SHRM-CP- US Employment laws and
Regulations Exam-Graded A
The constitution - ANS-defines the powers of the different federal govt branches
statutes - ANS-refer to actions passed by the legistative bodies such as congress and
state legislatures and by local govt units such as cities or countries.
executive orders - ANS-a directive by the chief exectutive of govt unit ( president) telling
that govermmental unit how it will act or interact with members of its community.
Agency guidelines - ANS-includes agency interpretations, policy statements, letters and
advisory materials to supplement or explain regulations and statutes
Common law - ANS-Based on court decisions and is recognized on the federal level .
ex. employment at will
Rule making process - ANS-1. rule is proposed
2. public comment is invited
3. final rule is issued
Amendment - ANS-the modification of the constitution or a law
Bill - ANS-a proposal presented to a legislative body for possible enactment as a statute
veto - ANS-action of rejecting a bill or statute
regulations - ANS-reflect how laws will be implemented and often have the force of law.
A rule or order issued by an administrative agency.
Employment practices liability insurance (EPLI) - ANS-a type of liability insurance
covering an organization against claims by employees, former employees and
employment candidates alleging that their legal rights in the employment relationship
have been violated. the purpose is to protect a business against the risk of heavy
financial losses resulting from employment claims and lawsuits.
what does EPLI cover - ANS-discrimination, breach of contract, and wrongful discharge
suits
protected class - ANS-describes people who are covered under a particular federal,
state, or local antidiscrimination law.
, disparate treatment discrimination - ANS-occurs when an applicant or employee is
treated differently because of his or her membership in a protected class - national
orgin, sex or race
disparate (adverse) impact - ANS-results when a neutral policy has a discriminatory
effect. (ex. nonessential education requirements for certain jobs that impact minority
groups who have limited educational opportunities; employment screening requirements
)
Civil rights act of 1964 - ANS-the nations first federal law making it unlawful to
discriminate in employment on basis of race color, religion, sex or national orgin
Why a function may be considered essential - ANS-- the reason the job exists is to
perform the function
- there are a limited # of employees available among whom performance of the job
function can be distributed
- the function is highly specialized and require specific expertise or ability
ADA amendment Act ( ADAAA) of 2008 - ANS-makes it easier for individuals seeking
law's protections to demonstrate that they meet the definition of disability
identifying a reasonable accommodation (steps) - ANS-1. individual asks for
accommodation, directly or indirectly
2. identify the barriers to performance of essential job functions for the individual
3. identify possible accommodations that might be helpful in overcoming barriers
4. assess the reasonableness of the accommodations, whether they are the employers
responsibility or impose undue hardship
5. choose an appropiate accommodation for the individual
Quid pro quo - ANS-harassment that occurs when an employee is forced to choose
between giving in to a superior's sexual demands and forfeting an economic benefit
such as a pay increase or continued employment
Faragher v. City of Boca Raton and Burlington Industries v Ellerth - ANS-US supreme
court rullings distinguished between supervisor harrassment that results in tangible
employment actions (discharge, failure to promote, demotion) and supervisor
harassment that does not.
Vicarious liability - ANS-a legal doctrine under which a party can be held liable for the
wrong actions of another party . because of this, employers are legally responsible for
discriminatory acts of their employees
The Fair labor standards Act- FLSA AKA Wage and hour law AKA Wagner-Connery
Wages and Hours Act - ANS-establishes minimum wage, overtime pay, youth
Regulations Exam-Graded A
The constitution - ANS-defines the powers of the different federal govt branches
statutes - ANS-refer to actions passed by the legistative bodies such as congress and
state legislatures and by local govt units such as cities or countries.
executive orders - ANS-a directive by the chief exectutive of govt unit ( president) telling
that govermmental unit how it will act or interact with members of its community.
Agency guidelines - ANS-includes agency interpretations, policy statements, letters and
advisory materials to supplement or explain regulations and statutes
Common law - ANS-Based on court decisions and is recognized on the federal level .
ex. employment at will
Rule making process - ANS-1. rule is proposed
2. public comment is invited
3. final rule is issued
Amendment - ANS-the modification of the constitution or a law
Bill - ANS-a proposal presented to a legislative body for possible enactment as a statute
veto - ANS-action of rejecting a bill or statute
regulations - ANS-reflect how laws will be implemented and often have the force of law.
A rule or order issued by an administrative agency.
Employment practices liability insurance (EPLI) - ANS-a type of liability insurance
covering an organization against claims by employees, former employees and
employment candidates alleging that their legal rights in the employment relationship
have been violated. the purpose is to protect a business against the risk of heavy
financial losses resulting from employment claims and lawsuits.
what does EPLI cover - ANS-discrimination, breach of contract, and wrongful discharge
suits
protected class - ANS-describes people who are covered under a particular federal,
state, or local antidiscrimination law.
, disparate treatment discrimination - ANS-occurs when an applicant or employee is
treated differently because of his or her membership in a protected class - national
orgin, sex or race
disparate (adverse) impact - ANS-results when a neutral policy has a discriminatory
effect. (ex. nonessential education requirements for certain jobs that impact minority
groups who have limited educational opportunities; employment screening requirements
)
Civil rights act of 1964 - ANS-the nations first federal law making it unlawful to
discriminate in employment on basis of race color, religion, sex or national orgin
Why a function may be considered essential - ANS-- the reason the job exists is to
perform the function
- there are a limited # of employees available among whom performance of the job
function can be distributed
- the function is highly specialized and require specific expertise or ability
ADA amendment Act ( ADAAA) of 2008 - ANS-makes it easier for individuals seeking
law's protections to demonstrate that they meet the definition of disability
identifying a reasonable accommodation (steps) - ANS-1. individual asks for
accommodation, directly or indirectly
2. identify the barriers to performance of essential job functions for the individual
3. identify possible accommodations that might be helpful in overcoming barriers
4. assess the reasonableness of the accommodations, whether they are the employers
responsibility or impose undue hardship
5. choose an appropiate accommodation for the individual
Quid pro quo - ANS-harassment that occurs when an employee is forced to choose
between giving in to a superior's sexual demands and forfeting an economic benefit
such as a pay increase or continued employment
Faragher v. City of Boca Raton and Burlington Industries v Ellerth - ANS-US supreme
court rullings distinguished between supervisor harrassment that results in tangible
employment actions (discharge, failure to promote, demotion) and supervisor
harassment that does not.
Vicarious liability - ANS-a legal doctrine under which a party can be held liable for the
wrong actions of another party . because of this, employers are legally responsible for
discriminatory acts of their employees
The Fair labor standards Act- FLSA AKA Wage and hour law AKA Wagner-Connery
Wages and Hours Act - ANS-establishes minimum wage, overtime pay, youth
