What is the Employment-at-will Doctrine? correct answers Allows employer to terminate an
employee at any time, for any reason, unless violates contractual limitation/statute/bargaining
agreement
What are the four exceptions to the employment-at-will doctrine? correct answers 1. Public
Policy - IE refusing to commit unlawful act
2. Implied-contract - breach of promise not to discharge
3. Covenant of good faith and fair dealing - implied promise to deal fairly
4. Statutory Exceptions - discriminatory acts
What is the 1967 Age Discrimination in Employment Act (ADEA)? correct answers Prohibits
employers from discriminating against employees over the age of 40, unless BFOQ
What is a bona fide occupational qualification? correct answers A qualification that is reasonable
necessary to the business. Race and color are never BFOQs
What is the Older Workers Benefit Protection Act? correct answers Amends ADEA to prohibit
discrimination against older workers in employment benefits
What is the Civil Rights Act of 1866 (aka Section 1981)? correct answers Prohibits employment
discrimination based on ancestry or ethnic characteristics.
What is the Civil Rights Act of 1991? correct answers 1. Allows recovery of damages under Title
VII and ADA
2. Broadens Section 1981 to include on-the-job discrimination and
3. Shifts the burden of proof to the employer in disparate impact cases
, What is Title VII of the Civil Rights Act of 1964? correct answers Prohibits discrimination by
employers and unions based on race, color, religion, national origin, or sex. Does not apply to the
US gov, private membership/religious groups
What is the Disparate Treatment Theory of discrimination under Title VII? correct answers
Employee must establish that the employer's acts were motivated (even in part) by the intent to
discriminate.
What is the Disparate Impact Theory of discrimination under Title VII? correct answers
Employee must establish that apparently neutral empowerment practices have had a
disproportionate effect on a protected class.
What are the two types of harassment claims? correct answers 1. Quid pro quo - job
advancement or conditioned upon sexual requests
2. Hostile environment - sexual work environment to such an extent that it is oppressive
What is Constructive Discharge? correct answers When an employee is forced to resign due to an
oppressive environment
When are employers responsible for the sexual harassment of employees? correct answers When
employer knew or should have known of the harassment, even if it was specifically prohibited by
company policy
What is the Executive Order 11246 of 1965? correct answers Prohibits job discrimination based
on race/creed/national origin/sex by those under contract with the federal government. Also
creates federally mandated affirmative action.
What is the Equal Pay Act (EPA)? correct answers Act prohibits sex discrimination in wages for
work that requires equal skill, effort, responsibility, and working conditions.
What is the Immigration Reform and Control Act (IRCA)? correct answers 1. prohibits
employers from hiring aliens not authorized to work in the US