AOL Exam Questions and Correct Solutions Rated A+

Fair Labor Standards Act (FLSA) - minimum standards for wage and overtime. child labor, equal pay, and portal-to-portal activities Title VII of the Civil Rights Act - equitable treatment in employment. prohibits discrimination in employment on the basis of race, color, religion, gender or national origin. Disparate Treatment - occurs when an individual in a protected category is treated differently than other qualified employees not in a protected category. People experience this discrimination based on their membership in a protected class. Adverse/Disparate Impact - occurs when an employment practice unintentionally discriminates against a protected group. Age Discrimination in Employment Act (ADEA) - protects employees age 40+ against employment discrimination. Drug-Free Workplace Act - any company that has federal contracts worth $25,000 or more is required to have a written drug policy in place. Employee Polygraph Protection Act - places strict limits on when an employer can use a polygraph test. Can be used as a selection device for: private security, pharmaceutical and drug companies, federal state and local governments. Employees may be tested under the following circumstances: involved in an ongoing theft investigation, had access to the property related to investigation, suspicion that employee was involved in theft, employee must receive written notice about investigation and the test. Worker Adjustment and Retraining Notification Act (WARNA) - Employers who have 100 or more employees must give employees 60 day notice of plant closing or layoffs. Exceptions: closing of temporary facilities, completion of an activity when the workers were hired only for the duration of that activity, natural disaster, closing of a faltering company, unforeseeable circumstances EEOC Complaint Process - 1. Complaint must be filed within 180 days after the discrimination practice. 2. EEOC notifies employer of complaint via letter. Letter includes a copy of the charges and requests further information from employer. Employer must respond with documents and statement of position. 3. EEOC reviews charges and assesses for "reasonable cause". EEOC determines if the employer has enough employees to be held to EEOC jurisdiction and whether the complaint alleges a violation with the EEOC's jurisdiction. 4 (A). If reasonable cause is found: EEOC attempts conciliation. Employer required to provide remedies to settle. Charge is settled or may go to a litigation with EEOC or private court. 4 (B). If reasonable cause is NOT found: EEOC notifies both parties and the employer is required to come up with a remedy for an out-of-court resolution. If no resolution: Complaint is notified of right to sue, EEOC involvement ends, Complainant may sue in court. 4 (C). If EEOC does not make a determination: employee has the right to request a right-to-sue letter after 180 days. Complainant must file suit in federal court within 90 days after receiving right-to-sue letter. HR Involvement in the EEOC Litigation Process - Answering the complaint: must file an answer with the court that either denies or admits to the claim. HR provides personnel files and any other related documents. Discovery Process: Most time consuming portion. Both sides research and investigate the claim. HR provides personnel information and can help investigate and interview related individuals. Pretrial and trial: time period before the trial and the actual trial. HR assists legal counsel in anyway it can with litigation, additional information or documentation, and scheduling witnesses.