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RPLU 11 Employment Practice Liability Test | Questions and Answers Verified 100% Correct
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RPLU 11 Employment Practice Liability Test | Questions and Answers Verified 100% Correct
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RPLU 11 Employment Practice Liability Test |Questions and Answers Verified 100% Correct
Civil Rights Act of 1866 - ✔✔Provides equal rights to all persons to enter and enforce
contracts; Prohibits discrimination in housing and employment based on race, ancestry or
ethnicity; Applies to all employers, not based on number of employees; Enforced by EEOC
Equal Pay Act - ✔✔Prohibits pay discrimination based on gender; Applies to employers with
2+ employees; With gross sales > $500,000; Engaged in interstate commerce; Strict liability
does not require proof of discrimination; Possible relief/potential damages is Back Pay;
Enforced by EEOC
Civil Rights Act of 1964 - ✔✔Prohibits discrimination on the basis of race, color, religion, sex
or national origin; Prohibits discrimination in hiring, firing, recruitment, promotion, pay,
benefits, working conditions; Prohibits retaliation; Applies to employers with 15+ employees for
20 weeks in current or preceding year; Cap on damages based on number of employees;
Possible relief/potential damages are Hiring, reinstatement, promotion, Back pay, Front Pay,
Attorneys' fees, Injunctive relief, Compensatory and punitive damages; Enforced by EEOC
Employment Practices that are covered by federal, state and local laws include: - ✔✔Hiring
and firing, Compensation and classification, Work Assignments, Promotions, transfers, layoffs
and recalls, Recruitment, Testing, Training and apprenticeship programs, Retirement plans,
fringe benefits and disability leave
Which types of people/organizations are likely to file a lawsuit against an employer based on
federal, state and local laws and regulations? - ✔✔Employees, applicants, clients, customers
and government agencies
Under which statutes are most employment-related lawsuits filed? - ✔✔Most employment-
related lawsuits are filed under federal statutes
,Do state and local laws have the potential to increase employers' liability? - ✔✔Yes, state
and local laws may increase an employer's liability but will never limit an employee's rights
under the federal statutes
Compensatory and punitive damages for claims alleging violation of Title VII of the Civil Rights
Act of 1964 are limited based on the number of employees as follows: - ✔✔15 - 100
employees/$50,000; 101 - 200 employees/$100,000; 201 - 500 employees/$200,000; 501+
employees/$300,000 Note these caps are applied per claimant; If 10 employees file a
harassment lawsuit and individual damages are capped at $300,000 then the employer's
liability may be $3M
Pregnancy Discrimination Act of 1978 - ✔✔Amended Title VII to include discrimination on
the basis of pregnancy as a type of sex discrimination
Civil Rights Act of 1991 - ✔✔Amended Title VII to provide that employees bringing
discrimination claims had the right to a jury trial and provided for compensatory and punitive
damages when employers were found to have willfully violated the law
Which law created the EEOC? - ✔✔The Civil Rights Act of 1964 created the EEOC
How many claims were received by the EEOC in 2011 for ADEA charges? - ✔✔In 2011 the
EEOC received 23,465 ADEA charges and collected over $95M in recovery for individuals
claiming age discrimination
When are companies more likely to face an ADEA claim? - ✔✔Companies are more likely to
encounter ADEA claims when they are involved in layoffs, reduction-in-force actions, mergers
and other similar activities
How many claims were received by the EEOC in 2011 for ADA charges? - ✔✔In 2011 the
EEOC received 25,742 ADA charges and collected over $103M in recovery for individuals
claiming disability discrimination
,The American with Disabilities Amendments Act of 2001 ADAA - ✔✔Makes it easier for
individuals with disabilities to obtain the ADA's protection; Made it clear that the primary focus
in ADA cases should be on whether employers complied with their obligations under the
statute and whether discrimination occurred, not whether individuals are disabled under the
law
How does the ADA define a disabled person? - ✔✔ADA defines a disabled person as one
who: Has a physical or mental impairment that substantially limits one or more major life
activities; Has a record of such impairment or; Is regarded as having an impairment
What is the Association Provision? - ✔✔The ADA includes a provision that protects
employees and applicants from discrimination based on their relationship with an individual
with a disability, whether or not the applicant or employee has a disability
How can the 12 weeks of leave provided under FMLA be takes? - ✔✔The 12 weeks of leave
provided under FMLA may be taken as one block of time, in small blocks as needed
(intermittent leave) or as part of a reduced work schedule
What do most FMLA claims allege? - ✔✔Most FMLA claims are allegations of denial of FMLA
leave, denial of reinstatement after FMLA leave or retaliation for taking FMLA leave
What are the military family leave provisions under FMLA? - ✔✔Under the family military
leave provisions of the FMLA, an eligible employee who is the spouse, son, daughter, parent or
next of kin of a "covered service member" is entitled to a total of 26 work weeks of leave during
a "single 12 month period" to care for a service member; A covered service member is defined
as a member of the Armed Forces who (1) is undergoing medical treatment, recuperation, or
therapy, (2) is otherwise in outpatient status, or (3) is otherwise on the temporary disability
retired list for a "serious injury or illness; A serious injury or illness is one that is incurred on
active duty and in the line of duty
Veterans Employment and Training Service (VETS) - ✔✔An separate agency within the
Department of Labor that is charged with investigating and resolving USERRA claims
, Which agencies may enforce Whistleblower retaliation claims? - ✔✔Whistleblower
retaliation claims may be enforced by OSHA, the EEOC, the National Labor Relations Board or
other agencies depending on the type of claim and the related federal statutes
The EEOC enforces Whistleblower retaliation claims against which Federal Statutes? -
✔✔ADEA, ADA, Title VII are federal statutes where the EEOC will enforce whistleblower
retaliation claims
OSHA enforces Whistleblower retaliation claims against which Federal Statutes? - ✔✔Clean
Air Act, Comprehensive Environmental Response, Compensation and Liability Act (Super Fund),
Occupational Safety and Helath Act, Safe Drinking Water Act, Sarbanes-Oxley Act, Solid Waste
Disposal Act, Toxic Substances Control Act and Water Pollution Control Act (Clean Water Act)
are federal statutes where OSHA will enforce whistleblower retaliation claims
The Federal District Court enforces Whistleblower retaliation claims against which Federal
Statutes? - ✔✔ERISA and Labor Management Relations Act are federal statutes where the
Federal District Court will enforce whistleblower retaliation claims
The Department of Labor enforces Whistleblower retaliation claims against which Federal
Statutes? - ✔✔Equal Pay Act, Fair Labor Standards Act, FMLA, Federal Mine Health and
Safety Act, Longshoreman's/Harbor Worker's Compensation Act are federal statutes where the
Department of Labor will enforce whistleblower retaliation claims
The National Labor Relations Board enforces Whistleblower retaliation claims against which
Federal Statutes? - ✔✔National Labor Relations Act is a federal statute where the National
Labor Relations Board will enforce a whistleblower retaliation claim
OFCCP and EEOC enforces Whistleblower retaliation claims against which Federal Statutes? -
✔✔Rehabilitation Act is a federal statute where the OFCCP and EEOC will enforce a
whistleblower retaliation claim
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