Study sets, textbooks, questions
Upgrade to remove ads
Final - Discussion Questions
Terms in this set (25)
What is affirmative action?
How is affirmative action distinguished from equal employment opportunity?
-Affirmative action involves the preferential hiring and promoting of protected group members in order to remedy underutilization
-Equal Employment Opportunity prohibits discrimination in employment practices based on age, race, religion, sex, or national origin
What are some arguments supporting affirmative action?
What are some arguments against affirmative action?
-correcting past wrongs
-achieving economic & occupational equity
-creating role models
-fighting discrimination with discrimination
-group rights v. individual rights
-punishing the innocent
Distinguish between involuntary and voluntary affirmative action.
Involuntary: imposed by a court as a remedy for past discrimination (court ordered)
Voluntary: affirmative action programs not imposed by the court, including:
-eligibility in certain federal programs
-those created for the purpose of eliminating the effects of past discriminatory practices
What are the three components of an affirmative action plan under the OFCCP's Revised Order No. 4?
Which is the most important?
-Goals and timetables
-An action plan
What are the four circumstances under which affirmative action can be implemented?
-The plan must be justified
-The plan does not unnecessarily trammel the interests of employees belonging to non-favored groups
-The plan must not create an absolute bar
-The plan must be a temporary measure
How does the two-part test determine if an affirmative action program is permissible under the Equal Protection Clause?
Which Supreme Court decision imposed these requirements on state and local governments?
The "Two-Part Test":
-the preferential treatment serves as a compelling government interest
-the preferences are narrowly tailored to achieve the compelling government interest
Supreme Court Decision:
-Wygant v. Jackson Board of Education
You have been asked by your employer to review the current affirmative action program.
What is the very first thing that you will either do or ensure has been done before reviewing the plan?
In developing your plan, what three basic components must that plan contain?
Provide four conditions that your plan must meet in order to be "permissible."
What three general employment practices regulated under the FLSA of 1938? Describe the specific requirements of each.
-Minimum wage: currently $7.25/hour
-Overtime: any hours worked in excess of 40 during a 168 consecutive hour work week
-Child Labor: sets restrictions based on age
What are the three age categories under the FLSA regarding child labor? What are the restrictions for each category?
>18 y/o: no restrictions
16-17 y/o: unlimited hours only in non-hazardous jobs
14-15 y/o: limited hours only in non-hazardous jobs
Provide examples of five classes of employees who would be exempt employees under the FLSA's minimum wage and overtime provisions.
Why are they exempt?
-bona fide executive
-bona fide administrative employee
-bona fide professional employee
-certain skilled computer positions
-parent, spouse, child
How is compensatory time calculated?
Must be calculated at a rate no less than 1.5 hours for each hour of employment for which overtime compensation would have been paid
What employers are required to pay the prevailing wage under the Davis-Beacon, Walsh- Healy, and McNamara-O'Hara Service Contract Acts?
Those who hold federal contracts or subcontracts
Who is covered under WARN?
What are the main provisions?
-businesses with 100 or more full-time employees
-covered employers are required to provide a 60 day written notice to employees in the event of a mass layoff or plant closing
Under what circumstances can an employer use lie detectors in making employment decisions?
What employers are not bound by these restrictions?
-most private sector employers are prohibited from using lie detector tests either for preemployment screening or during the course of employment
-state and local government
-investigations involving misappropriation, theft, embezzlement, industrial espionage, or industrial sabotage
What effect has the Lilly Ledbetter Fair Pay Act had on claims of compensation discrimination?
What laws are affected?
-made the timeliness of the charge counted from the date of the last paycheck
-The Equal Pay Act
-Title VII of the Civil Rights Act of 1964
-Age Discrimination in Employment Act
-The Rehabilitation Act of 1973
-Americans with Disabilities Act
Why have employee benefits increased?
Employers view benefits as a means to achieve organizational goals & objectives by:
-attracting & retaining qualified employees
-providing a sense of security for employees
What are the two types of employee benefits? Provide examples of each.
Mandatory Benefits - required by law
-family medical leave act
-patient protection and affordable care act & healthcare amendments
Voluntary Benefits - not required by law
-voluntary security benefits (severance pay, supplemental unemployment benefits, family security benefits)
-financial & other
-social & recreational
Why was unemployment compensation established?
Who is typically entitled to unemployment compensation?
-Established in order to offset workers' lost income during periods of involuntary unemployment and to help unemployed workers locate new employment
-Individuals when jobs are lost due to fault of their own (economic reasons)
-Able, available, and actively seeking work
-Cannot refuse suitable employment
-Unemployment cannot result from a labor dispute (except in MI, RI, & NY)
-Cannot leave the job voluntarily
-Cannot have been terminated for misconduct or poor performance
What conditions must an employee attain in order to be eligible for mandatory benefits under the FMLA?
What are those benefits?
-must work for a covered employer
-must have worked for the employer for at least 12 months (can be non-consecutive)
-must have worked in excess to 1,250 hours during the 12 month period
-must work at a facility with 50 or more employees who live within 75 miles of the facility
-provides 12 weeks of unpaid leave
-employee must be allowed to return to their previous (or equivalent) job
-entitled to healthcare insurance coverage during the leave period
-birth of a child
-adoption of a child
-care of an immediate family member (parent, spouse, child) suffering from a "serious health condition"
-recovery from a personal "serious health condition"
What does COBRA regulate?
What are the main provisions under COBRA?
-regulates group health insurance programs
-directs covered employers to offer continuation of group health care protection to participants and certain dependents for 18 or 36 months, where coverage would otherwise cease upon termination of employment
Why was HIPAA passed?
Places certain restrictions on the rights of employers and insurers to deny or limit coverage for preexisting conditions
Discuss ERISA's major provisions:
-Reporting and disclosure requirements
How does the OWBPA protect workers?
Requires employers to provide workers who are over the age of 40 with benefits that are equal to those offered to younger employees, unless it can be demonstrated that there is a greater cost for providing the benefits to older employees
What are the major provisions of USERRA?
-Protects the civilian jobs and employment benefits of veterans and members of reserve armed forces components when called to active duty
Returning veterans are entitled to reemployment in their old civilian jobs, or a comparable job
-Cannot have been absent from their civilian jobs in excess of five years while in uniformed service
-Informed the employer in writing before departure on active duty
-Must return to work in a timely manner on release from active duty
Describe the conditions under which an employee is ineligible for unemployment benefits:
-Failure to seek suitable employment
-Involuntary termination due to misconduct
-Unemployment resulting from labor strike
-Voluntary termination without a good cause
-Failure to meet the state requirements for wages earned or time worked
Sets found in the same folder
Mgmt 582 Final Cases/ Enforcement agencies
Final - Cases
Final - Regulations/Agencies
Chapter 9-15 / Questions 582
Sets with similar terms
Ch. 21 & Ch. 22
Business Law Chapter 42
Comp Exam 3
Other sets by this creator
Final - Terms
Terms (Test 2: Ch. 4 & 15)
Terms (Test 1: Ch. 1-3)
Test 1 (Ch. 1-3)
Other Quizlet sets
Biological Approach to Behavior Studies
SOC 275: Foundation/Introduction
Spanish 2 - Spring Final Exam Review (Part 2)
Bio FInal Pt. 3