RPLU 11 Employment Practice Liability Exam Study
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Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex
or ____________ - ✔✔National origin
The Equal Pay Act imposes ___________ on employers which means the claimant does not
have to prove discrimination by the employer - ✔✔Strict Liability
The ________ protects workers over 40 and the _________ prohibits discrimination against
disabled persons - ✔✔ADEA; ADA
Damages for employment-related claims may include back pay, front pay and ____________
damages - ✔✔Compensatory
______________ relief is generally non-monetary and may include providing training, changing
procedures or modifying the workplace - ✔✔Injunctive relief
Compensatory and punitive damages may be capped based on the number of __________ -
✔✔Employees
Generally FEP (Fair Employment Practices) laws parallel the federal statutes but may be much
more expansive due to the following factors: - ✔✔Expanded protected or lifestyle classes,
including marital status or sexual orientation; Expanded jurisdiction by applying to small
employers with fewer employees than the federal statutes require; Increase cap or o cap on
compensatory and punitive damages; Modified administrative and judicial procedures more
favorable to employees
,What are the four main types of Public Policy allegations? - ✔✔Refused to do something
illegal such as submitting false reports; Performed a duty required by law, such as jury duty;
Exercised a job-related right such as filing a discrimination claim; Reported unlawful conduct
(whistleblowing)
Office of Federal Contractor Compliance Programs OFCCP - ✔✔Operates under the
Department of Labor and is responsible for ensuring that employers with federal contract
comply with the laws and regulations requiring nondiscrimination and affirmative action
Which three federal equal employment opportunity requirements does the OFCCP enforce? -
✔✔Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and Vietnam Era
Veteran's Readjustment Assistance Act of 1974
Vietnam Era Veteran's Readjustment Assistance Act of 1974 (VEVRAA) - ✔✔Prohibits
discrimination and requires affirmative actor for nearly all veterans including Disabled veterans,
Vietnam era veterans, Recently separated veterans and Veterans who served on active duty
during a war, campaign or expedition for which a campaign badge was authorized; applies to all
employers that have a government contract or subcontract of $25,000 or more and requires an
affirmative action program
Executive Order 11246 - ✔✔Prohibits employment discrimination based on race, color,
gender, religion or national origin; applies to federal contractor and subcontractors with
contracts in excess of $10,000
Section 503 of the Rehabilitation Act of 1973 - ✔✔Prohibits discrimination and requires
affirmative action to recruit and advance qualified employees with disabilities; applies to all
employers with a federal contract of more than $10,000
The OFCCP requires certain government contractors and subcontractors to maintain written
affirmative action plans. How can insurance professional use this information? - ✔✔Having
to comply with OFCCP regulations may increase an employer's exposure. However, reviewing
OFCCP compliance may help an insurance professional assess the risk of future employment-
related claims. Employers that are not in compliance face the risk of sanctions by the OFCCP
and individual discrimination charges. An employer with a good record with the OFCCP may be
, a better risk because of the policies and procedures it has in place to meet the compliance
requirements
What percentage of charges received by the EEO allege race discrimination? - ✔✔About 35%
of charges allege race discrimination
What factors are usually alleged when filing charges of racial discrimination? - ✔✔Charges of
racial discrimination usually involve one of the following factors: Physical characteristics
associated with a race, such as facial features or height; Skin color of an individual or group of
person, such as discrimination against dark-skinned African-Americans; Association with a
protected individual, which involves discrimination that's not based on the employee's race but
on the employee's associate with another person; Stereotypes associated with race, such as
athletic ability, use of alcohol or work ethic
What percentage of charges received by the EEO allege sex discrimination? - ✔✔About 30%
of charges allege sex discrimination
What are some examples of sex discrimination? - ✔✔Examples of sex discrimination include:
Hiring only men or only women for certain jobs; Allowing men, but not women to work
overtime; Basing pension on actuarial table s that are based on gender
What are examples of Bona Fide Occupational Qualifications? - ✔✔Examples of BFOQ are:
employers requiring that guards in a men's prison be male or requiring female attendants for a
women's restroom
What are examples of age discrimination? - ✔✔Age discrimination examples include:
Mandatory retirement at a certain age; Assigning only older workers (or younger workers) to
certain positions and types of jobs; Selecting older workers when reducing the workforce and
keeping only younger workers; Refusing to hire qualified older applicants (when the decision is
based on age, not on other factors such as experience, education or training)
What percentage of charges received by the EEOC allege age discrimination? - ✔✔About
20% of charges allege age discrimination
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