Legal Compliance Chapter 2 Questions And Answers

Legal Compliance Chapter 2 Questions And Answers Need for Laws and Regulations - CORRECT ANSWERS -Balance of power -Protection of employees -Protection of employers Sources of Laws and Regualtions - CORRECT ANSWERS -Common Law (Employment-at-will, Torts) -Constitutional Law (5th & 14th amendments) -Statutory Law (Civil Rights Act, Age Discrimination in Employment Act, etc) -Executive Order (11246) -Agencies (EEOC, DOL, FEP, etc) Major Federal/AA Laws - CORRECT ANSWERS 1. Civil Rights Act 2. Age Discrimination in Employment 3. Americans with Disabilities Act 4. Genetic Information Nondiscrimination Act 5. Rehabilitation Act 6. Executive Order 11246 Civil Rights Act (1964, 1991) - CORRECT ANSWERS Unlawful employment practices: Prohibits discrimination of Race, Color, Religion, National Origin, and sex through refusal to hire or to discharge as well as to segregate or classify an individual by these categories. CRA: Disparate Impact - CORRECT ANSWERS Is proof that some employment practice, policy, or decision affects on class of employee more harshly than it affects another class. Focuses on effect of employment practices, rather than on motive or intent underlying them. Involves use of statistics (Does not show intent) CRA: Disparate Treatment - CORRECT ANSWERS Involves allegations of intentional discrimination where employer knowingly discriminated on basis of specific characteristics. May be direct, consist of mixed motive, or inferred from situation factors. CRA: Mixed Motives - CORRECT ANSWERS A claim that while a prohibited factor, such as sex, entered into a staffing decision, other factors, such as job qualifications did also. CRA: Bona Fide Occupations Qualification (BFOQ) - CORRECT ANSWERS Can be a defense for an employer that has engaged in intentional discrimination. The burden is on the employer to prove a __________, and it is a difficult burden. Discrimination is OK "in those certain instances where religion, sex, or national origin is a _____________ reasonably necessary to the normal operation of that particular business or enterprise (Example - State prison hires only men as guards in a jungle-atmosphere male-only prison) CRA: Testing - CORRECT ANSWERS The employer may "give an act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the basis of results is not designed, intended or used to discriminate because of race, color, religion, sex, or national origin." CRA: Test Score Adjustments - CORRECT ANSWERS It is unlawful employment practice "to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex or national origin." Also bans so called race norming. CRA: Seniority or Merit System - CORRECT ANSWERS Permits the use of seniority and merit systems as long as it is 'bona fide', and it may not be the result of an intention to discriminate. Especially prevalent in internal staffing systems. CRA: Employment Advertising - CORRECT ANSWERS The employer may not indicate "any preference, limitation, specification, or discrimination based on race, color, religion, sex, or national origin." An exception to this is if sex, religion, or national origin is a BFOQ. CRA: Pregnancy - CORRECT ANSWERS Under the Pregnancy Discrimination Act (PDA), an employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy related condition, or because of the prejudices of coworkers, clients, or customers. CRA: Preferential Treatment and Quotas - CORRECT ANSWERS The law does not require preferential treatment or quotas. The employer is not required to have a balanced workforce, meaning one whose demographic composition matches or mirrors the demographic makeup of the surrounding population from which the employer draws its employees. Age Discrimination in Employment Act (1967) - CORRECT ANSWERS The law explicitly and inclusively prohibits discrimination against those aged 40 and older. Provisions: -Prohibited age discrimination -BFOQ -Factors other than age -Seniority systems -Employment Advertising