Chapter 3: Employment Law || with 100% Errorless
Answers.
Potential Legal Problems? (4) correct answers -Disparate treatment (intentional discrimination)
-Disparate impact (adverse impact)
-Invasion of privacy
-Illegal search
Employment Complaint Process (7) correct answers •Alleged discriminatory act
•Internal investigation
•Internal resolution process
-Essential to have a formal policy
-Options
•Dictate a decision
•Mediate a solution
•Arbitrate a decision
-Appeal procedure is important
•External resolution process
-State agencies (FEPA; Fair employment Practices Agencies) in deferral states
-EEOC
-Law suit
Alternative Dispute Resolution (3) correct answers •Mediation
-Neutral third party
-Disputants reach agreement
•Arbitration
-Neutral third party
-Arbitrator makes decision
•Binding
•Nonbinding
•Dictation
-Third party makes decision
Mediation correct answers -Neutral third party
-Disputants reach agreement
Arbitration correct answers •Arbitration
-Neutral third party
-Arbitrator makes decision
•Binding
,•Nonbinding
Dictation correct answers •Dictation
-Third party makes decision
EEOC Complaint Process (4) correct answers 1. Alleged discriminatory act
2.Complaint filed
a. 180 days for nondeferral states
b. 300 days for deferral states
3. Employer notified within 10 days
4. Investigation (goal is to complete in 120 days)
a. Reasonable cause found
1) attempt to reach agreement
2) if no agreement, EEOC can file suit
b. Reasonable cause not found
1) right to sue letter issued to employee
2) employee has 90 days to file suit
Title VII (civil rights act) correct answers •Title VII prohibits employment discrimination based
on race, color, religion, sex and national origin.
•Enforced by EEOC
What is title VII enforced by? correct answers •Enforced by EEOC
Who is covered by title VII? correct answers •Who is Covered
-Private employers with at least 15 employees
-Federal, state, and local governments
-Employment agencies
-Unions
-Americans working abroad for American companies
Who is exempt from title VII? correct answers •Who is Exempt
-Bona fide tax exempt private clubs
-Native American tribes
-Individuals denied employment due to national security concerns
-Publicly elected officials and their personal staff
Does requirement directly refer to member of federally protected class?
->no-> Has case law, state law, or local law expanded definition of protected class? -> yes -
>BFOQ -> YES->? correct answers probably legal
BFOQ tree
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