the basic structure and protections of the ADA, but adds new protections for persons with disabilities in the workplace. 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.

ADAAA

The ______ specifically lists impairments which will always meet the criteria for disability: deafness, blindness, intellectual limitations, partial or complete missing limbs, autism, cancer, cerebral palsy, diabetes, HIV, multiple sclerosis, muscular dystrophy, and various mental health disorders. On the opposite side, the ____ provides that sexual orientation, gender identity, and compulsive gambling are not disabilities.

ADAAA

The _____ prohibits elimination of an older worker's position for budgetary reasons

ADEA

________ 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.

ADEA waiver

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:

ADEA waivers

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

Abuse of discretion

Occasionally, if the employee has behaved in a way which is manifestly inconsistent with a religious belief, appears to be seeking a secular benefit by using religion as a pretext, or makes the request at a time which is suspect, then an employer may not have a duty to accommodate.

An employer does not have to accommodate

When union and employer discussions reach a deadlock, this is commonly called:

An impasse

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:

Appearing in public

Title VII allows for gender to be the basis for differing employer-imposed grooming requirements for employees. What is the stipulation to this rule?

Application must be fair and reasonable

After an election results in a union being formed, the NLRB designates the union as the _____________________________ and informs the employer.

Appropriate bargaining unit

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

Appropriation of image or likeness

In the __________ or image tort, an employer may not use the name, likeness, or image of an employee for commercial purposes in a way which is not contemplated by the actual job the employee holds.

Appropriation of likeness

The Secretary found that age discrimination against older workers was prevalent, with the bulk of the problem stemming from employers setting __________ for hiring or forced retirement based on unfounded concerns about older workers' physical ability to perform.

Arbitrary age maximums

__________ the course of employment means that there must be a nexus, or causal link, between employment and the time, place, manner, and cause of the injury.

Arising out of and in

What two groups represent the largest number of immigrants living in the United States?

Asian and latino

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

Assumption of the risk

How many life activities must an impairment limit to be considered a disability?

At least 1

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

This defense is usually related to public safety. Courts have found that in employment which involves the public safety - bus drivers, pilots, police, and fire fighters - a _______ defense can stand.

BFOQ

Monetary compensation for a plaintiffs lost earnings. Money awards may take the form of _____ for up to two years, for the time an employee was not working.

Back pay

There are two ______________ which come into play under IRCA: 1) citizenship for specific federal jobs and public policy functions; and 2) English proficiency to the standard necessary to carry out essential business operations."

Bona fide occupational qualifications

Title VII of the Civil Rights Act of 1964 protects workers from employment discrimination based on national origin. Those protections extend to all workers in the U.S., whether or not they were born in the U.S. and irrespective of citizenship.

Born in the U.S. and irrespective of citizenship

A legitimate business purpose that justifies an employment decision as effective and necessary

Business necessity

the English-only rule must be justified by "__________." Some examples of this include the need to communicate effectively with coworkers, supervisors, and customers, to address safety requirements, and to protect employees in emergency situations

Business necessity

The notion is that "_____" an employee's gender, he or she "would not have been the object of harassment.

But for

Individuals who willfully disclose private health information may face:

Civil liability and criminal sanctions

Why did the ________ 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

Civil rights act of 1964

The American Civil Liberties Union is a _______

Civil rights watchdog organization

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

Class

Enacted in 1914, it prohibits the elimination of unions and expressly removed union organizing efforts from the anti-combination language of the Sherman Anti-Trust Act

Clayton Act

The effect of a ______ was to give the union power to determine from which pool of applicants an employer could choose workers and to discipline uncooperative workers by removing union membership, thereby terminating employment.

Closed shop

An illegal requirement that an employee be a union member

Closed union shop

The intrusion upon seclusion tort deals with the _____________ of information about an individual, rather than the _____________ of that information, and can involve a physical or electronic invasion.

Collection : dissemination

The negotiation process between unions and employers

Collective bargaining

Under the process of ________, it is the union that is the sole representative of the workers' interests, and no individual may negotiate a private work arrangement with the employer. However, the legal right of a union to _______ gives workers a unified voice in seeking improvements in the terms and conditions of employment.

Collective bargaining

The union then commences negotiations with the employer on behalf of the workers to form a new contract which governs the working relationship between the parties. This process is known as ________

Collective bargaining.

Under the __________ test, a worker is an employee if the employer maintains the right to control the method of work performed.

Common law agency

A test that classifies a worker as an employee, if the employer maintains the right to control the method of work performed

Common law agency test

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

Common law criminal conspiracy

Public disclosure of private facts is another __________. An employee claims the employer negligently or intentionally made an objectionable disclosure of private personal information.

Common law privacy tort

Defense contractors and the healthcare industry

Common offenders of False claims act

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

Comparable worth

Federal courts have rejected the ________ because plaintiffs have been unable to show how "market rates" for whole classes of professions resulted in specific gender-disparate impact discrimination from any given employer.

Comparable worth theory

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

Comparable worth theory

Discrimination may also be shown by _____, where two employees were similarly situated but were treated differently merely because of a class characteristic.

Comparative evidence

Monetary compensation necessary to replace a plaintiffs losses. Including money, pain, and other non-monetary losses

Compensatory damages

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

Compensatory time

A mandate that all employers comply with all safety and health requirements issued by the Department of Labor. These standards may include rules for providing emergency exits, training on storing and using chemicals, proper ventilation, safety nets and rails, protective eyewear or masks, and even periodic medical exams.

Compliance requirement

What are the two basic requirements that OSHA places upon employers?

Compliance requirement : General duty clause

Any effort by employees to join together to seek improvement in working conditions.

Concerted activity

A highly diversified firm that has multiple businesses with no relationships

Conglomerate

John F. Kennedy believed that getting/using ___________________ bodies to act was the only way for the American society to eliminate inequality.

Congress and state legislative

An agreement between two parties to resolve a dispute

Consent decree

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

Consiliation

Enacted in 1986, it allows an employee to extend company health care benefits for up to 18 months after they leave a job

Consolidated Omnibus Budget Reconciliation Act (COBRA)

A ______ is a combination of two or more persons planning to accomplish an unlawful purpose.

Conspiracy

Religious communication can create undue hardship on an employer if it disrupts the work of other employees or:

Constitutes unlawful harassment

In the public employer realm, the ______________ govern how employers may monitor employees.

Constitution and federal privacy laws

______ exists when an employer allows intolerable conditions of unfairness or mistreatment to exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit.

Constructive discharge

Section 1681 of the FCRA provides that the term "____________"; any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used, or expected to be used, or collected in whole, or in part, for the purpose of serving as a factor in establishing the consumer's eligibility for employment purposes

Consumer report

An entity that collects and provides information about persons for use in credit and/or employment evaluation

Consumer reporting agency (CRA)

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. It is the most frequently violated OSHA regulation

Continual training requirement

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

Contributory negligence

Which action demonstrates a goal of affirmative action?

Correcting discriminatory practices

Any action by an employee that furthers an employers business

Course of employment

claimant provoked or engaged in offensive behavior at work, ________: If the victim has provoked the bad conduct, he or she will be prevented from making a claim of sexual harassment and A victim's sexual history or behavior is immaterial to a sexual harassment claim.

Courts have held that

______ holds that each party to the employment relationship makes an implied promise to treat each other in good faith and fairness, and when that covenant is broken, the employee has a cause of action for wrongful termination. Because of the strong presumptions of the at-will doctrine, these cases are hard to prove. Recognized by 13 states.

Covenant of good faith and fair dealing

A business is a _____________ employment agency if it regularly procures employees for at least one covered employer.

Covered

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

Covered employer

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

Covered employment agency

An unacceptable pretext of discrimination in which an employer used race as the basis for a business decision in order to please customers

Customer discriminatory preference

Provides a fixed amount of payment upon retirement

Defined benefit pension plan

An employer sets aside a certain amount each year for the employee, to be distributed upon retirement

Defined contribution pension plan

the ________ may cancel a contract, debar a contractor from participating in bidding for future contracts or ask the attorney general to seek equitable relief

Department of Labor

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.

Department of justice

Which department administers FLSA rules?

Department of labor

According to the U.S. Census Bureau, the largest claim for disability comes from:

Difficulty walking or climbing

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

Discovery

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:

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

Employers must not apply a job performance measure, for all employees, which has a/an ____________ on a protected class of persons.

Disparate impact

Griggs v. Duke Power was the seminal case for establishing

Disparate impact

Type of discrimination that is directed at a class of persons

Disparate impact

Discrimination in which a plaintiff claims not that the employer intentionally discriminated, but rather the employers procedures, policies, or practices have the effect of creating an unnecessary obstacle to employment opportunity for a protected class. Directed at a class of persons not an individual

Disparate impact discrimination

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

Disparate impact discrimination

A 65-year-old woman was passed over for a job. When she inquired about this, the employer told her, "We're looking to create a younger workforce."Which type of discrimination is reflected in the scenario?

Disparate treatment

May be established by direct evidence of discriminatory motive

Disparate treatment

The factors examined to determine _______ in a color and race discrimination case include, but are not limited to, race-related statements by decision-makers, comparative treatment evidence, unexplained deviations from policy, the decision-maker's race, and statistical evidence.

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

Disparate treatment

Type of discrimination that is directed at an individual

Disparate treatment

Which race discrimination claim can be based on an employer's policy of racial animosity, steering assignments or yielding to customer discriminatory preference?

Disparate treatment

______________ discrimination is directed at an individual

Disparate treatment

______ under Title VII is the intentional adverse or unequal treatment of an individual based upon a protected class characteristic. The focus on ______ is discriminatory intent. the employer's decision to take some adverse action against an applicant/employee is 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.

Disparate treatment employment discrimination

A clear definition of religion has proved elusive because Religious beliefs are so ________

Diverse and uniquely personal

Most employees do not understand that the fundamental privacy protections implied by the Constitution __________ to governmental intrusion and ________ to employer action.

Do apply : do not apply

Under the INA a ________ possesses the proper identification for admission into the U.S. That documentation includes a valid passport, a border crossing identification card, a permanent resident card (green card), or a reentry permit.

Documented alien

Religion is more than what a person believes but also what he or she "_____."

Does

Enacted in 1988, it requires federal contractors to enforce drug-free policies

Drug Free Workplace Act

Occurs when an employee conducts personal and work business at the same time subjecting the employer to liability for the employees actions

Dual purpose mission

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

Due diligence

Which of the following is not an area or situation in which employers may set up surveillance?

During a union meeting

Contractors may not use ______ to pre-screen potential employees.

E-Verify

An internet-based government system used to determine an employees work eligibility

E-verify

An online tool administered through the U.S citizenship and immigration services (USCIS) and used by employers to verify the validity of documents presented by new hires

E-verify

The __________ prohibits employers from purposefully (1) intercepting by electronic means any employee wire, oral, or electronic communications or (2) accessing, without permission, stored electronic communications.

ECPA

During its first few years, the ___ lacked enforcement authority, and had power only to investigate discrimination. Nevertheless, the ____ was influential in documenting discrimination and assisted in developing interpretations of employment discrimination law.

EEOC

In 1972, Congress amended Title VII by passing the ____, which gave the ____ authority to conduct its own enforcement litigation. The ____ influenced the judicial interpretation of civil rights legislation and its efforts defined "discrimination," a term not included in the actual language of Title VII.

EEOC

In judging whether to pursue claims, the ______ looks to: 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.

EEOC

The ______, when judging such harassment under nation or 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

EEOC

The ____expanded its guideline's definition of impairment to include: physiological disorder/condition affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine, or any mental or psychological disorder.

EEOC

To which agency did Title VII give authority to conduct its own enforcement litigation?

EEOC

_____ conducts enforcement litigation for several federal statutes including: Equal pay act of 1963 (EPA), The age of discrimination in employment act of 1967 (ADEA), The Americans with disabilities act of 1990 (ADA), The rehabilitation act of 1973, The Cilvil rights act of 1991 and the uniformed services employment and re-employment rights act (USERRA)

EEOC

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?

EPA

an ____ claim does not require a complaint to the EEOC prior to bringing a lawsuit against an employer.

EPA

The Health Insurance Portability and Accountability Act was passed in 1996 as an amendment to which act?

ERISA

Under ______ employers must provide correct information about benefits, actually deliver on the promised benefits, allow for a review mechanism for disputes, manage employee funds to a high level of care, abstain from interfering with the employees' benefit rights, specify premiums and copays, identify the benefits' administrator and other factors which could reasonably and substantially impact benefits."

ERISA

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

Employee Polygraph Protection Act

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

Employee Retirement Income Security Act (ERISA)

Many states have enacted laws to protect the privacy of employees and applicants on social media. Which of the following is protected?

Employee's expressing political views

Once the prima facie case of gender plus discrimination has been established, the burden of production shifts to the:

Employer

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

Employer Disability Accommodation Protocol

Under the NLRA, what action may the employer take if two employees engage in an online discussion about working conditions?

Employer cannot retaliate

A telemarketing firm is forced to terminate an employee because no one can understand him on the phone. Which of the following is true?

Employer has not violated Title VII

If an employer takes an action based on the discriminatory practices of clients or customers ____________:

Employer is also discriminating

When a supervisor, within the scope of his or her employment, engages in sexual harassment:

Employer must answer for the bad behavior

A rule established by an employer that only allows _____ to be spoken in the workplace; Title VII allows for this rule under certain circumstances where there is no discriminatory purpose or effect

English only

When considering an _______, an employer should assess whether the rule is essential to ensure safety, promote communication, or execute the business purposes of the firm, and whether those goals may be accomplished without the rule.

English-only rule

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

Equal Pay Act of 1963

The federal agency created by the Cilvil Right Act of 1964 that enforces federal anti-discrimination laws and oversees all federal equal opportunity in employment regulations

Equal employment opportunity commission (EEOC)

A provision of USERRA that requires an employer to place a returning veteran in positions that they may have attained, absent the military leave

Escalator principle

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

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

Essential functions

a disabled person must be qualified to carry out the _________ of the job before the protections of the ADA may be invoked.

Essential functions

From a risk management point of view, an employer should be able to defend an interpretation of:

Essential job functions

Under LMRDA, how often do unions need to hold elections for officers?

Every 3 years

March 6, 1961, Kennedy signed _______, 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.

Executive Order 10925

This took the effort to eliminate employment discrimination from the passive to the active.

Executive Order 10925

Later, in 1965, President Johnson issued ________, 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 11246

On 25 June, 1941, President Franklin D. Roosevelt issued ________, 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.

Executive Order 8802

The _______ is composed of the President and other executive leaders, such as the Vice-President and the Cabinet. The President and the Vice-President are elected by the people, while cabinet members, who lead major departments in the federal government, are appointed by the President. It conducts foreign affairs and ensures that sound laws are created and enforced.

Executive branch

Issued in 1965, it requires that government contractors take affirmative action toward prospective minority employees in all aspects of employment.

Executive order 11246

Employees who are fully or partially free from FLSA provisions

Exempted employee

Heart attacks and strokes that happen at work are judged by the usual _______. Worker's compensation for heart attacks and strokes will only apply if the employee is injured while engaged in unusual ______ at work.

Exertion rule

A verbal or written agreement in which the parties state exactly what they agree to do

Explicit contract

The ____ prohibits presenting to the government a false payment claim, creating or using a false record or statement, conspiring to violate ____, 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.

FCA

The type of information covered by the ____ includes the following: 1) medical records or payments; 2) residential or tenant history; 3) check writing history; 4) employment history; or 5) insurance claims.

FCRA

The ______ does not cover bereavement, nor does it immunize an employee against layoffs or termination for cause.

FLMA

Which organization needs to be notified if an impasse is reached between unions and employers?

FMCS

Under the _____ provisions, an employee is entitled to twelve weeks annual unpaid leave if the employee has worked for the firm for 1,250 hours in the twelve months prior to taking leave, experiences a qualifying event, and provides timely notice to the employer.

FMLA

constitutes undue hardship is a _______ and depends upon many factors, including the size and nature of the business, the extent and cost of the accommodation, and the overall resources of the business.

Fact-intensive inquiry

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

Factor to not rehire a veteran

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

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

Fair Labor Standards Act (FLSA)

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

Fair credit Reporting Act (FCRA)

The ___________ and its protections against overwork and illegally-low compensation apply to all undocumented workers.

Fair labor standards act

Enacted in 1863, this federal law imposes liability on entities that defraud governmental programs

False Claims Act (FCA)

Enacted in 1993, this federal law governs leave for employees due to parental and medical necessity

Family and Medical Leave Act (FMLA)

In 1970, in response to the use of ________ information to deny employment, terminate employees from jobs, and refuse mortgages and other opportunities.

Faulty consumer credit

Establish by taft-Hartley, an agency to help management and laborers settle labor contract disputes

Federal Mediation and conciliation Service (FMCS)

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

Federal Whistleblower Statute

________ protects: Defense contractor employees from retaliation when reporting violations

Federal Whistleblower Statute

A law that prevents anti-competitive behavior within local commerce

Federal anti-trust law

The ________ has adopted a policy that provides for employee religious speech at public facilities, but with reasonable restrictions on time, manner, and place, and prevents such speech with co-workers who have made it clear that the speech is unwelcome

Federal government

A legal remedy that allows a court to order individuals to refrain from acts which will do "irreparable harm" is known as a:

Federal injunction

A legal remedy that allows a court to order individuals to refrain from harmful acts

Federal injunction

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

Fellow servant rule

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?

Fewer dependents

An entity that acts as a guardian or caretaker

Fiduciaries

Before an employee or job candidate can take a complaint of job discrimination under Title VII to court, he/she must first

File with EEOC

The only time the employer is required to reveal financial information is when the employer argues a _________ to meet union demands.

Financial inability

For public employers, the Constitution prevents a wholesale prohibition of religious speech at work because of the __________.

First Amendment

Second step in a disciplinary process, which advises an employee that work behavior much 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

First written warning

Worker's compensation benefits are _________ and typically include replacement income - usually two-thirds of normal pay - and all medical costs associated with the injury and rehabilitation.

Fixed by law

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

Case law

The majority of United States citizens identify themselves as _________ .

Christian

Discriminating in employment based on ______ violates Title VII where it serves as a pretext for nation of origin discrimination.

Citizenship

the _________ provided a civil remedy against abuses committed against Blacks/African Americans in the southern states. However, these statutes were ineffective due to lack of enforcement, and further action was needed to bring equality to Blacks/African Americans.

Civil Rights Act of 1871

Prohibits race discrimination in employment

Civil Rights Act of 1964

Congress passed the ________________ to codify the concept of disparate impact discrimination as articulated in Griggs v. Duke Power.

Civil Rights Act of 1991

The _____ amended Title VII to include compensatory and punitive damages, but placed a cap on damage amounts.

Civil Rights Act of 1991

which allows for compensatory and punitive damages for violations of Title VII

Civil Rights Act of 1991

Laws that deal with the rights of people rather than with crimes

Civil law

Another important purpose of _______ is to restrict employers' use of an employee's pre-existing medical condition to exclude coverage or charge more for medical benefits. The exact language of the statute provides that employees may not be excluded from a health benefit by a condition "for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date.

HIPAA

One of the main features of _______ is its prohibition against the release of private medical data without the permission of the individual covered. Permission is obtained by an authorization form, signed by the individual, that identifies what information is sought to be disclosed, how long the permission is requested, who may disclose it and to whom, and for what purpose it is needed.

HIPAA

The simplest and most common way of estimating adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority.

Four-Fifths rule

An organization requires that job applicants have at least a bachelor's degree. Applicants in a protected class under Title VII claim that this requirement puts them at a disadvantage. Which rule determines whether there was substantial impact on the protected class?

Four-fifths rule

Public employees are protected by the _________ against unreasonable search and seizure by the government.

Fourth Amendment

the __________ prohibits unreasonable governmental searches into the private affairs of employees.

Fourth Amendment

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

Free riders

An employees physical departure from the job in order to further their own interests and not the employers

Frolic and detour

Monetary compensation in lieu of reinstatement

Front pay

Which of the following is always involved in a case of sexual harassment?

Gender harassment

In a case where gender, but not sexual motive is involved, the harassment is more appropriately named

Gender harrassment

Discrimination that results when an employer classifies employees on the basis of gender, plus another characteristics

Gender plus discrimination

Employers may always favor the old over the young, even when both candidates are 40 years of age and older

General Dynamics Land Systems, Inc v. Cline

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

General duty clause

What is the estimated number of illegal immigrants in the United States?

Greater than 10 million

The seminal case establishing the concept of disparate impact is:

Griggs v. Duke Power

From 2007 to February 2013, the number of businesses using E-Verify:

Grown by 18 times

Enacted in 1996, it establishes standards in the health industry for gathering, processing, retaining, and disclosing private health information

Health Insurance Portability and Accountability Act

Under a ________, an employee does not allege that a supervisor pressured him or her for sexual favors, but rather that the work environment has become sexually charged with "intimidating, ______, or offensive" behaviors to the point that it "unreasonably interferes with an employee's work performance.

Hostile environment sexual harassment claim

If an employer sees religious harassment occurring and fails to take ameliorative action, it may be vicariously liable for ________ claims.

Hostile work environment

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

Hot cargo agreements

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

How ADEA waivers should be written

What form does E-Verify collect information from?

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?

I-9

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.

Identity : Eligibility

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

Illegal : Illegal

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

Illegal bargaining subject

job titles are _____, as it is the equality of tasks and responsibilities which are determinative, and small differences in assignments will not defeat a claim.

Immaterial

Enacted in 1986, it prohibits employers from knowingly hiring undocumented workers and requires them to verify eligible workers within 3 business days of hiring.

Immigration Reform and Control Act of 1986 (IRCA)

Enacted in 1952, it centralizes and organizes U.S immigration law. Defines conditions permissible for temporary and permanent employment of aliens in the United States. Also eliminates race-based quotas for immigration and established a strictly nation-based system for calculating immigration quotas

Immigration and Nationality Act of 1952 (INA)

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.

Impairment : major life activity

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

Impasse

Which type of employment contract is created by the actions of the employer and employee rather than through a formal contract negotiation?

Implied

A legally binding agreement which is created not through formal contract negotiation and documentation, but by actions of the employer and employee. The conduct creating the _____ may be oral assurances from the employer that as long as an employee does good work they will have a job. These promises, if relied upon, may create a valid contract consideration - good work equals continued employment. 41 states, along with the District of Columbia, recognize this exception.

Implied contract

The employee handbook used by a temporary employment agency stated, "Employees may not be terminated except after first receiving an oral warning, then a formal written warning." Which principle is demonstrated in the handbook?

Implied contract

What is the definition of Bona Fide?

In good faith

________________ is the best method for a manager to correct an employee problem.

Informal coaching

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

Injunction

Another equitable remedy could include a retroactive reinstatement of seniority, or a court order requiring a firm to refrain from certain actions

Injunctive relief

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

Integrated enterprise

Two corporations have combined their management and operations into a single place with 30 total employees. Which type of business relationship is formed that now requires both companies to comply with federal employment law?

Integrated enterprise

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

Intentional infliction of emotional distress

An employees claim that a third party pressures the employer to terminate an employee without cause

Intentional interference with a contract

_______ to use personal health care information of employees include "treating a patient, obtaining payment for services, and researching internal systems and processes in the delivery of services."

Internal purposes

A type of tort in which an employer intrudes upon an employee's private information

Intrusion upon seclusion

The FCRA also provides that if an employer uses an ______ - a much more in-depth search based on personal interviews concerning an applicant's character, general reputation, personal characteristics, and lifestyle, the employer must give notice to applicant. So the applicant may request additional disclosures regarding the scope and substance of the investigative report.

Investigative report

Over the past two decades, _________ immigration has been on the rise and _________ immigration has declined.

Islam : Christian

How is age considered in Title VII of the Civil Rights Act of 1964?

It is not considered

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

Job group analysis

Two entities, not engaged in an integrated enterprise, that each exert control over an employee

Joint employer

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

Joint ownership

Affirmative action applied to private parties in discrimination lawsuits

Judicial affirmative action

In a private lawsuit, one of the remedies a court may impose to correct imbalances in hiring practices is known as:

Judicial affirmative action

The ______, is the court system of the country and is comprised of the United States Supreme Court and other federal courts. Through actual legal controversies, the courts explain and define the meaning of the Constitution and laws passed by Congress.

Judicial branch

The power of the supreme court to consider whether a law complies with the constitution

Judicial review

The _____, covers 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.

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. Also, 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

LMRDA

Enacted in 1947, it curbs union overreaching by protecting employee rights and prohibiting wildcat strikes. Commonly known as Taft-Hartley Act

Labor Management Relations Act

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

Lock out

An employer equivalent of a union strike is a/an:

Lockout

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.

Low-paying

Most of the time, retirement incentives and accompanying ADEA waivers are:

Made to numerous employees at the same time

the EEOC and the Supreme Court found that __________ included walking, seeing, hearing, speaking, breathing, working, learning, thinking, standing, lifting, caring for oneself, interacting with others, and sexual reproduction.

Major life activities

Workplace surveys suggest that the ________ of employee performance appraisals are inadequate.

Majority

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

Mandatory bargaining subject

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 adverse action

A _______ is a workforce reduction at a single employment site during a 30-day period that 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.

Mass layoff

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.

McDonnell Douglas

_______________ is the foundational case that establishes the notion of pretextual discrimination.

McDonnell Douglas Corp v Green

In the ______, the U.S. Supreme court remanded the matter to the lower court to conduct a hearing under the prima facie standards it established.

McDonnell Douglas Corp v Green case

What is the seminal case for hostile environment sexual harassment?

Meritor Savings Bank, FSB v. Vinson

From the text, "The phrase "reverse discrimination" is a ______because discrimination is discrimination when it is directed at anyone because of a protected class characteristic."

Misnomer

The many factors which come into play in discrimination cases

Mixed motive

One of the changes concomitant with the industrial revolution and its weak regulatory environment was the effort by some businesses to seek ________ through consolidation.

Monopoly power

_____________ 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.

Montana Wrongful Discharge From Employment Act

The _________ limits employee damages for wrongful termination to four years of compensation.

Montana Wrongful Discharge from Employment Act

The _____ involve firms overcharging the federal government for goods or services or falsifying test information to meet government standards, with defense contractors and the healthcare industry as major offenders.

Most frequent cases

Which religious groups have seen the largest increase in workplace discrimination over the past decade?

Muslim and hindu

EEOC reports the largest percentage of employee complaints, based on religious discrimination, involve bias against _______.

Muslims

Online employee statements relevant to the conditions of employment and union organizing activities are protected activity under the:

NLRA

Under the ______, 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

NLRA

The prima facie case elements, which the ______ 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.

NLRB

_________ employment discrimination is often linked to race and religion 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.

Nation of origin

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 committed _________________.

Nation of origin employment discrimination

Enacted in 1935, it establishes workers rights to form unions, collectively bargain and strike. Also known as the Wagner act

National Labor Relations Act (NLRA)

To administer the provisions of the NLRA, Congress created the ____________, a federal administrative agency empowered with legal authority to issue orders to remedy unfair labor practices, oversee union elections, and decertify unions.

National Labor Relations Board (NLRB)

Under the Taft-Hartley Act, the executive branch of the federal government is empowered to obtain legal strikebreaking injunctions in the courts if an impending or current strike imperils:

National health and safety

Harassment that includes offensive comments about an employees national origin

National origin discrimination harassment

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

A claim in which the employer knew or should have known about an employees history of violence or untrustworthiness

Negligent hiring

Failure to perform a proper background screening of an employee could put an employer at risk of:

Negligent hiring

A claim in which an employer has provided an untrue reference that omits information about an employees dangerous and or criminal behavior

Negligent referral

An employer could be responsible for a claim by another employer for __________ based on false entries in a performance appraisal.

Negligent referral

A claim that arises when an employer fails to terminate an employee when it is apparent that they pose a danger to others

Negligent retention

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

Negligent retention

The EEOC reports that the majority of accommodations made by employers are:

Nominal

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.

Nondiscriminatory

the __________ 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

Prima facie case for hostile work environment

An apparently neutral employer's procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class.

Prima facie elements

That the difference in impact is substantial. Examples of neutral polices and protected classes 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

Prima facie elements

To make a claim of discrimination under the _______: 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

Prima facie for Equal Pay Act

________ is protected in the workplace by reference to the Constitution, federal statutes, and the common law.

Privacy

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

Privacy Act

The _______ guarantees that employees have access to personnel files, a method to correct erroneous information in those files, and the power to prevent the release of any personal information. Additionally, it places a duty on the custodian of a federal employee's record to ensure privacy and accuracy of the records.

Privacy Act

Information placed on social media by an employee is no longer considered _____

Private

For _______, drug testing is governed primarily by state law, with most states allowing for pre-employment testing and requiring post-accident testing of employees.

Private employees

In the ________ realm there is no constitutional protection against invasion of privacy, as no governmental action is involved. Therefore, ________ are governed by a smattering of federal and state laws governing specific activity and by common law torts.

Private employer

In the _______, an employee would have to look to public policy exceptions and to the at-will doctrine to determine if a case for retaliatory discharge is available when an employee is terminated for engaging in speech the employer does not sanction.

Private employer arena

Allowing time off instead of payment- is not allowed in the________. It is allowed for public employers.

Private workplace

Performance management tool designed to modify employee behavior by using a set of increasingly severe discipline steps, with consequences that hold the employee responsible

Progressive Discipline

a manager's graduated response to employee poor performance.

Progressive discipline

SHRM reports that the most common religion related complaint at work is employees ______

Proselytizing

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

Public and private sector

A type of tort in which an employer negligently or intentionally discloses an employees private information

Public disclosure of private facts

In the _____, an employer may not take retaliatory action against an employee who exercises his or her free speech or other rights under the Constitution.

Public employee context

If investigating an employee's disability claim, the employer has the right to collect footage of the employee:

Public places

The ______ is recognized in at least 44 states, and is invoked when an employee is terminated for reasons which violate a _____ interest. This can include an employee refusing to break the law, exercising a legal right, fulfilling a statutory duty, or engaging in whistleblowing.

Public-policy exception

Section 806 of the 2002 Sarbanes-Oxley Act extended whistleblowing protection to any employee, or agent, of a/an:

Publicly traded companies

Monetary damages designed to punish an employer who acted maliciously or recklessly. Rarely available because plaintiff must show proof

Punitive damages

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

Purpose of the Older Worker Benefit Protection Act

An employer may discriminate in employment on ________.

Qualifications

-Birth, adoption, or placement of a new foster child -A serious health condition of the employee, or the employee's spouse, son, daughter, or parent.

Qualifying event

An event that entitles an employee to 12 weeks unpaid leave

Qualifying event

Latin for this for that. The notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee

Quid pro quo

There are two kinds of harassment where sexual motive is involved: _____ sexual harassment and _____ sexual harassment.

Quid pro quo and hostile environment

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

Quota

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."

RFOA

The EEOC states that an "employment practice is based on an ______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.

RFOA

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

Race : Color

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

The most obvious kind of disparate treatment; A type of race discrimination in which an employer obviously excludes an applicant from a job opportunity on the basis of race

Race animus

What is the most common discrimination claim made to the EEOC?

Race discrimination

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.

Race-based

A situation where an employer expresses an obvious intent to exclude a person from a job opportunity on the basis of race

Racial animus in the employment discrimination context

Federal law prohibits discrimination on the basis of disability. The act also authorizes state grants for rehabilitation services to disabled persons

Rehabilitation Act of 1973

the _______ prohibits federal government contractors from discriminating on the basis of disability. This act requires that contractors & subcontractors, with 50 or more employees and contracts valued at $50,000 or more must take "affirmative action to employ qualified individuals with disabilities." The focus is to broaden recruitment activities for, and remove unfounded barriers to, persons with disabilities.

Rehabilitation Act of 1973

The employer's duty to bargain in good faith includes an affirmative obligation to supply the union with information that is "_______________" for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice.

Relevant and necessary

in 1964 Congress included ______ as a protected class characteristic in the anti-discrimination protections offered by Title VII.

Religion

__________, according to the EEOC, include theistic and non-theistic beliefs that are "moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional ______ views.

Religious beliefs

______ include a broad range of activities, which could include formal meeting attendance, public praying, meditation, donning garb, wearing icons, adhering to restrictive diets, proselytizing, or abstinence from some common practices.

Religious observances

A desired action resulting from a successful lawsuit

Remedies

______ can include damages, money, or equitable relief - or some desired action.

Remedies

"Let the master answer for the servant" applies to which vicarious liability doctrine?

Respondeat superior

Additionally, the employer must look to the ___________ , when assessing whether a job function is essential to a position.

Result not the means

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.

Retaliation

It could include demotion, discipline, firing, salary reduction, negative evaluation, excessive supervision, undesirable assignments or transfers, or a change in shift assignment. It may also include neglect of an employee or allowing a hostile work environment to develop through harassment.

Retaliation

What is the term which describes an adverse employer job action based upon an employee's lawful actions?

Retaliation

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

Retaliation

A complaint filed by an employee who feels they were discriminated against in violation of the law

Retaliation claim

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

Termination of an employee as punishment for engaging in protected activity

Retaliatory discharge

A company sets a goal to hire 30% women in engineering jobs. A class action lawsuit alleges that this preference will result in denying jobs to otherwise qualified males. Which theory does this scenario illustrate from the male's perspective?

Reverse discrimination

Discrimination that occurs when an employer, acting under an affirmative action plan, favors one race or gender in an employment decision

Reverse discrimination

Laws that give employees the option to not join a union

Right-to-work laws

Standard intelligence test had disparate impact on black employees

Ruling in the Griggs v. Duke Power

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

Same actor defense

If an employee's ability to perform the essential functions of a job is temporarily disrupted by pregnancy, employers must treat an employee:

Same as any other temporarily disabled worker

AA provides for ________ by way of administrative action.

Sanctions and enforcement

Enacted in 1890, it prevents businesses from combining together to restrain trade and seeking monopoly business power

Sherman Anti-Trust Act

the ______, 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 which violated the ______

Sherman Anti-Trust Act

Title VII requires employers to accommodate only religious practices arising out of _______ beliefs.

Sincerely held

Under Title VII, ________ regarding social, political, and economic concerns and personal preferences are not considered religious beliefs.

Singular philosophies

What is the meaning of Quid pro quo

Something for something

The effect of the ADA was to ______________ employment protections for the qualified disabled employee in both the public and private sector and to back up those protections with the enforcement power of the EEOC.

Standardize and nationalize

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

Stare decisis

Which doctrine is used by U.S. courts to align current cases with prior legal decisions?

Stare decisis

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

State laws

_____ requires that a contract which cannot be performed within a year of its creation must be in writing. The requirement that a contract be written acts to invalidate the notion that an employer's oral promises may be accepted by an employee and, thereby, establish an implied contract, if a year has elapsed from the time of the promise.

Statue of frauds

A type of race discrimination in which an employer makes job assignment to employees based on race

Steering assignment

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

Part of the increase in disability complaints is due to the slowness of employers to modify negative__________ about disabled employees.

Stereotypical thinking

An important area of gender discrimination is the _____ of how a male or how a female should act.

Stereotyping

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

With worker's compensation, an injured employee receives wage replacements and medical benefits in exchange for relinquishing his/her rights to:

Sue the employer

A summary issued from an employer to an employee that contains information about an employee's benefits

Summary plan document (SPD)

The Constitution contains a ________, which mandates that the Constitution, federal law, treaties, and federal regulations are the highest laws of the land and have priority over state law.

Supremacy Clause

Which constitutional provision mandates that federal regulations have priority over state law?

Supremacy clause

____________ time off is one element of progressive discipline.

Suspension

_________ also prohibited 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.

Taft-Hartley Act

What is the common name of the Labor Management Relations Act of 1947?

Taft-Hartley act

the Supreme Court has held that an employer is strictly liable for harassment by a supervisor if the harassing behavior culminates in a "________" employment action such as a termination or demotion.

Tangible

An employment outcome arising out of sexual harrassment

Tangible job action

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.

Tangible jobs

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

When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________

Termination

o 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. This is known as ______________.

Test content validity

The fundamental source of United States immigration law is:

The Immigration and Nationality Act of 1952

The Privacy Act places a duty to ensure privacy and accuracy of the records on:

The custodian of the records

Which group has the duty to seek accommodations if needed?

The employee

The calculation of whether a task is essential to a job is relative to:

The firm and job

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:

OWBPA

Which type of performance measures are safest to have on an appraisal?

Objective

Enacted in 1970, it governs safety in all businesses and created the department of labor and the _________ and ______ administration

Occupational Safety and Health Act (OSHA)

The _________, within the Department of Labor, oversees the regulation of AA. The ______ conducts extensive research on worker demographics and creates, implements, and enforces a myriad of regulations related to implementing the goals of AA.

Office of Federal Contract Compliance Programs (OFCCP)

What is the essence of privacy?

The right to be left alone

If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule in _____

Their native language

The _________ requires pre-hire testing and post-hire random drug screens and sets procedures for ensuring drug test accuracy, chain of custody rules, and employee discipline procedures.

Omnibus Act

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

Omnibus Transportation Employee Testing Act (Omnibus Act)

Age discrimination claims are ______

On the rise

An exception to the minimum wage law that applies to employees under twenty years old. Who may be paid $4.25/hour for the first 90 days of employment.

Opportunity wage

A chart that includes demographics data for all positions

Organizational display

What are the two main approaches to preparing an organizational profile?

Organizational display or workforce analysis

By the late 1950's, the pendulum of public opinion swung further against organized labor due to the confirmed connection of the International Brotherhood of Teamsters to:

Organized crime

The FMLA governs leave for employees due to ____________ and ____________ necessity.

Parental : medical

The ADAAA requires that the determination of whether an employee has a disability be "______________" and "not require extensive analysis.

Particularly simple and straightforward

these persons have an ownership interest in the business and, therefore, are not employees.

Partners, directors, shareholders

Affirmative action may be used to remedy _________ and not to maintain _________.

Past imbalances : 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:

Pattern and practice

______ discrimination is where the employer's policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity.

Pattern and practice

There is no federal law requiring ________ in employment.

Performance appraisals

The easiest way to avoid discrimination claims due to performance appraisals is to apply _______ equally to all employees. The job requirements should be provided to the employee and then a specific, detailed job performance rubric applied.

Performance criteria

some studies indicate that __________ more often than not hurt an employer's case because they are not done properly.

Performance evaluations

Disabilities that are covered by the ADAAA are:

Permanent or temporary

A ___________ might include the type of grades of employment, technology issues, methods of performing work, or supervision requirements.

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

Permissive bargaining subject

In 1969, President Nixon authorized the implementation of the _______, 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.

Philadelphia Plan

A reasonably attainable objective to achieve equal employment opportunity

Placement goal

Which of the following are approved methods for utilizing affirmative action plans?

Placement goals for underrepresented classes

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

Placement in false light

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.

Plaintiff

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.

Plant closing

Party must show: 1) they are a member of a particular protected class; 2) they applied for the job; 3) the job was available; 4) they qualified for the position; 5) they were denied the position; and 6) the employer kept looking to fill the position.

Plantiff allege adverse impact

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:

Plus factor

Sugarman v. Dougall, 413 U.S. 634 (1973), established the "___________," 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.

Political function doctrine

the law does not allow _________ of employees for investigating workplace drug use, thefts from co-workers, accidents, or routine shortages in inventory or cash drawers. Refusal to take a _____ test, even when permitted by law, may not be used as sole basis for terminating or discriminating against an employee. Employers may face fines up to $10,000 per incident for violations.

Polygraph testing

Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that older workers are better workers because:

Possess abundant knowledge and experience

_______ medical exams are restricted in scope to job-related issues and business necessity.

Post-hire

A statement issued to an applicant from an employer that discloses negative information found and information about their rights

Pre-adverse action

If the information obtained is negative and the employer intends to rely on it to deny employment or advancement, the employer is required under the FCRA to provide the applicant with a(n) ____________ and a copy of both the negative information and the applicant's rights under the FCRA.

Pre-adverse action disclosure

Human resource managers should only adopt __________ which clearly establish a causal link between the test and its predictive behavior for success in a specific job function.

Pre-employment tests

A controlling rule, example or guide established by a judge that provides a framework for other judges to follow in later cases

Precedent

An employer is entitled to set a _______ for a particular race or gender where there is a serious imbalance or a long history of bias. The employer cannot, however, use rigid quotas or reserved positions.

Preference

An employee can discredit an employer's _____ by showing "weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons for its action that a reasonable fact-finder could rationally find them unworthy of credence and hence infer that the employer did not act for the asserted non-discriminatory reasons.

Pretext

Which of the following is an important case addressing grooming and dress in gender discrimination?

Price Waterhouse v. Hopkins

Latin for "at first sight" Evidence based on the first impression

Prima facie

The _______ is 1) the employee engages in a protected activity; 2) the employee suffers some adverse employment action; and 3) there is a nexus - causal link - between the adverse employment action and the employee's protected activity.

Prima facie case for a retaliation claim

The _____________ 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

Prima facie case for gender plus discrimination

When a union engages in an _________, the employer may hire workers to work for either the duration of the strike or permanently. 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.

economic strike

Beginning in the early 1820's, _____ were formed in the U.S to advocate for better conditions for workers, such as a 10-hr work day, elimination of prison and child labor, 5 day work weeks, and the institutions of mechanic's liens in order to secure workers' rights against recalcitrant debtors.

labor unions

2 requirements to trigger __________: -The conduct must be unwelcome; -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.

liability for race-based harassment

employers benefit from ______ due to less turnover, greater efficiencies, greater understanding of firm history and corporate culture, and lower health costs due to fewer dependents.

older workers

A potential employer may use a _____ - a test or set of hiring criteria - to determine which employment candidates to hire.

screening device

Under some earlier versions of service member employment protections, employers would attempt to circumvent reemployment requirements by engaging in ______, whereby the veteran was hired and then terminated shortly thereafter. The USERRA blocks this maneuvering by requiring that in the first 180 days following rehire, a returning employee may only be terminated for cause.

sham rehires

Most federal civil service positions require ____________ for public policy reasons.

U.S citizenship

______ entitles returning veterans 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.

USERRA

Courts define strongly held beliefs, for Title VII purposes, as religious when those beliefs cover the "_________"_____ "______________."

Ultimate ideas about life, purpose and death

Certain nationals may be discriminated against in employment in situations of National security _________

Under federal statute or Executive Order

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

Underutilization

An accommodation to the work environment that places a significant burden or expense on the employer

Undue hardship

If the employee engages in individualized and specific proselytizing effort with a customer, whether unwelcome or not, a private employer may successfully claim that accommodating this type of behavior is an ______

Undue hardship

Religious communication can create ______ on an employer if it disrupts the work of other employees or constitutes unlawful harassment.

Undue hardship

The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause:

Undue hardship

under the ADA, an employer may refuse to implement what would otherwise be a reasonable accommodation if it represents an _________ to the business.

Undue hardship

Any effort of an employer to co-opt the union by sponsoring activities, providing for union expenses, offering perks to union elites, or seeking the election of a particular worker to a union position constitutes a(n):

Unfair labor practice

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

Unfair labor practice strike

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

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake.

Unilateral

An organization that represents workers in bargaining with employers

Union

One of the key functions of the NLRB is to oversee _________ and _________

Union elections and union decertification

Employers also sought to limit _______ through use of the federal injunction.

Union power

A bargaining clause that allows a condition that all employees must join the union once

Union shops

______ form when workers with a community of interests align themselves to resolve similar workplace concerns

Unions

The unequal treatment of resident aliens versus U.S. citizens is:

Unlawful

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

Unwelcome conduct

An employee's personal contributions to any plan are always _______ in the employee and employers may not reduce any benefits already earned.

Vested

After a specified period of time, an employee's interests in a pension plan may not be forfeited. What is this known as?

Vesting

The conveying of an employee's rights to benefits or contributions after a certain amount of time

Vesting

A form of secondary liability that comes from the doctrine of respondeat superior

Vicarious liability

An employer may be held liable for the actions of others which result in the creation of quid pro quo or hostile work environment sexual harassment under the doctrine of _______.

Vicarious liability

Passed in 1974, it requires contractors to take affirmative action toward veterans

Vietnam Era Readjustment Assistance Act

Why is searching emails not prohibited by the EPCA?

Viewed after not during transit

If a construction company hires lawful non-citizen Mexican nationals for laborer positions, but requires U.S. citizenship for managerial posts, then the firm __________

Violated Title VII

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

Voluntary affirmative action plan

_____ 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.

WARN

Enacted in 1988, it gives terminated workers an opportunity to search for other employment or obtain additional training

Worker Adjustment and Retraining Notification Act (WARN)

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

Worker's compensation

The benefits received for _________ are separate from any other medical benefits the worker may receive.

Worker's compensation

A review of jobs, ranked by title and compensation

Workforce analysis

The American Civil Liberties Union receives more complaints about this than any other issue:

Workplace privacy problems

A document whereby an employee agrees not to organize or join a union

Yellow dog contract

A false excuse used by an employer to cover up for discrimination

a pretext

______ has exemptions for the firm providing the service—in this case, the employer. Because most employees use employer-provided electronics like cell phones, computers, and tablets at work, the effects of the _____ on the workplace are limited.

Title II of the ECPA

1972 Congress amended ______ to state that religion "includes all aspects of religious observance and practice, as well as belief...."

Title VII

As with other protected classes, ___________ prohibits harassment related to nation of origin.

Title VII

The _____ deals with the collection of information about an individual, rather than the dissemination of that information, and can involve a physical or electronic invasion.

Tort

The common law definition of a ______ is the commission of a civil wrong which causes someone to suffer loss or harm, resulting in legal liability.

Tort

Employees may claim wrongful termination through _________ or constructive discharge.

Tort claims

Employers are often hesitant to provide detailed references about former employees due to the risk of:

Tort liability

Many states have established a presumption that an employer responding to a reference request is acting in good faith and is immune from _______ resulting from false information provided.

Tort liability

When addressing cases of race-based harassment the EEOC looks at the "________"

Totality of the circumstances

Businesses claimed that workers organizing together to influence wages, prices, and trade was _____ and, therefore, organizers were guilty of conspiracy.

unlawful

Several states, including Nevada, California, and Utah, have passed legislation which prohibits an employer from requiring an employee or applicant to disclose _______ to personal social media accounts as a condition of employment.

user names or passwords

Best practices indicate that a large private employer should adopt a:

voluntary affirmative action plan

The Privacy Act has carved out ________ to this policy that provide for a common sense approach to revealing information which is necessary for the functioning of government, in response to a court order, or for national security.

11 exceptions

An employee has a parent who was recently diagnosed with a terminal illness. The employee was full-time last year and worked 2000 hours. How much time off is the employee entitled to under the Family and Medical Leave Act (FMLA)?

12 weeks

AA regulations require that federal contracts worth over $50,000 must prepare a written AA plan within ________ of the contract start date.

120 days

What is the youngest permitted working age?

14

mportantly, the FCA included a provision authorizing persons who report on violations of the act - whistleblowers - to receive a portion, usually about _____, of any recovered damages.

15-25%

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?

18

Worker's compensation benefits are fixed by law and typically include replacement income of how much?

2/3 normal pay

The ADEA applies to public and private employers and unions with more than _______ employees.

20

The COBRA law, which applies to firms with _______ employees, provides that benefit coverage extends 18 months (in some cases 36) from the date of a qualifying event.

20 or more

A guide adopted by the internal revenue service for determining if a worker should be classified as an independent contractor

20-factor analysis

the IRS has adopted the _________ as a guide to employers in determining if workers are indeed independent contractors. Most of these factors relate to control by the employer.

20-factor analysis

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: $100,000

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

21 : 7

How many states have right-to-work protections?

24

A 2008 amendment allowed for a __________ for qualifying family members of a veteran seriously injured in the line of duty.

26 week period of leave

How many days after the actual employee start date does the employer have to submit an employee query to E-Verify

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?

3

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.

3 : 1

When workers wish to form or collectively join an existing union, they must submit a petition to the NLRB which identifies that at least ____ of the constituent workers are interested.

30%

There are _______, which are the use of a bona fide seniority system, merit system, or incentive system, or any factor other than gender.

4 exceptions of Equal Pay Act

Under the IRCA, it is illegal to hire or retain undocumented workers if you employ how many workers?

4 or more

If an English-only rule is adopted, an employer should ensure, by reasonable means, that non-English speaking employees are apprised of the rule:

4 or more employees

The Age Discrimination in Employment Act of 1967 protects individuals who are over what age?

40

The FLSA requires that an employer pay "time and a half" wages for hours worked beyond __________ in the relevant workweek.

40

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

The Family Medical and Leave Act (FMLA) applies to all government and private employers with how many employees?

50 plus

The practice of monitoring employees with cameras is widespread, with an estimated ____ of large employers using the tactic.

50%

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.

60

An exiting employee must exercise coverage rights within _____.

60 days

If E-Verify gives a tentative non-confirmation response, how many days does the employee have to contact the appropriate federal agency?

8

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

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 distinct

In order to establish a claim of intrusion upon seclusion at work, an employee must show there was: 1) unauthorized employer intrusion or prying into his or her seclusion; 2) the employer intrusion was highly offensive to a reasonable person; 3) the matter intruded upon was private; and the intrusion caused ________.

Anguish and suffering

An environment of animosity toward women

Anti-female animus

The most common employer defense to ADEA disparate treatment claims is:

Bona fide occupational qualification

Which practice is descriptive of a church requiring clergy to be of a particular denomination?

Bona fide occupational qualification

A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees

Bona fide occupational qualification (BFOQ)

The most common employer defense to ADEA disparate treatment claims is that age is a ______________. This defense is usually related to public safety

Bona fide occupational qualification (BFOQ)

The subject class characteristic is reasonably necessary to the normal operation of that particular business or enterprise.

Bona fide occupational qualification (BFOQ)

The Department of Labor and the Internal Revenue Service jointly supervise _______ compliance.

COBRA

The level of accommodation has been characterized by the courts as "________," meaning not very much

De minimus

Communicating false statements that harm a persons reputation

Defamation

A religious exemption may be applied to all positions within a religious organization: whether or not the position is _______

Ecclesiastical

The _________ seeks to look past technical, common-law concepts of the master/servant relationship to determine whether the "economic reality" of a working relationship renders a worker substantially dependent on a given employer. The deciding point is whether the worker has little freedom to exit the relationship because he or she is economically dependent on the business to which he or she renders service.

Economic realities test

Which test is used to distinguish an independent contractor from an employee?

Economic realities test

A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer

Economic realities tests

A stoppage of work based upon a unions frustration that management will not meet its demands for improvements in wages, hours, and benefits.

Economic strike

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

Enacted in 1986, it prohibits employers from intercepting or accessing employee communications

Electronic Communications Privacy Act (ECPA)

the 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

It is estimated that over half of large firms monitor employee:

Email

Whose duty is it to suggest a reasonable accommodation that is not readily obvious?

Employee

In most states, worker's compensation programs are mandatory for:

Employers and employees

By law, _______________ workers by contributing to a state worker's compensation fund, buying private insurance, or, for large firms, self-insuring.

Employers must make plans to compensate

Notwithstanding the protections of Title VII, much progress remains to be made as women continue to trail men in

Employment compensation and opportunity

The independent living movement was instrumental in pushing for federal legislation to protect disabled persons from:

Employment discrimination

The Predominant rule governing employer-employee relations that states that an employee may terminate an employee at any time, for any legal reason without incurring liability

Employment-at-will doctrine

A legal principle that removes an employers liability from employees actions going to and from their place of employment

Going and coming rule

A ______ allows for a time and place for employees to meet outside of working hours. All other options would impose on other employees' work time and free will.

Good accommodation

Which principle may prevent termination of an at-will employment relationship?

Good fair and fair dealing

A concept that requires a mutual obligation of both parties to participate actively in in negotiations by demonstrating intent to resolve a dispute

Good faith

The concept of ______ does not mandate agreement, but instead requires a mutual obligation of the parties to participate actively in negotiations by manifesting a present intent to find a basis for agreement. The refusal of either party to negotiate in ______ is an unfair labor practice subject to review or sanction by the NLRB.

Good faith

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

Government agency that administers HIPAA

Across the United States there has been a(n) _________ in workplace disability discrimination claims. about 17%

Increasing

The amount of complaints the EEOC receives from persons claiming employment discrimination based on so-called "English-only" rules is:

Increasing

Pregnancy health coverage must be __________ of marital status.

Independent

Of the following classifications of worker, which causes the smallest obligation to the employer?

Independent contractors

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

Independent living movement

Rehabilitation Act of 1973 defines an "________" as a person who has a physical or mental impairment that substantially limits one or more of his or her major life activities, has a record of such impairment, and/or is perceived as having such impairment.

Individual with a disability

Enacted in 1959, it creates a union member "bill of rights" in order to empower union members and reduce union corruption. Also known as the Landrum-Griffin Act

Labor-Management Reporting and Disclosure Act (LMRDA)

There is no question that employers need to monitor the working environment to keep it safe for all employees, but what is the risk of over-monitoring? Employees will have a __________

Lack of trust for employer

Nation of origin discrimination applies not only to a country but to a group of people who share a common __________, and/or other similar social characteristics

Language, culture, ancestry

U.S. military defense personnel policy over the last fifty years has seen a shift in emphasis away from a _____________ and towards a ____________.

Large standing army : reservist force

calling someone _________ or accusing someone of stealing "American jobs"; May not be enough to qualify as harassment; however, that behavior can be harassment if it becomes unrelenting

Lazy, making fun of an accent

The _______ is made up of the two houses of Congress—the Senate and the House of Representatives. These bodies are tasked by the Constitution to make laws for the "general welfare" of the people.

Legislative branch

Three branches of federal government

Legislative, Executive, Judicial

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.

Legitimate job action

Performance appraisals are a potential minefield for employer ______. This is because performance appraisals form the basis for employer decisions to train, promote, pay, benefit, transfer, award, layoff, or terminate. Therefore, must conform to federal and state law anti-discrimination statutes.

Liability

The _________ also expanded the list of persons aggrieved by the discriminatory pay practice or decision to include family members and children of deceased workers.

Lilly Ledbetter Fair Pay Act

_________ 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.

Lilly Ledbetter Fair Pay Act

A procedure for resolving collective bargaining impasses by a mediator who acts as a facilitator and go-between in the negotiations

Mediation

A method of testing for an employer to discover information about its employees impairments or health

Medical testing

There are three main torts that arise in the former employee _______: defamation, retaliation, and negligent referral (or breach of duty to warn).

Reference context

Enacted in 1932, it governs the interplay between unions and businesses

Norris-Laguardia Act

It was the first comprehensive labor statute governing the interplay between unions and business

Norris-Laguardia Act

A federal judge found that forcing female, but not male, employees working in a casino to wear makeup was:

Not a violation of Title VII

When the harassment is ______, no sexual harassment claim is available.

Not gender-based

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:

Not in violation of the ADEA

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.

Not required

Employers are ________ while on military leave, but must offer health insurance for short leaves and long leaves and allow for the provision of health coverage at the employee's expense.

Not required to pay employees

If an employee or applicant consents to having a background check, the employer must provide to the CRA certification that it has complied with:

Notice and authorization requirements of FCRA

Regulation of Affirmative Action is overseen by:

OFCCP

In order to ensure compliance, ______ conducts spot workplace inspections, imposes fines for rule violations, and ensures that continual training is taking place. Sometimes an investigation will be prompted by worker complaints to ______. _______ protects these whistleblowing employees from discrimination and retaliation.

OSHA

A reasonable change to the work environment that allows a religious individual to perform job functions

Reasonable accommodation

Employers must provide ______ 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.

Reasonable accommodation

The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship.

Reasonable accommodation

Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability.

Reasonable accomodation

If a contractor determines underutilization is occurring, it must take a ________

Reasonable action to remedy the imbalance

_________ of privacy usually include personal space at work like locked desk drawers, lockers, wallets, purses, and cell phones. However, in many instances the personal space of an employee carries limited privacy expectations.

Reasonable expectations

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

Reasonable factor other than age (RFOA)

Unwelcome conduct is that which is not solicited by the employee and which a ________________ would regard as offensive or unwanted.

Reasonable person

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

Reasonable person test

A review of what the contractor's workforce looks like

Reasonable self-analysis

The adoption of a voluntary affirmative action plan must be supported by a(n):

Reasonable self-analysis

In order to drug test federal employees, the governmental agent must have a _________ that an employee is engaged in illegal drug use.

Reasonable suspicion

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

Reduction in force (RIF)

A civil wrong which causes someone harm

Tort

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

What determines employer liability under the respondeat superior doctrine?

Scope of employment

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

Secondary boycotts

Picketing other businesses that provide goods and services to the union's employer is known as:

Secondary picketing

_____ states that all persons within the jurisdiction of the United States shall have the same right to make and enforce contracts, to sue, be parties, give evidence, and have the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by White citizens.

Section 1981

_______ requires the federal government and federal contractors with over $10,000 in business to take affirmative action to hire qualified disabled persons.

Section 503

______ provides opportunities for persons with disabilities in employment and other settings.

Section 504

_______ requires federal information and technology platforms to be accessible to people with disabilities, including employees and the public.

Section 508

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 ________ or collective bargaining agreements

Seniority rules

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:

Sex

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.

Sexual harrassment

____ applies to most large employers and provides that: "It shall be an unlawful employment practice for an employer to fail/refuse to hire or to discharge any individual, or discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of individual's race, color, religion, sex, or national origin; or limit, segregate, or classify his employees/applicants for employment in any way which would deprive any individual of employment opportunities or adversely affect his status as an employee, because of individual's race, color, religion, sex or national origin."

Title VII

____ covers employers who 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. The application of _____ 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. It also applies to federal, state and local government employers and employment agencies and labor unions.

Title VII

_____ does not prevent employers of businesses operated in proximity to Native American reservations from preferring Indigenous Americans over others for jobs.

Title VII

a plaintiff claiming unequal pay may bring an action under _____ instead of the EPA because Title VII allows for compensatory and punitive damages not available under the EPA.

Title VII

while employers are required to accommodate religious diversity, they have no corresponding duty under _______ to accommodate cultural or nation of origin work conflicts.

Title VII

_________, an exemption to its anti-discrimination protections for religion: when the religion is a bona fide occupational qualification for the job.

Title VII contains at section 702

______ is an absolute defense against defamation claims.

Truth

Establishes the three branches of the federal government and allocates the division of powers between them. Second, it enumerates fundamental rights - the Bill of Rights - of citizens and protects them from the government's ability to restrict those rights.

Two functions of the constitutions

The most commonly exempted employee is the __________ who typically has a high degree of responsibility, works long hours, and receives high pay. It is the employer's duty to establish that such an employee is exempt from the FLSA standards.

White-collar professional

A strike not authorized by the union

Wildcat

Preventing _______ is a difficult task as perpetrators are often non-employee strangers, clients, customers, or significant others of employees.

Work violence

In order to establish a claim of __________ 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

intrusion upon seclusion