Module 3

Question 1

Legislative branch

Answer 1

house of rep and senate

Question 2

executive branch

Answer 2

president and regulatory agencies

Question 3

EEO

Answer 3

ensures that all individuals have an equal chance for employment, regardless of race, color, religion, sex, age, disability, or national origin

Question 3

judicial branch

Answer 3

district courts, court of appeals, surpeme court

Question 4

eeoc is ___

Answer 4

regulatory

Question 5

Thirteenth Amendment did what:

Answer 5

abolished slavery

Question 6

fourteenth amendment

Answer 6

provides equal protection for all citizens and requires due process

Question 7

reconstruction civil rights acts

Answer 7

grants all citizens rights to make, perform, modify, and terminate contracts, also punitive and compensatory damages

Question 8

equal pay act of 1963

Answer 8

requires men and women performing equal jobs to get equal pay

Question 9

title 7 of civil rights act

Answer 9

forbids discrimination based on race, color, religion, sex, origin

Question 10

age discrimination in employment act of 1967

Answer 10

prohibits discrimination in employment against individuals 40 years of age and older

Question 11

most eeoc cases are

Answer 11

title 7

Question 12

most specifically the cases are

Answer 12

sex

Question 13

Rehabilitation Act of 1973

Answer 13

requires affirmative action in the employment of individuals with disabilities

Question 14

Vietnam Era veterans readjustment assistance act

Answer 14

requires federal contractors and subcontractors to take affirmative action toward employing Vietnam veterans

Question 15

USERRA- uniformed services employment and reemployment rights act

Answer 15

protects people who serve or have served in the armed forces, reserves, national gaurd, or other uniformed services

Question 16

pregnancy workers fairness act (PWFA)

Answer 16

prohibits discrimination and reasonable accomodation on basis of pregnancy

Question 17

civil rights act of 1991

Answer 17

updated cra 1964, added compensatory and punitive damages

Question 18

americans with disabilities act (ADA)

Answer 18

prohibits against discrim of ppl with disabiltiies

Question 19

14-100 employees punivita damages

Answer 19

$50,000

Question 20

more than 500,000 employees punitive damages

Answer 20

$300,000

Question 21

EO 11246

Answer 21

prohibits gov contractors and subcontractors from discrimination

Question 22

EO 14173

Answer 22

evoked eo 11246, eliminates dei mandates

Question 23

office of federal contract compliance programs (OFCCP)

Answer 23

agency responsible for enforcing executive order that cover comanies doing business wih federal gov

Question 24

ofccp: must have written affirmative action plan consisting of:

Answer 24

utilization anlhysis, goals and timetables, action steps

Question 25

what is disparate treatment?

Answer 25

when individuals are treated diff because of race, sex

Question 26

the plantiff burden for disparate treatment, 4 elements of prima facie

Answer 26

protected group, qualified and applied for position, rejected, position remained open

Question 27

The defendants rebuttal for disparate treatment

Answer 27

bona fide occupational qualification, BFOQ, more qualified candidate

Question 28

disparate impact is

Answer 28

occurs when a neutral employment practice disproportionately excludes a protected group from employment opportunities

Question 29

plantiff burden for disparate impact

Answer 29

4/5 rule- hiring rate for minority group is less than 80%

Question 30

The standard deviation rule is

Answer 30

difference between expected representation vs actual Take % hired out of total for minority and non minority Divide minority by non minority= % ----- percent needs to be 80% or above If under- there is an issue

Question 31

disparate impact defendants' rebuttal

Answer 31

must show that the employment practice is a business necessity

Question 32

disparate impact plantiff rebuttal

Answer 32

argue that the other employment practices could sufficiently meet the employers goal without adverse impact

Question 33

griggs vs duke power

Answer 33

highschool diploma , not needed

Question 34

casey martin is an example of

Answer 34

disability and accommodation

Question 35

what year had the most discrimination complaints

Answer 35

2011

Question 36

Retaliation is in

Answer 36

title 7

Question 37

sexual harassment charges have been ___

Answer 37

decreasing since 2010

Question 38

sexual harassment takes place as

Answer 38

quid pro quo, hostile working environment

Question 39

EEOC Definition of Sexual Harassment

Answer 39

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment

Question 40

affirmative action programs ____ minority representation

Answer 40

increase

Question 41

ricci vs destefano

Answer 41

reverse discrimination, firefighter promotion test, no discrimination since no one was promoted

Question 42

glass ceiling for women

Answer 42

hours worked, occupational choice, sterotypes, maternity and family leave, salary negotiation

Question 43

OSHA: occupational safety and health act

Answer 43

safety and health standards for all places of employment engaging in interstate commerce

Question 44

general duty clause is

Answer 44

employers have general duty to provide a workplace free of recognized hazard that can cause serious death or harm

Question 45

NIOSH- national institute for occupational safety and health

Answer 45

researches and publishes occupational safety and health standards

Question 46

rights granted to workers under OSHA

Answer 46

safe workplace, info and tech, reporting hazards, access to records, protection from retaliation, participation in inspection, refusal of dangerous work, filing complaints

Question 47

GINA- genetic info nondiscrimination act

Answer 47

employer cannot discriminate against an employee whose family has a history of diabetes or cancer

Question 48

OSHA statute of limitations

Answer 48

6 months

Question 49

osha 30 year rule

Answer 49

employers have to retain medical records for at least 30 years after employee termination

Question 50

Family and medical leave act (FMLA)

Answer 50

enforced by the department of labor. 50 or more employees. provide 12 weeks of unpaid leave for birth, adoption, immedicate family memebers w serious health condition, serious health condition to self