Phr Workforce Planning And Employment Review

Front 1

What have all three branches of the federal government participated in?

Back 1

They participated in regulating the ways employers interact with their employees.

2) Congress has enacted legislation

3) The Executive Branch has enacted regulations and the courts have adjudicated cases to clarify the legislation and regulations of the other two branches.

Front 2

What type of Federal Legislation is the Civil Rights?

Back 2

This legislation was enacted between 1866 and 1963, but the Civil Rights Act of 1964 is regarded at the milestone for Equal Employment opportunity

Front 3

What agency enforces the Civil Rights?

Back 3

Equal Employment Opportunity Commission (EEOC) and /or the Office of Federal Contract Compliance Program (OFCCP)

Front 4

Acronym for Equal Employment Opportunity comission

Back 4

EEOC

Front 5

Acronym for Office of Federal Contract Compliance Programs

Back 5

OFCCP

Front 6

When was the Civil Right Legislation enacted?

Back 6

between 1866 and 1963

Front 7

When was the Civil Rights Act established?

Back 7

It was enacted in 1964

Front 8

What is The Civil Rights Act for?

Back 8

provide all Americans with Equal Employment Opportunity

Front 9

What part of Civil Rights Act was dedicated in providing all Americans with equal employment opportunity?

Back 9

Title VII

Front 10

What did the Civil Rights Legislation impact?

Back 10

It impacted many areas of American Life

Front 11

what did Title VII of the Civil Rights Act of 1964 Introduce?

Back 11

It introduced the concepts of protected classes and unlawful employment practices to American Business

Front 12

What are unlawful employment practices?

Back 12

They are employment practices that have an adverse impact on members of a protected class

Front 13

What is a protected class?

Back 13

It is a group of people who share common characteristics and are protected from discrimination practices.

Front 14

adverse impact

Back 14

It refers to employment practices that seems neutral but have a discriminatory effect on the protected group.

Front 15

When can adverse impact happen?

Back 15

hiring, promotions, training, development, transfers, layoffs and performance appraisals

Front 16

What are the two types of unlawful practices?

Back 16

disparate treatment and disparate impact

Front 17

what is disparate treatment?

Back 17

happens when the employer treats some candidates or employee differently.

Like having women take a driving test for applying for a job but not requiring men to take the test when they apply for the same job.

Front 18

Disparate Impact

Back 18

Also known adverse impact is when the employer practices toward employees seems neutral but has a discriminatory effect on the protected class.

example requiring all candidates for firefighter position to be certain height. Although the requirement applies to all candidates equally, Asian and women for example who might otherwise be qualified for the position are eliminated because they generally are shorter than male candidates of other races.

Front 19

What are the five protected classes defined by the title VII Civil Rights Act of 1964?

Back 19

race, color, religion, national origin and sex

Front 20

what other unlawful employment practices does Title VII of the Civil Rights Act of 1964 define?

Back 20

1.Discriminatory recruiting, selection, or hiring

2.Discriminatory compensation or benefit practices

3.Discriminatory access to training or apprenticeship programs

4.Discriminatory practices in any other terms or conditions of employment

Front 21

What are allowable under Title VII?

Back 21

Legitimate seniority, merit and piece-rate payment systems as long as they don't intentionally discriminate against the protected class.

Front 22

What are some Title VII requirements that allow limited exceptions ?

Back 22

Bona fide occupational qualification (BFOQ)

Educational Institutes - which originally were not subject to Title VII

Religious organizations - may give preference to members of that religion

A potential employee who is unable to obtain or loses a national security clearance which is required for the position is not protected

Indian Reservations may give preference to Native Americans applicants and or employee living near the reservation

Front 23

What does Bona fide occupational qualification (BFOQ) mean?

Back 23

occurs when religion, sex or national origin is reasonably necessary to the normal operation" of the business

Front 24

What did Title VII create?

Back 24

It created the Equal Employment Opportunity Commission (EEOC)

Front 25

What is the the EEOC?

Back 25

It is a Title VII authority to promote equal employment opportunity, educate employers, provide technical assistance, study and report its activities to congress and the American people.

It is also the conformance agency for Title VII and other discrimination legislation.

Front 26

How many times was Title VII amended?

Back 26

It was amended four times

Front 27

What years did the amendments take place?

Back 27

established in 1964 - amended in 1972, 1978 and 1991

Front 28

Equal employment opportunity act

Back 28

EEOA

Front 29

When was the Equal Employment Opportunity Act (EEOA) created and what does it provide?

Back 29

It was created in 1972. The EEOA provide the EEOC with litigation authority in the event that the two parties cannot come to an agreement then it has the authority of suing the nongovernmental employers, union or agencies.

Front 30

The Equal Employment Opportunity Act extended the coverage to entities that were excluded in 1964. What entities did it extent to.

Back 30

educational institutions, state and local government and federal government

Front 31

The EEOA reduced

Back 31

the number of employees needed to subject an employer to the coverage of Title VII from 25 to 15

Front 32

what else did EEOA require when they reduced the employee number?

Back 32

they required employers to keep records of the discovery of any unlawful employment practices and provide those records to the EEOC when requested.

Front 33

EEOA also provided

Back 33

administrative guidance for processing complaints by providing employers to be notified within 10 days of receipt of a charge by EEOC and that the findings should be issued within 120 days of the charge being filed.

Front 34

within how many days does the EEOC have the power to sue employers, unions and agencies in the event that the two parties cannot agree?

Back 34

EEOC can sue within 30 days of notice to the employer if the disagreement is not settled

Front 35

What else does the EEOA provide protection?

Back 35

They provide protection to retaliatory employment actions for whistle-blowers.

Front 36

Pregnancy Discrimination Act of? (PDA)

Back 36

1978

Front 37

What is the PDA for?

Back 37

Congress amended Title VII with the Pregnancy discrimination Act to clarify that discrimination against women who are pregnant, child. Pregnant employees should receive the same treatment and benefits as employees with other short term disability

Front 38

The Civil Rights Act of 1991 - CRA

Back 38

Amendments affected to Title VII the Age Discrimination Act (ADEA) and the Americans with Disabilities Act (ADA) in response to several court cases that were brought by employees on Title VII

Front 39

When was the Age discrimination in Employment Act established?

Back 39

ADEA was enacted in 1967

Front 40

What does ADEA do?

Back 40

It prohibits discrimination against persons who are 40 years of age or older in all employment activities, hiring, job assignment, training, promotion, compensation, benefits, terminating, or any other privileges ,terms and conditions.

Front 41

ADEA applies to?

Back 41

private businesses, unions, employment agencies, state and local government with more than 20 employees

Front 42

Exceptions to ADEA

Back 42

1) BFOQ -reasonably necessary to business. 2)The firing of firefighter or police officers in state and local government. 3)retirement of employees age 65 or older who have been in executive positions for at least 2 years and are eligible for retirements benefits of at least $44,000 per year. 4) Retirement of tenured employees of institutions of higher education at age 70. 5) discharge or discipline for just cause

Front 43

waiver/ Severance Agreement

Back 43

is a contract or legal agreement between an employer and an employee that specifies the terms of an employment termination, such as a lay off.

Front 44

What is assumed when individuals get laid off?

Back 44

The employers decision to lay off certain employees and retaining others can lead to the workers that were discharged to believe they were discriminated against based on age, race, sex, national origin, religion or disability

Front 45

What do employers do to minimize the risk of potential law suit or litigation on the part of terminated employees?

Back 45

employer offered the employee money or benefits in exchange for a release (or "waiver") of liability for all employment relations issues including discrimination claims under the civil rights law which is enforced by Equal Employment Opportunity Commission (EEOC)

Front 46

severance or waiver agreement must be supported by?

Back 46

"Consideration" which is something of value that the a person is not already entitled to, which is given in exchange for an agreement where the employer does or employee refrains from doing.

Front 47

the waiver in a severance agreement generally is valid?

Back 47

when the employee knowingly and voluntarily consents to the waiver.

Front 48

Rules of waiver

Back 48

it depends on the statue under which the the lawsuit has been brought to, whether a waiver is knowingly and voluntarily

Front 49

What is a statue?

Back 49

Statue is a written law which is passed by a legislative, state or federal level. It provides a statement of law that the courts apply to a specific situation. It may forbid a certain act, direct and act, make a declaration or a statement from the government to help society. (general public)

Front 50

When did congress amend the ADEA?

Back 50

in 1990

Front 51

what was the amendment what did it add?

Back 51

It added the Older Workers Benefit Protection Act (OWBP)

Front 52

What is the older workers benefit protection act for?

Back 52

It clarifies and details of discrimination which are prohibited based on age. OWBPA established the specific requirement of "knowing and voluntary" release of ADEA claims which guarantee and provide the employee with the opportunity to whether they want to or not sign the waiver.

Front 53

What are the seven factors that must be complete before a waiver of age discrimination claim is considered knowing and voluntary?

Back 53

1) written in a way that the employee can clearly understand. 2) specifically refer to rights or claims arising under the ADEA. EEOC regulation is to specify a statement that a OWBPA waiver must expressly spell out the Age Discrimination in Employment Act (ADEA). 3) must advise the employee in writing to consult an attorney before accepting the agreement. 4) must provide the employee with no less than 21/or 45(in the case of group termination or layoff) day period to consider the offer. 5) must provide the employee with a seven day period to revoke (which cannot be changed or waived by either party). 6) must not include rights and claims that may come up after the agreement/waiver has been executed. 7) must be supported by a consideration in addition to which the employee is entitled to. (Money or benefits)

Front 54

what are other ways that make severance/waiver is invalid?

Back 54

employer used fraud, undue influence or other improper conduct of coercing the employee to sign the waiver. It is also invalid if the waiver contains mistakes, omissions or misstatement material

Front 55

Individuals who think that they have been subjected to unlawful employment practices must file charges with?

Back 55

EEOC - has federal enforcement responsibility for ADEA or with the state EEA if one exists.

Front 56

Discrimination claim filing requirements

Back 56

1) In states without Fair employment practices agencies an individual must file a charge with the EEOC within 180 days of the incident.

2) in states with FEPA a charge must be filed within 300 days of the incident. orif the charge was initially filed with the state enforcement agency. If the charge was initially filed in the state enforcement agency within 30 days after receiving a written notice from the state that the investigation in terminated. (on ADEA complaints, the state laws can extend the filing limit to 300days). 3) if the EEOC doesn't file a suit or enter into a conciliation agreement within 180 days of initial charge, then the individual who filed the claim is notified and may file a civit suit within 90 days of receiving the notification. 4) 60 day waiting period before the individual can request a right to sue letter

Front 57

FEPA

Back 57

Fair Employment Practices Agencies

Front 58

Dual file?

Back 58

either agency receiving the complaint may "dual file with other agencies to protect the individuals rights under other laws. File to more than one agency

Front 59

conciliation agreement

Back 59

an alternate dispute resolutions (ADR) where a neutral third party hears both sides and the suggest a non-binding resolution

Front 60

right to sue letter

Back 60

two types of Right to Sue letters, 1) is sent out by the EEOC during a complaint resolutions process "Dismissal and Notice of Rights that tells you that you have the right to file a lawsuit in federal court within 90 days from the date the letter is received. 2) Before you can go forward with a lawsuit under Title VII you must have a Right to Sue letter in hand

Front 61

Alternate Dispute Resolution

Back 61

ADR

Front 62

EEOC also enforces?

Back 62

EEO laws and executive orders for federal employees. time limits and procedures are different when the complaint is private employers or non-federal government employees

Front 63

EEO

Back 63

equal employment opportunity

Front 64

American with Disabilities amended in

Back 64

1990 and was based largely on the Rehabilitation Act of 1973 which extended the protected-class status to qualified persons with disabilities

Front 65

Rehabilitation Act was established in what year?

Back 65

1973

Front 66

what is the Rehabilitation Act of 1973?

Back 66

it prohibits discrimination on the basis of disability in programs run by federal agencies.

Front 67

what did ADA 1990 amend?

Back 67

extended the protected class status to qualified persons with disabilities. It covers entities such as employment agencies, labor unions, join-labor management committees and employers with 15 or more employees for each working day in each 20 weeks in the current or previous calendar year, including those who work part-time.

Front 68

Excluded from coverage this are?

Back 68

federal government and 501(c) private-membership clubs

Front 69

501(c)

Back 69

is a tax-exempt nonprofit organization - IRS provide 29 types of nonprofit organizations that are except from paying federal income taxes.

Front 70

ADA requires?

Back 70

covered entities to make reasonable accommodations and develop employment opportunities for qualified people with disabilities in two areas

Front 71

What are the 2 areas in which covered entities need to make reasonable accommodations and provide employment to qualified people with disabilities ?

Back 71

1) Facilities should be accessible to people with disabilities

2) position requirements may be adjusted to accommodate the qualified disabled person

Front 72

Undue Hardship

Back 72

is an accommodating action that places significant difficulty and expense on the employer

Front 73

the ADA Amendment Act was enacted when

Back 73

Congress enacted in 2008 and took effect on January 1st 2009

Front 74

ADA 2008 Amendment did what

Back 74

clarifies the intentions of the original legislation which was to make the definition of "disability" consistent with the courts had defined it in the terms in the Rehabilitation Act 1973

Front 75

Amendment clarified

Back 75

"Disability" as being physical or mental impairment that causes substantial limitations to one or more Major Life Activity. "Major Life Activity" 2 areas - general activity and major bodily functions. Ignoring Mitigating measures - except for ordinary glasses or contacts - mitigation measures such as medication, prosthetic, hearing aids and others may not be used to limit the definition of an individuals disability. Clarifies - "Regarded As" - it protects individuals that can prove that they were discriminated against under ADA even if they do not actually have some type of impairment. Explicitly authorizes the EEOC to regulate compliance - amendment mandated that the EEOC develop and implement regulations and guidance for employers to follow including the definition of Substantial Limits

Front 76

General Activities

Back 76

caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, breathing, learning, reading, concentrating, thinking, communicating and working

Front 77

Major Bodily functions

Back 77

functions of the immune system, normal cell growth, functions of digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive system

Front 78

Substantial Limits

Back 78

an individual’s impairment must limit one or more major life activities in a substantial manner, but need not limit that major life activity in a severely restrictive fashion, in order for the impairment to qualify as an ADA disability.

Front 79

Prior to the ADAAA the US Supreme Court Ruled?

Back 79

US Supreme court ruled that in order to be "substantially" limiting an impairment must prevent or severely restrict an individual from doing activities that are of important to most people's daily lives.

Front 80

What was the purpose for Civil Rights Act 1991?

Back 80

1) provided answers and clarification for intentional discrimination

2)It summarized the Supreme Court's concept of "business necessity" and "job related". stated in the supreme court case of Griggs v Duke power co and in Wards Cove Packing Co. v Antonio

3) To confirm statutory authority and provide statutory guidelines for determining lawsuits under Title VII of the Civil Rights Act of 1964

4) respond to recent supreme court decisions by expanding the scope of relevant to theCivil Rights statue in order provide adequst protection to victims of discrimination

Front 81

Griggs v Duke Power Plant

Back 81

December 14, 1070 -Civil Rights case brought on my a group of african Americans claiming discrimination since the plant was segregating black people and paying the much less than the lowest paid white person. The plant then said they allow African American people but everyone who applies must have HS degree and be able to pass and IQ test. So the decision was made that a company cannot artificially created barriers of employment to discriminate against race, color, religion, sex and national origin. The court did not find it wrong for companies to have requirements and testing if they are job related then yes but otherwise it is discrimination. Decision March 8 1971

Front 82

Wards Cove packing co v antonio

Back 82

January 18, 1989 and decision was made on june 5th 1989 Civil rights case where nonwhite workers filed a suite stating that under the civil rights act of 1964 that they were being discriminated against. Seasonal jobs were being given to non white workers and the all of the non-cannery positions to whites. The court of appeals stated that the non white workers made a prima facie case of disparate impact. The nonwhite workers provided statistical proof that a large percentage of the nonwhite workers had cannery positions and a low percentage had non-cannary position. This caused the amendment of the Civil Rights Act of 1991- nonwhites where Hawaiian and philipinos

Front 83

Disparate impact occurs

Back 83

when an employment practice which seems to be fair on its face is unintentionally discriminating against members of the protected class.

Front 84

Civil Rights Act 1991 amended made the following changes

Back 84

provide punitive damages - discriminatory practices "with malice or reckless indifference. Excluded back pay from compensatory damages. established sliding scale for compensation and punitive damages based on company size. any party to a civil suit where punitive damages or compensatory damages are sought may demand a jury trial

Front 85

punitive damages

Back 85

monetary compensation awarded to an injured party that goes beyond what is necessary to compensate the individual for losses and is intended to punish the wrongdoer