Chapter 3 Quiz

False

True

False

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Serious, willful, repeated violations</p> Signup and view all the answers

<p>To compel the employer to correct an imminent danger violation</p> Signup and view all the answers

<p>Criminal cases for willful violations resulting in a worker's death</p> Signup and view all the answers

<p>Near the location of the violation</p> Signup and view all the answers

<p>To ensure legally and ethically sound employment decisions</p> Signup and view all the answers

<p>Industrial accidents resulting from employee behavior</p> Signup and view all the answers

<p>For falsifying records subject to OSHA inspection or giving advanced notice of inspection</p> Signup and view all the answers

<p>Military veterans</p> Signup and view all the answers

<p>To ensure they receive legal protection</p> Signup and view all the answers

<p>Dismiss employees without incurring legal liability</p> Signup and view all the answers

<p>That they can perform essential job functions with reasonable accommodation</p> Signup and view all the answers

<p>It is challenging due to evolving societal norms</p> Signup and view all the answers

<p>The severity of the impairment</p> Signup and view all the answers

<p>Discrimination based on race</p> Signup and view all the answers

<p>Emotional pain and suffering caused by discrimination</p> Signup and view all the answers

<p>Punitive damages</p> Signup and view all the answers

<p>Employers with more than 15 employees</p> Signup and view all the answers

<p>Right to sue and collect compensatory and punitive damages for sexual discrimination or harassment</p> Signup and view all the answers

<p>Public agencies, private sector employers with 50 or more employees, and local education agencies</p> Signup and view all the answers

<p>President Johnson</p> Signup and view all the answers

<p>Office of Federal Contract Compliance Programs (OFCCP)</p> Signup and view all the answers

<p>Federal subcontractors with contracts greater than $10,000</p> Signup and view all the answers

<p>They are issued unilaterally by the president</p> Signup and view all the answers

<p>Job relatedness or necessity of job function, undue hardship, threat to safety or health</p> Signup and view all the answers

<p>Inviting a colleague to a social gathering outside of work hours</p> Signup and view all the answers

<p>29%</p> Signup and view all the answers

<p>'Quid pro quo'</p> Signup and view all the answers

<p>Accommodations that fundamentally alter the nature of the business</p> Signup and view all the answers

<p>Women, visible minorities, women who are visible minorities</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>Lower Back Disabilities (LBD) = Not common according to the text Eye injuries = Also mentioned as not common workplace injuries</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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?</p> Signup and view all the answers

<p>False</p> Signup and view all the answers