Employment Law: Discrimination, Rights, and Protections for Employees

What is the Equal Employment Opportunity Act?

A federal law that prohibits employment discrimination based on race, color, national origin, gender, religion, age, disability, and genetic information.

What is the role of the Equal Employment Opportunity Commission (EEOC)?

The EEOC is the federal agency responsible for enforcing most federal anti-discrimination laws and investigating charges of discrimination.

What are the major forms of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964?

Discrimination based on race, color, national origin, gender, and religion.

What must a complainant prove to establish a prima facie case of disparate treatment discrimination?

The complainant must prove that they were treated differently based on a protected characteristic.

What is a bona fide occupational qualification?

A legitimate reason for hiring based on characteristics such as national origin or gender, which is necessary for the job.

What is the Equal Pay Act of 1963?

A law that protects both sexes from pay discrimination for jobs requiring equal skill, effort, responsibility, or similar working conditions.

What are legitimate defenses for wage differences under the Equal Pay Act?

Defenses include seniority, merit, quantity or quality of product, or any factor other than sex.

What does the Age Discrimination in Employment Act protect against?

It protects employees aged 40 and older from discrimination based on age.

What is the Americans with Disabilities Act (ADA)?

A law that prohibits discrimination against individuals with disabilities and requires reasonable accommodations in the workplace.

What is affirmative action?

Policies that aim to improve opportunities for historically marginalized groups in employment and education.

What are the five original classes protected from job discrimination under Title VII?

Race, color, national origin, gender, and religion.

What is the difference between disparate treatment and disparate impact discrimination?

Disparate treatment involves intentional discrimination against individuals, while disparate impact refers to policies that affect one group more negatively than others, regardless of intent.

What is required for an employer to avoid liability for sexual harassment?

The employer must show that they exercised reasonable care to prevent and promptly correct any harassing behavior.

What is the duty of employees who believe they are being sexually harassed?

Employees have a duty to report the harassment to their employer.

What is a legitimate reason for not hiring someone based on gender?

Hiring a woman for a position at a male-only spa where she would need access to dressing/locker rooms.

Which characteristic can never be a bona fide occupational qualification?

Race.

What is a reasonable accommodation for an employee with a disability?

Instituting flexible working hours.

What constitutes an illegal pay disparity?

Paying a woman less than a man for comparable work without a legitimate defense.

What is the burden of proof for an employer in a discrimination case?

The employer must prove that any defenses raised against discrimination claims are valid.

What is the significance of the phrase 'prima facie case'?

It refers to the establishment of a legally sufficient case based on initial evidence.

What does it mean for an employer to have an anti-harassment policy?

It means the employer has established guidelines to prevent and address harassment in the workplace.

What is the impact of having a complaint mechanism in place?

It allows employees to report harassment or discrimination safely and effectively.

What is the significance of the Fair Employment Practices Act?

It is a state law that complements federal anti-discrimination laws and provides additional protections.

What does 'disparate impact' mean?

A legal theory that refers to policies that disproportionately affect a protected group, even if not intentionally discriminatory.

What is the purpose of the Equal Opportunity Act?

To ensure that all individuals have equal access to employment opportunities without discrimination.

What is the Fair Labor Standards Act (FLSA)?

A federal law that sets minimum wage, overtime pay requirements, and prohibits oppressive child labor for employees engaged in interstate commerce.

What are the child labor regulations under FLSA?

Children under 14 cannot work with few exceptions; ages 14 and 15 may work limited hours in nonhazardous jobs; ages 16 and 17 may work unlimited hours in nonhazardous jobs.

What is the Family and Medical Leave Act (FMLA)?

A federal law that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons.

What is the purpose of the Occupational Safety and Health Administration (OSHA)?

To ensure safe and healthy working conditions by setting and enforcing standards and providing training, outreach, education, and assistance.

What is Workers' Compensation?

A form of insurance providing wage replacement and medical benefits to employees injured in the course of employment.

What does the Employee Retirement Income Security Act (ERISA) regulate?

It establishes standards for pension plans in private industry, including record-keeping, disclosure, and vesting requirements.

What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

A law that requires employers to offer continued health insurance coverage to employees and their families after termination or reduction of hours.

What is the significance of the case Haynes v. Zoological Society of Cincinnati?

It established that an employee can be protected under whistleblower statutes when reporting unsafe working conditions.

What is the definition of 'employment at will'?

A doctrine that allows either the employer or employee to terminate employment at any time, for any reason, unless otherwise specified by law.

What is a reasonable expectation of privacy?

A legal standard that determines whether a person's privacy has been violated, requiring that the individual has a legitimate expectation of privacy in the situation.

What does the Electronic Communications Privacy Act (ECPA) protect?

It protects the privacy of electronic communications and prohibits unauthorized interception and disclosure of such communications.

What is the maximum number of hours an employee can work per week without overtime pay?

Forty hours, according to the Fair Labor Standards Act.

What must an employer do under the Family and Medical Leave Act when an employee requests leave?

The employer must grant the leave if the request meets the qualifying criteria under the FMLA.

Can private employers conduct drug testing on employees?

True, private employers are permitted to conduct drug testing under certain conditions.

What is the role of the U.S. Department of Labor?

It administers and enforces federal labor laws, including those related to wages, workplace safety, and employment discrimination.

What are the advantages of Workers' Compensation?

It provides medical benefits and wage replacement to injured workers without the need for litigation.

What is the purpose of unemployment compensation?

To provide temporary financial assistance to unemployed workers who meet certain eligibility requirements.

What is the significance of Social Security?

It is an intergenerational transfer program that provides financial support to retirees, disabled individuals, and survivors of deceased workers.

What does it mean to be a key employee under FMLA?

A key employee is one whose absence would cause substantial and grievous economic injury to the employer, allowing certain exceptions to reinstatement rights.

What are specific duty standards under OSHA?

Regulations that require employers to comply with specific safety and health standards for particular industries or hazards.

What is the general duty standard under OSHA?

It requires employers to provide a workplace free from recognized hazards that could cause death or serious physical harm.

What is the purpose of social media in litigation?

Social media can be used as a tool for litigation discovery, providing evidence that may impact liability and damage awards.

What are the implications of the case involving Rick Saldona?

It highlights issues of overtime pay, employee rights under FMLA, and the legality of polygraph testing in the workplace.

What is the maximum length of leave allowed under FMLA for caring for a spouse?

Eligible employees can take up to 12 weeks of unpaid leave to care for a spouse with a serious health condition.

Under what circumstances can an employer require a polygraph test?

Employers can require polygraph tests in specific situations, such as when investigating theft or other workplace misconduct, but not for general employment purposes.