Employment Law: Worker Safety, Discrimination, Unions, and Employee Rights

30 question-and-answer flashcards that review key federal employment-law concepts, including workplace safety, anti-discrimination statutes, labor-union rights, and additional employee protections such as FMLA and unemployment benefits.

What is workers’ compensation and why is it called the exclusive remedy for job-related injuries?

It is state-mandated insurance that lets employees recover for work injuries without proving employer negligence; because it is mandatory and nearly automatic, employees generally cannot sue the employer in court for those injuries.

Under workers’ compensation, are stress-related illnesses compensable?

Yes, if the stress is not caused by the employee’s ordinary job duties.

Which 1970 federal law created OSHA to promote workplace safety and health?

The Occupational Safety and Health Act (OSHA).

What federal agency inspects worksites for compliance with safety and health standards?

The Occupational Safety and Health Administration (OSHA).

What is ergonomics and why has it gained importance under OSHA?

Ergonomics is the science of designing workplaces to promote safety and health; employers focus on it to meet OSHA safety standards.

What are affirmative action plans in the context of employment discrimination law?

Detailed records employers maintain and report to show their employment practices are non-discriminatory.

Which title of the Civil Rights Act of 1964 prohibits employment discrimination?

Title VII.

What protected classes are covered by Title VII of the Civil Rights Act of 1964?

Race, sex, religion, and national origin.

Which federal agency was created by the Civil Rights Act of 1964 to enforce anti-discrimination laws?

The Equal Employment Opportunity Commission (EEOC).

What does the Equal Pay Act of 1963 require?

Equal pay for men and women performing substantially similar jobs.

Name one lawful reason an employer may pay different wages to employees of different sexes under the Equal Pay Act.

Seniority or tenure within the organization (other acceptable answers: merit system, quantity/quality of production).

Which 2009 statute resets the statute of limitations each time a discriminatory paycheck is issued?

The Lilly Ledbetter Fair Pay Act of 2009.

Who is protected under the Age Discrimination in Employment Act of 1967 (ADEA)?

Employees and job applicants who are 40 years of age or older.

What federal law protects employees from discrimination based on pregnancy?

The Pregnancy Discrimination Act of 1978.

Which law requires employers to provide reasonable accommodation to qualified employees with disabilities unless it causes undue hardship?

The Americans with Disabilities Act of 1990 (ADA).

Give two examples of conditions that qualify as disabilities under the ADA.

Examples include cancer, diabetes, alcoholism, AIDS, epilepsy, manic depression, schizophrenia, sight or hearing impairment, use of a wheelchair, and others.

What two additional remedies did the Civil Rights Act of 1991 add for proven discrimination cases?

Punitive damages and compensation for emotional distress.

Define sexual harassment in the workplace.

Unwelcome sexual attention—verbal or physical—that affects an employee’s job conditions or creates a hostile work environment.

Give two examples of conduct that can constitute sexual harassment.

Examples: repeated unwelcome propositions, quid pro quo coercion, favoritism due to a relationship, inappropriate touching, obscene jokes, suggestive pictures or graffiti.

What primary defense might an employer assert in a sexual-harassment lawsuit?

That it had an effective sexual-harassment policy and complaint procedure in place.

What federal agency administers laws relating to labor unions and collective bargaining?

The National Labor Relations Board (NLRB).

List two rights employees have under federal labor law regarding unions.

(1) The right to form, join, or assist a union—or to refrain from doing so; (2) the right to bargain collectively through chosen representatives and vote in union elections.

What is a collective bargaining agreement (CBA)?

A contract negotiated between the union and employer covering all terms and conditions of employment for the bargaining unit.

Differentiate between a wildcat strike and a slowdown.

A wildcat strike is a work stoppage without union approval; a slowdown occurs when employees work but intentionally reduce productivity. Both can breach the CBA.

Name two rights an employer has during labor negotiations.

(1) Freedom from featherbedding and secondary boycotts; (2) the right to insist the union bargain in good faith and to institute a lockout if negotiations fail.

What is a lockout, and when might it be unlawful?

An employer’s refusal to let employees return to work; it may breach the CBA if done improperly.

What does the Family and Medical Leave Act (FMLA) provide to eligible employees?

Up to 12 weeks of unpaid leave per year for personal medical reasons or to care for a child, spouse, or parent.

Under the FMLA, which employers and employees are covered?

Employers with 50+ employees; employees who have worked at least 1,250 hours during the previous 12 months.

What two basic conditions must be met for a worker to receive unemployment compensation?

The worker lost the job through no fault of his/her own and meets the state’s minimum wage/time worked requirements during the base period.

How is unemployment insurance funded in the United States?

Through federal and state unemployment insurance taxes paid by employers.