C233 Employment Law QUESTION AND CORRECT ANSWER 2023

C233 Employment Law QUESTION AND CORRECT ANSWER 2023 Implied Contract - CORRECT ANSWER-Legally binding agreement which is created, not through formal contract negotiation and documentation, but by actions of employer and employee AKA-oral assurances Supremacy Clause - CORRECT ANSWER-mandates that the constitution, federal law, treaties and federal regulations are the highest laws of the land and have priority over state law. Frolic and Detour - CORRECT ANSWER-Employee's physical departure from the job in order to further his/her own interests and not the employers. Dual Purpose Mission - CORRECT ANSWER-Occurs when an employee conducts personal and work business at the same time; subjecting the employer to the employees actions Pregnancy Discrimination Act (PDA) - CORRECT ANSWER-1978; Prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations. (possibly as a temporarily disabled worker) Equal Pay Act 1963 (EPA) - CORRECT ANSWER-protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination Civil Rights Act of 1991 - CORRECT ANSWER-allows for compensatory and punitive damages for violations of Tytle VII Age Discrimination in Employment Act of 1967 (ADEA) - CORRECT ANSWER-protects individuals who are 40 years of age or older Americans with Disabilities Act of 1967 (ADA) - CORRECT ANSWER-prohibits disability discrimination in the private sector The Rehabilitation Act of 1991 - CORRECT ANSWER-prohibits discrimination against qualified individuals with disabilities who work in the federal government Uniformed Services Employment and Re-employment Rights Act (USERRA) - CORRECT ANSWER-protects military personnel from employment disctrimination Equal Employment Opportunity Commission (EEOC) - CORRECT ANSWER-federal agency created by the Civil Rights Act of 1964 and today enforces federal antidiscrimination statutes, and provides oversight for all federal equal opp standards in employment regulations Discriminatory Evidence - CORRECT ANSWER--Direct Evidence -Comparative Evidence -Bona Fide -Pattern and Practice Direct Evidence - CORRECT ANSWER-Real, clear evidence of discrimination that requires no inference or consideration to prove existence Comparative Evidence - CORRECT ANSWER-Two employees were similarly situated but were treated differently merely because of class characteristic. Bona Fide Occupational Qualification (BFOQ) - CORRECT ANSWER-A reasonable employment qualification that an employer is allowed to consider when making decisions about hiring and retaining employees Pattern and Practice - CORRECT ANSWER-discrimination is where the employers policies have the purpose or effect of segregation or assigning employees to particular aspects of a business enterprise for no legitimate business necessity Gender Plus Discrimination - CORRECT ANSWER-results when an employer classifies employees on a basis of gender, plus another characteristic-usually a family-related circumstance Anti-Female Animus - CORRECT ANSWER-An environment of animosity toward women Quid Pro Quo - CORRECT ANSWER-(this for that). Notion that an employer seeks sexual favors in exchange for some positive employment outcome for an employee Tangible Job Action - CORRECT ANSWER-an employment outcome arising out of sexual harassment Hostile Work Environment Requirements - CORRECT ANSWER--Unwelcome conduct towards victim -objectionable conduct based on gender -conduct sufficiently sever or pervasive to create abusive working environment -conduct alters the conditions of employment in a way which negatively affects victim -employer knew or should have known the unwelcome conduct and took insufficient action to address Unwelcome Conduct - CORRECT ANSWER-not solicited by the employee and that a reasonable person would regard as offensive or unwanted First Written Warning - CORRECT ANSWER-2nd step in a disciplinary process, which advises an employee that work behavior must change, lays out steps that have already been taken to advise the employee of the deficit and describes steps that need to be taken to improve performance and remain employed Age Discrimination in Employment Act (ADEA) - CORRECT ANSWER-protect workers aged 40 or older. applies to employers/unions with more than 20 employees Title VII Cover Employers that have... - CORRECT ANSWER-fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person EEOC - CORRECT ANSWER-federal agency created by the Civil Rights Act of 1964, and today it enforces federal anti-discrimination statutes, and provides oversight for all federal equal opportunity standards in employment regulations Disparate Impact Discrimination (Adverse Impact) - CORRECT ANSWER-plaintiff claims not that the employer intentionally discriminated, but rather the employer's procedures, policies, or practices are "not job-related and consistent with a business necessity" and have the effect of creating an unnecessary obstacle to employment opportunity for a specific protected class. Laws Enforced by EEOC - CORRECT ANSWER--The Equal Pay Act of 1963 (EPA) The Age Discrimination in Employment Act of 1967 (ADEA) -The Americans with Disabilities Act of 1990 (ADA) (Title I and Title V) -The Rehabilitation Act of 1973 (Sections 501 and 505) -The Civil Rights Act of 1991 -The Uniformed Services Employment and Re-employment Rights Act (USERRAEqual Pay Act of 1963 (EPA) - CORRECT ANSWER-protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; Age Discrimination in Employment Act of 1967 (ADEA) - CORRECT ANSWER-protects individuals who are 40 years of age or older Americans with Disabilities Act of 1990 (ADA) - CORRECT ANSWER-and its 2008 Amendments (ADAAA), which prohibit disability discrimination in the private sector