Fair Credit Reporting Act correct answers Outlines the standards governing the collection, use and communication of credit and other personal information about consumers. Regulates consumer reporting agencies and entities, including employers.
Makes it permissible for an employer to obtain a consu...
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Fair Credit Reporting Act correct answers Outlines the standards governing the collection, use
and communication of credit and other personal information about consumers. Regulates
consumer reporting agencies and entities, including employers.
Makes it permissible for an employer to obtain a consumer report for employment purposes if
the employer has given written notice to, and obtained written authorization from, the applicant
or employee prior to obtaining the consumer report.
Also requires that, before an employer may take an adverse action against an applicant or
employee based on information obtained in a consumer report, the employer must provide that
person with a copy of the consumer report and information about the consumers' rights under the
FCRA.
Immigration Reform and Control Act of 1986 (IRCA) correct answers Makes it illegal for
employers to discriminate in recruiting, hiring and firing based on an individual's national origin
or citizenship status. Prohibits employers from knowingly hiring aliens who are not authorized to
work in the U.S.
Also requires employers to complete the I-9 Form for all new hires within three days of hire to
verify that the individuals they hire are authorized to work in the United States. Permits new
hires to present any acceptable I-9 document or combination of acceptable I-9 documents.
Creates employer sanctions for unlawful hiring of undocumented workers.
Drug Free Workplace Act of 1988 correct answers Requires some federal contractors and all
federal grantees to agree that they will provide drug- free workplaces as a condition of receiving
a contract or grant from a federal agency. Covered organizations must develop and publish a
statement to employees informing them that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying the actions
that will be taken against employees who violate the policy.
Covered organizations must establish drug-free awareness programs.
An employee convicted of a criminal drug violation in the workplace must notify the employer
within five calendar days of the conviction. Requires covered organizations to notify the
applicable federal contract agency of employees with drug convictions and the sanctions
imposed on employees convicted of a reportable workplace drug conviction.
Workers Adjustment and Retraining Act (WARN) of 1988 correct answers Requires employers
with 100 or more employees to provide 60 days' advance notice to employees and their
representatives before a "plant closing" or "mass layoffs" as defined by the WARN. Advance
notice gives workers some transition time to adjust to the prospective loss of employment.
WARN also requires 60 days advance notice to the local chief elected official and state
dislocated worker units so that they can promptly offer dislocated worker assistance.
WARN does not apply to closure of temporary facilities, or the completion of an activity when
the workers were hired only for the duration of that activity.
Illegal Immigration and Immigrant Responsibility Act of 1996 correct answers Incorporates
employment eligibility verification guidelines including sanctions for employers who fail to
, comply with the regulations and restrictions on unfair immigration-related employment
practices, as well as provisions governing the distribution of government aid to aliens.
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 correct answers
Requires all employers to report certain data about new hires to a designated state agency. These
new-hire reporting requirements have two related goals: 1) to assist persons entitled to payments
under child support orders in speedily and efficiently obtaining such payments through wage
garnishments, wage assignments, etc.; and 2), to help detect and prevent fraud in government
benefits payments.
This law includes a workforce development component to welfare legislation to encourage
employment among the poor. It authorizes funding for state efforts to reduce needy families'
reliance on government benefits. It requires the reduction or elimination of benefits to a
recipient's family if the recipient refuses to participate in an assigned work activity. Requires a
return to work within two years after being on public assistance.
Employment at will correct answers A legal doctrine that states that an employment relationship
may be terminated by the employer or employee at any time and for any or no reason. This
means that an employer does not need good cause to involuntarily terminate an employee.
There are three major exceptions to the employment-at-will doctrine, as developed in common
law:
The public policy exception;
The implied contract exception; and
Breach of the covenant of good faith and fair dealing.
These exceptions are based on each state's case laws.
Employment contract correct answers A formal agreement between two parties that outline the
terms of employment to which the parties agree. Common topics covered in an employment
contract include: Duration of the job.
Specific job duties and expectations.
Detailed compensation and benefits information.
Conditions of employment.
Grounds for termination or resignation.
Noncompete agreements, including nonsolicitation of current employees. Intellectual property
provisions.
When the agreement is accepted, the contract dictates the employment relationship. The contract
may be oral or written, express or implied.
Retaliation correct answers Action taken in return for an offense or injury. In the employment
context, retaliation occurs when an employer takes an adverse action against an employee
because the employee engaged in a protected activity.
Retaliation complaints pertain to an employer's illegal interference with the rights of an
employee to enforce his or her personal legal rights under the law and to support others who
enforce their personal legal rights under the law.
All the laws enforced by the EEOC, and many other employment laws, make it illegal to retaliate
against employees because they filed a charge of discrimination against the company.
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