Chapter 3 Quiz

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Serious, willful, repeated violations

To compel the employer to correct an imminent danger violation

Criminal cases for willful violations resulting in a worker's death

Near the location of the violation

To ensure legally and ethically sound employment decisions

Industrial accidents resulting from employee behavior

For falsifying records subject to OSHA inspection or giving advanced notice of inspection

Military veterans

To ensure they receive legal protection

Dismiss employees without incurring legal liability

That they can perform essential job functions with reasonable accommodation

It is challenging due to evolving societal norms

The severity of the impairment

Discrimination based on race

Emotional pain and suffering caused by discrimination

Punitive damages

Employers with more than 15 employees

Right to sue and collect compensatory and punitive damages for sexual discrimination or harassment

Public agencies, private sector employers with 50 or more employees, and local education agencies

President Johnson

Office of Federal Contract Compliance Programs (OFCCP)

Federal subcontractors with contracts greater than $10,000

They are issued unilaterally by the president

Job relatedness or necessity of job function, undue hardship, threat to safety or health

Inviting a colleague to a social gathering outside of work hours

29%

'Quid pro quo'

Accommodations that fundamentally alter the nature of the business

Women, visible minorities, women who are visible minorities

FMLA = Applicable to Public agencies, including local, State, and Federal employers, and Private sector employers with 50 or more employees Executive Orders = Directives issued unilaterally by the president with the force of law Executive Order 11346 = Requires affirmative action in the hiring of women and minorities Executive Order 11478 = Requires federal government employment policies to be based on merit and fitness, not race, color, sex, religion, or national origin

Undue hardship = Refers to significant difficulty or expense imposed on an employer in making accommodations for disabled workers Protected class = Group defined by law as being protected from discrimination Affirmative action = Policy requiring proactive steps to eliminate discrimination and promote equal opportunity Quid pro quo = Sexual harassment involving offers of benefits in exchange for sexual favors

Michael Schuls at Wisconsin saw mill = 16-year-old worker who died on the job Duvan Tomas Perez at Missouri landfill = Worker killed at a landfill workplace 31 kids at JBS Foods in Nebraska = Minors found working graveyard shifts at a food processing plant OSHA regulations = Do not regulate certain types of workplace accidents as mentioned in the text

Defense against disability discrimination claims = Employer proving decision not made based on disability or was made in light of disability Defense against religious discrimination claims = Asserting that accommodating the employee would require no changes to employment practices Defense against sexual harassment claims = Showing that no adverse employment action was taken as a result of rejecting advances Defense against workplace safety violations = Implementing effective safety incentive programs

Criminal charges according to the text = Can be levied in cases like workplace safety violations Restraining order during OSHA inspection = Sought by DOL from US District Court for interfering with inspection process Civil Rights Act of 1991 for women = Provided expanded rights specific to women in discrimination cases Notice posting according to OSHA regulations = Required at workplaces where citations have been issued

Protected Classes = Individuals covered by federal laws on equal employment opportunity Undue Hardship = Significant difficulty or expense imposed on an employer in making reasonable accommodations for disabled workers Reasonable Accommodation = Obligation on employers to modify work environment or job duties to accommodate disabled individuals Quid Pro Quo = Form of sexual harassment where a benefit or punishment is contingent upon submitting to sexual advances

Compensatory Damages = Aim to compensate victims of discrimination for actual losses suffered Civil Liabilities = Legal obligations imposed on individuals or entities as a result of civil lawsuits Criminal Liabilities = Legal obligations arising from criminal offenses punishable by law Reputational Damage = Harm caused to an individual's or organization's reputation

Undue Hardship = Disability discrimination cases Reasonable Man Standard = Sexual harassment cases At-Will Presumption = General employment termination cases Merit and Fitness Defense = Federal government employment policies based on merit

Safety Incentive Programs = Considered ineffective in promoting safe practices Adjusting Work Schedules = Considered a way to accommodate individuals with disabilities Restraining Order Seek by DOL = Sought during an OSHA inspection for noncompliance Posting Citation According to OSHA Regulations = Required by employers in specific workplace locations

Americans With Disabilities Amendment Act of 2009 = Defines criteria for disability claims and reasonable accommodations Civil Rights Act of 1991 = Expanded rights for women in discrimination cases and provided for compensatory damages Family and Medical Leave Act (FMLA) = Covers certain types of employers for family and medical leave provisions Executive Order 11346 and Executive Order 11478 = Subject employers to affirmative action and merit-based employment policies

Equal Employment Opportunity Laws = Regulate protections for individuals based on race, color, gender, religion, age, national origin, disabilities, pregnancy, etc. At-Will Employment Doctrine = Allows employers to dismiss employees at any time for any reason without legal liability Affirmative Action Orders = Require hiring practices that promote diversity and prevent discrimination Meritorious Employment Policies = Based on merit and fitness criteria for federal government employment

Prima facie case = Evidence legally sufficient to establish a fact unless rebutted Business necessity = Employment practice related to a legitimate employer goal Undue hardship = Significant difficulty or expense in accommodating disabled workers Disparate impact = Hiring rate for a minority group less than 80% of the majority group

Standard Deviation Rule = Analyzing employment tests for disparate impact Defendant's Rebuttal = Shifting burden of proof to show 'business necessity' Plaintiff's Rebuttal = Arguing existence of alternative non-discriminatory tests CRA 1991 = Shift of burden of proof once prima facie case is made

Four-fifths rule = Defines disparate impact in hiring rates Random error = Difference between expected and actual representation Selection tests correlation = Comparing job performance relevance of tests Standardized cognitive tests = Difficult for plaintiffs to rebut

Defendant's business necessity defense = Showing employment practice is essential for a legitimate goal Plaintiff's last resort argument = Demonstrating existence of non-discriminatory alternative tests Standardized cognitive tests defense = Challenging plaintiffs' ability to rebut cognitive abilities

70k fines per incident rule = Potential violation fines according to the text Section 1981 under Civil Rights Act of 1991 = Relates to employment discrimination cases At-Will Presumption concept = Allows employers to dismiss employees without legal liability

Lower Back Disabilities (LBD) = Not common according to the text Eye injuries = Also mentioned as not common workplace injuries

EEOC = Equal Employment Opportunity Commission EEO-1 = Report filed by organizations with 100 or more employees providing demographics of employees Lilly Ledbetter Fair Pay Act = Amendment allowing more time for filing pay discrimination complaints Consent Decree = Agreement between EEOC and organization to cease discriminatory practices

File a complaint with EEOC within 180 days = Complaint dismissed if filed after 180 days Receive 'right to sue' letter = Issued if EEOC and organization can't come to an agreement Provide reconciliation outside court system = Attempted by EEOC if discrimination is found Bring suit in federal court = Option for complainant if EEOC doesn't investigate within 60 days

Undue Hardship = Standard in disability accommodation cases Reasonable Accommodation = Special obligation on employers in disability cases Qualified Applicant with a Disability = Requirement for demonstrating disability in job application Total Quality Management (TQM) = Technique used to analyze job hazards

Civil Rights Act of 1991 = Expanded rights for women in discrimination cases Americans With Disabilities Amendment Act of 2009 = Defines disability using prongs Executive Orders vs Regular Laws = Comparison regarding significance Executive Order 11346 and Executive Order 11478 = Applicable to specific types of employers

Enter into a consent decree = Cease discriminatory practices and possibly institute affirmative action Receive 'right to sue' letter = Aid victim in bringing suit in federal court Provide reconciliation outside court system = Organization will cease discriminatory practices Sue in federal court = 'Right to sue' letter issued if no agreement reached

EEOC Investigation and Resolution Process = Complainant must file within 180 days; If valid, EEOC investigates within 60 days Information Gathering Requirement for Organizations = Filing EEO-1 report with demographics of employees Consent Decree Agreement = 'Right to sue' if agreement not reached between EEOC and organization Filing Lawsuit in Federal Court = 'Right to sue' issued if no agreement reached

Disparate treatment = Defendant acknowledges some discriminatory motive existed but argues same hiring decision would have been reached even without the discriminatory motive Mixed motive case = Defendant provides legitimate, nondiscriminatory reason for employment decision, burden shifts to plaintiff Disparate impact = When a facially neutral employment practice disproportionately excludes a protected group from employment opportunities BFOQ = A job qualification based on race, sex, religion, and so on that an employer asserts is a necessary qualification for the job

Intent in Disparate Impact cases = Irrelevant; important is that the consequences of the employment practice are discriminatory Prima facie case in discrimination cases = Plaintiff must show that the employment practice disproportionately affects a protected group relative to the group with the highest hiring rate LGBT discrimination under Title VII or CRA = Applies to discrimination against LGBTQ and trans folks because they are bound up with sex Reasons for employment decisions in BFOQ cases = Plaintiff must show reasons offered by defendant are not the reason for the decision but rather a pretext for actual discriminatory decision

Safety incentive programs = Considered ineffective in promoting safe practices according to the text Accommodations for disabled workers = Can include providing alternative testing formats like readers and interpreters Undue hardship in disability claims = One of the potential defenses employers can use against disability discrimination claims Reasonable accommodations for religious practices = Employee must demonstrate a legitimate religious belief and provide notice of need for accommodation

Protected classes under EEO laws = Composing a definitive list is significant to ensure equal employment opportunities At-Will Presumption = Allows employers to terminate employees without reason or notice Undue hardship in religious discrimination cases = Employer's major defense is that accommodating the employee would require no changes Reasonable man standard in sexual harassment cases = Courts often use this standard to assess if behavior constitutes sexual harassment

Work schedule adjustments for disabilities = Not considered as a way to accommodate individuals with disabilities according to the text Sexual harassment forms = 'Quid pro quo' involves making benefits contingent upon submitting to sexual advances Cost of accommodations for disabled workers = What percentage cost less than $1k according to the text? Severity of sexual harassment cases = Factor not considered in determining if behavior alters employment conditions

OSHA Inspections components = Consist of 3 major components according to the text Executive Orders vs. Laws significance = Executive Orders hold significance compared to regular laws in certain contexts FMLA coverage = Family and Medical Leave Act (FMLA) covers what types of employers according to the text? Civil Rights Act of 1991 provisions for women = What expanded rights did this Act provide specifically for women in discrimination cases?

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