Term
| Title VII of the Civil Rights Act (1964) |
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Definition
| Prohibits discrimination or segregation based on race, color, national origin, religion, and gender in all terms and conditions of employment including training and compensation. Prohibits harassment based upon these protected categories. |
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Term
| Equal Employment Opportunity Act (1972) |
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Definition
| Expanded the coverage of Title VII to most employers in the US |
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Term
| Title VII, as amended by the Equal Employment Opportunity Act, applies to... |
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Definition
| most private employers that have 15 or more persons on the payroll for each working day of 20 or more weeks in the current or preceding year, all educational institutions, governments, employment agencies, labor unions with 15 or more members, apprenticeships and training programs |
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Term
| Which government agency was set up to administer Title VII? |
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Definition
| the Equal Employment Opportunity Commission (EEOC) |
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Term
| Types of exceptions to Title VII |
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Definition
| work related requirements, bona fide occupational qualifications (BFOQ), and seniority systems |
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Term
| Kolstad v. American Dental Association (1999) |
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Definition
| the Supreme Court case that held that the availability of punitive damages authorized by the Civil Rights Act (1991) depends on the motive of the discriminator rather than the nature of the conduct. (Rejected the claim that an employee must prove that a discriminatory act was "egregious or outrageous". Instead, an employee must prove that the employer acted with malice or reckless indifference to his or her rights.) Also created a safe harbor from punitive damages for employers that have good-faith practices to comply with Title VII. |
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Term
| Age Discrimination in Employment Act (1967) & its amendments |
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Definition
| (ADEA) Prohibits discrimination in employment for persons age 40. Amendments to the ADEA also eliminate mandatory retirement ages, except in certain limited circumstances. |
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Term
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Definition
| bona fide occupational qualifications, adherence to a genuine seniority or benefit plan, mandatory retirement at age 65 for top executives or high policy makers (must have held current position for 2 years and be entitled to receive company-sponsored retirement benefits of at least $44,000/year) |
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Term
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Definition
| all private and public employers with 20 or more employees, unions with 25 or more members, employment agencies, apprenticeships and training programs |
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Term
| Smith v. Jackson, Mississippi (2005) |
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Definition
| the Supreme Court case that held that, like Title VII, the ADEA authorizes recovery based on claims of disparate impact. However, it found that the scope of disparate impact liability under the ADEA is narrower than that under Title VII. (Under Title VII, an employer must show that a policy or practice which had disparate impact was consistent with business necessity and there was no other way to achieve its goal. Under ADEA, the employer must show only that a policy or practice was based on reasonable factors other than age.) |
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Term
| Pregnancy Discrimination Act (1978) |
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Definition
| Amended Title VII to prohibit discrimination based on the basis of pregnancy, childbirth, or related conditions. Requires employers to treat pregnancy the same as any other temporary disability. |
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Term
| Title I of the Americans with Disabilities Act (1990) |
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Definition
| Prohibits discrimination against a qualified individual with s disability in employment because of his/her disability. Also prohibits discrimination against individuals who have a record of, or who are perceived as having a disability. Also prohibits discrimination because of a known or perceived disability of an individual with whom the qualified individual has a relationship or association. |
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Term
| Under the ADA, a qualified individual is... |
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Definition
| one who can perform the essential functions of the job with or without reasonable accommodation. |
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Term
| Under the ADA, reasonable accommodation is... |
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Definition
| the modification of a job application process, work environment, or circumstance under which a job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions. |
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Term
| Under the ADA, a disability is defined as... |
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Definition
| a physical or mental impairment that substantially limits one or more major life activities such as bathing, dressing, etc. |
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Term
| Under the ADA, essential function means... |
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Definition
| the primary job duties that that a qualified individual must be able to perform, either with or without accommodation. A function maybe considered essential because it is required in a job, there are a limited number of employees available among whom performance of the function can be distributed, or because it is highly specialized. |
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Term
| Factors determining whether reasonable accommodation is necessary... |
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Definition
| The individual's needs and desires for accommodation, the individual's abilities and limitations in performing a specific job, the nature of the business and the job, the resources of the employer, the options for accommodation, the extent of hardship for the employer i making the accommodation. |
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Term
| Sutton v. United Airlines (1999) |
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Definition
| the Supreme Court case that held that a person may not be considered disabled under the ADA if the individual's condition is controlled or corrected by medication or mitigating measures. |
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Term
| Uniform Guidelines on Employee Selection Procedures (1978) |
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Definition
| A procedural document issued in pursuance to Title VII, which assists employers in complying with federal regulations prohibiting discrimination. Covers all aspects of the selection process recruiting, testing, interviewing, performance appraisals, etc). Recommends that employers be able to demonstrate that selection procedures that have an adverse impact (disparate impact) upon minorities or women are valid in predicting or measuring performance in a particular job. |
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Term
| Under the Uniform Guidelines on Employee Selection Procedures, adverse (disparate) occurs when... |
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Definition
| the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate. |
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Term
| To determine adverse impact... |
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Definition
| 1. Identify the selection rate for each group. 2. Identify the group with the highest selection rate (the majority group). Divide the selection rate of the group with the lowest rate by the selection rate of the group with the highest rate. 4. If the selection rate of the minority group is less than 80% of the majority group, adverse impact is indicated. |
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Term
| When adverse impact occurs, employers have the following alternatives... |
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Definition
| Abandon the procedure, Modify the procedure to eliminate adverse impact, Validate the job-relatedness of the selection procedure, justify the procedure as a business necessity. |
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Term
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Definition
| Expanded possible damage awards available to victims of intentional discrimination in violation of Title VII, the ADA, and Section 501 of the Rehabilitation Act to include compensatory and punitive damages. Gives plaintiffs in cases of alleged intentional discrimination right to a jury trial. |
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Term
| Executive Orders and Legislation Affecting Affirmative Action |
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Definition
| (Executive Order 11246, VEVRAA, JVA, and Section 503 of the Rehabilitation act and the ADA) Prohibit discrimination and require federal contractors and subcontractors to take affirmative action to eliminate employment barriers to women and minorities. |
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Term
| Define Affirmative Action |
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Definition
| The practice in which employers identify conspicuous imbalances in their workforce and take positive steps to correct underrepresentation of protected classes. |
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Term
| The Executive Orders and Legislation Affecting Affirmative Action are enforced by... |
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Definition
| the DOL's Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) |
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Term
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Definition
| Requires federal contractors with 50 or more employees and a contract or subcontract of $50,000 or more to create an affirmative action plan for women and minorities |
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Term
| VEVRAA and JVA affirmative action requirements |
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Definition
| Require federal contractors with 50 or more employees and contracts or subcontracts of $50,000 or more entered into prior to December 1, 2003 to develop an affirmative action plan for special disabled veterans, Vietnam-era veterans, recently separated veterans, and other protected veterans. Also require federal contractors with contracts or subcontracts of $100,000 or more entered into or modified after December 1, 2003 with 50 or more employees to develop an affirmative action plan for disabled veterans, recently separated veterans, armed forces service medal veterans, and other protected veterans. |
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Term
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Definition
| Prohibits discrimination based on physical or mental disabilities; requires employers to make reasonable accommodation for the physical or mental disability unless there is undue hardship; requires affirmative action |
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Term
| The Rehabilitation Act applies to |
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Definition
| the federal government and federal contractors with contracts over $10,000 |
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Term
| Under the Rehabilitation Act, an "individual with a disability" is |
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Definition
| any 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 an impairment |
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Term
| School Board of Nassau v. Arline (1987) |
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Definition
| the Supreme Court case that held that the Rehabilitation Act prohibits discrimination against persons with contagious diseases, and could be used to prohibit discrimination against people with AIDS. |
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Term
| Immigration Reform and Control Act (1986) |
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Definition
| (IRCA) Prohibits discrimination against job applicants on basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work |
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Term
| Which government agency enforces the Immigration Reform and Control Act? |
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Definition
| US Citizenship and Immigration Services (USCIS) |
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Term
| The burden of verifying employee eligibility to work falls on... |
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Definition
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Term
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Definition
| must be completed by employer and employee within three days of hire; establishes two facts about an employee: identity and right to work in the U.S. |
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Term
| Immigration Reform and Immigrant Responsibility Act (1996) |
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Definition
| Reduced the number of documents that can be accepted to verify identity and/or right to work. |
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Term
| Two broad groups of visas are... |
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Definition
| immigrant (commonly referred to as green cards), which are permanent, and nonimmigrant, which are temporary |
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Term
| Program Electronic Review Management |
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Definition
| (PERM) the streamlined process for obtaining labor certification (the first stage of the green card process for foreign nationals seeking permanent residence through their employment) |
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Term
| Worker Adjustment and Retraining Notification Act (1988) |
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Definition
| (WARN) requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur |
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Term
| WARN affects employers who |
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Definition
| employ 100 or more full-time employees or full-time and part-time employees who, in aggregate, work at least 4,000 hours (exclusive of overtime hours) per week at all employment sites) |
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Term
| Under the WARN Act, 60 days' notice must be given to |
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Definition
| affected workers or their representatives; state dislocated worker units; the chief elected official of the local government where the closing or layoff is to occur |
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Term
| Under the WARN Act, employment loss is... |
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Definition
| the involuntary termination of employment (other than for cause), layoff for more than six months, or at least 50% reduction in hours for each month of a six-month period (part-time employees are not considered) |
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Term
| Under the WARN Act, a plant closing is... |
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Definition
| a shutdown, either temporary or permanent, of an entire single site or one or more facilities or operating units within a single employment site that results in an employment loss during any 30-day period for 50 or more full-time employees (part-time employees not counted) |
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Term
| Under the WARN Act, a mass layoff is... |
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Definition
| a reduction in force, not a plant closing, during any 30 day period that results in the employment loss at a single employment site for either 50 or more full-time employees, if they compose 33% of the workforce at the employment site, or 500 or more full-time employees. (part-time employees excluded) |
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Term
| Congressional Accountability Act (1995) |
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Definition
| Requires that federal employee relations legislation enacted by Congress apply to the employees of Congress |
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Term
| The CRA requires congress to comply with... |
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Definition
| FLSA, Title VII, OSHA, ADA, FMLA, Civil Service Reform Act, ADEA, EPPA, WARN, Rehabilitation Act, VRA |
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Term
| Uniformed Services Employment and Reemployment Rights Act (1994) |
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Definition
| Protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services |
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Term
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Definition
| Protects the employment records of federal goverment employees from disclosure without prior authorization |
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Term
| Employee Polygraph Protection Act (1988) |
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Definition
| Prohibits employers from using polygraph tests in employment decisions except for a few narrowly defined exceptions for "security-senistive" positions and during investigations of workplace incidents; provides protection for current and prospective employees. |
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Term
| Consumer Credit Protection Act (1968) |
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Definition
| Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors; also prohibits employers from terminating an employee for one single indebtedness, even if it results in repeated garnishments |
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Term
| Fair Credit Reporting Act (1970) and Fair and Accurate Credit Transactions Act (2003) |
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Definition
| (FCRA & FACT) Protect the privacy of background information and ensure that the information supplied is accurate; imposes notice requirements on employers that rely on consumer background reports. |
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Term
| Under FCRA and FACT, consumer reports include... |
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Definition
| credit reports, criminal background checks, motor vehicle history, employment verifications, and reference checks by consumer reporting agencies |
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Term
| The 3 employer requirements of FCRA are |
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Definition
1. Written notice and authorization before obtaining a consumer report.
2. Pre-adverse action notification and notification of rights.
3. Adverse action notice & response to requests for disclosure of nature and scope of investigation. |
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Term
| Under FACT, an employer who uses a third party to conduct a workplace investigation does not need to follow the consent and disclosure requirements of FCRA before commencing hte investigation if it involves... |
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Definition
1. Suspected misconduct.
2. A violation of law or regulations.
3. A violation of any preexisting written policies of the employer. |
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