Chapter 7: Employment Law || with A+ Guaranteed Solutions.
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Chapter 7: Employment Law ||
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Chapter 7: Employment Law ||
Statutes (Federal laws) correct answers Start out as bills passed by Congress, signed by President; Collected in books called U.S. Code; Executive Orders - issued by President
Regulations correct answers Rules issued by fed agencies; when Congress passes law they designate agency to interpret an...
Chapter 7: Employment Law || with A+ Guaranteed
Solutions.
Statutes (Federal laws) correct answers Start out as bills passed by Congress, signed by
President; Collected in books called U.S. Code; Executive Orders - issued by President
Regulations correct answers Rules issued by fed agencies; when Congress passes law they
designate agency to interpret and enforce law; also fill in gaps not addressed in statute;
regulations collected in Code of Federal Regulations (C.F.R.)
Court Decision correct answers Opinions written by judges deciding outcome of lawsuit; judges
interpret what the law means, which sets precedent; U.S. Supreme Court - dictates fed law; Court
of Appeals/U.S. District Courts - binding only in states or regions that courts cover
When do Federal Laws Apply? 5 basic questions correct answers Does your company have
enough employees?
Is your company covered by law?
Is the employee covered by the law?
Do all of the law's provisions apply?
Is the situation covered by law?
State, local, and collective bargaining agreement - must be considered
Title VII - Civil Rights Act 1964 correct answers Prohibits employment discrimination based on
race, color, religion, sex, and national origin;
Applies to prospective, current, and foreign nationals working for covered employer; even if
national not authorized to work in U.S.
Title VII - Race correct answers Protected Class - Race
An employment policy or practice that applies to everyone, regardless of race or color, can be
illegal if it has a negative impact on the employment of people of a particular race or color and is
not job-related and necessary to the operation of the business.
For example, a "no-beard" employment policy that applies to all workers without regard to race
may still be unlawful if it is not job-related and has a negative impact on the employment of
African-American men (who have a predisposition to a skin condition that causes severe shaving
bumps).
Title VII - Color correct answers Protected Class - Color
Color discrimination involves treating someone unfavorably because of skin color or
complexion.
Illegal to favor light-skinned employee over darker skin color, even if both employees AA/Black
Race/color discrimination also can involve treating someone unfavorably because the person is
married to (or associated with) a person of a certain race or color or because of a person's
, connection with a race-based organization or group, or an organization or group that is generally
associated with people of a certain color.
Title VII - Religion correct answers Protected Class - Religion
Law prohibits employers discriminating based on religion, requires employers to make
allowances for a person's religious practices and beliefs
Can't refuse to hire someone because Jewish or promote / because Muslim
Within reason - work w/ employee to make it possible for employees to practice religious beliefs
Employers must accommodate unless cause business to suffer undue hardship
Title VII - National Origin correct answers Protected Class - National Origin
Employers cannot make employment decisions based on:
Birthplace, ancestry, culture, native language, English language proficiency (unless affects
ability to perform job), accent (unless affects ability to perform job), marriage or association w/
people of a national ethnic group., membership in or associated w/ ethnic cultural org.,
attendance or participation in schools, churches, temples, mosques or association w/ certain
ethnic groups, name associated w/ certain ethnic groups
Title VII - Sex correct answers Protected Class - Sex
Title VII prohibition protects women and men from discrimination and harassment based on
gender
Includes decisions based on someone's failure to conform to gender stereotypes
Title VII - Discrimination correct answers Discrimination includes:
Giving preferential treatment over others; treating some people worse than others based on
membership
Harassing, physically isolating, segregating
Coding resumes or applications to indicate race, color, gender, national origin, or religion
Asking questions in interviews to elicit info
Making decisions based on stereotypes about people in a protected class
Treating people differently due to marriage or association
Title VII - Discrimination correct answers Covers:
Private employers w/ 15 or more employees
Fed, state, local govt.
Private/public employment agencies
Labor org., joint labor/mgmt. committees
Title VII - Discrimination correct answers Title VII outlaws both intentional discrimination and
practices that have a discriminatory effect
Discriminatory effect of neutral employment practices called disparate impact - practice that
seems neutral affects protected class in disproportionate, unfair way
Example - employer has minimum strength requirements employer could be discriminating
against women
Employer has to show hiring practice clearly related to physical demands of particular job
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