Term
| per ADA, major life activity is definited in what two areas? |
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Definition
1) general activities
2) major bodily functions |
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Term
| What are the 13 general activities included in the major life activities in the definition of disability per the ADA? |
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Definition
| caring for oneself; performing manual tasks; seeing; hearing; eating; sleeping; breathing; learning; reading; concentrating; thinking; communicating; working |
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Term
| What are the 11 bodily functions in the major life activities in the definition of disability per the ADA? |
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Definition
| functions of the immune system; normal cell growth; and functions of the digestive, bowel, bladder, neurological brain, respiratory, circulatory, endocrine, and reproductive systems |
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Term
| What 4 purposes did the Civil Rights Act of 1991 have? |
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Definition
1) to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace
2) to codify the concepts of "business necessity" and "job related"
3) to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under Title VII
4) to respond to recent decisions of the supreme court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination |
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Term
| Amendments contained in the CRA affected what 3 Acts? |
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Definition
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Term
| What 11 changes did the CRA make to Title VII? |
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Definition
1) provided punitive damages when ers engage in discriminatory practices "with malice or with reckless indifference"
2) excluded back pay awards from compensatory damages
3) established a sliding scale for compensatory and punitive damages based on company size
4) provided that any party to a civil suit in which punitive or compensatory damages are sought may demand a jury trial
5) expanded Title VII to include congressional employees and some senior political appointees
6) req'd that the individual alleging an unlawful employment practice is in use prove that it results in disparate impact to members of a protected class
7) provided that job-relatedness and reasonable business necessity are defenses to disparate impact and that if a business can show that the practice does not result in disparate impact, it need not show the practice to be a business necessity
8) provided that business necessity is not a defense against an intentional discriminatory employment practice
9) established that if discrimination was a motivating factor in an employment practice it was unlawful, even if other factors contributed to the practice
10) allowed that if the same employment decision would have been made whether or not an impermissible motivating factor was present, that there would be no damages awarded
11) expanded coverage to include foreign operations of american businesses unless compliance would constitute violation of the laws of the host country |
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Term
| What did Griggs v Duke Power case in 1971 first introduce |
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Definition
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Term
| What legistlation was enacted to prevent insurance companies or employers from using genetic information for discriminatory purposes? |
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Definition
| Genetic Information Nondiscrimination Act of 2008 |
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Term
| Define genetic information, per GINA: |
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Definition
| results of genetic tests for employees and their family members or as information about genetic diseases or disorders revealed through genetic testing |
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Term
| GINA makes it unlawful for employers to _______, ________, or ________ genetic information but does not penalize them for ____________ obtaining the information. |
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Definition
| request, require, purchase; inadvertently |
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Term
| Employment legislation does not always apply to agencies of the federal government, but discrimination in these entities is prohibited by what? |
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Definition
| Executive orders and other legislation |
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