Employee Law Challenge

Requires employers to pay men & women similar wage rates for similar work? Name the Act… 2 point question 1. Civil Rights Act (1991) 2. Equal Pay Act (1963/1972) 3. Employee Discrimination Act (1978) 4. ADA (1990)

Equal Pay Act Similar wages for similar jobs, skill, effort, responsibility & work conditions. Pay distinctions can be made based on seniority, merit, quantity & quality of performance Enacted in 1963 as the Equal Pay Act & then amended by the Equal Opportunity Act of 1972

What does your spouse/partner do? Is it legal… 1 point question 1. Legal 2. Illegal

Is information concerning a name change necessary to check work records or education? Is it legal… 1 point question Is it legal… 1 point question 1. Legal 2. Illegal

Illegal to ask… Inquiries about names indicating national origin Inquiries about names changed:  Due to court orders  Due to marriage Marital status  Could indicate sexual orientation  Some companies favor people who are married

Allows victims of discrimination based on race, sex, religion & disability to collect damages. Name the Act… 2 point question 1. Title VII of the Civil Rights Act (1964) 2. ADA (1990) 3. Civil Rights Act (1991)

The difference Civil Rights Act ◦ Allows victims to collect compensatory or punitive damages and to demand a trial. Title VII of the Civil Rights Act ◦ Unlawful for employers to discriminate based on race, color, national origin, religion or sex.

How large is your family? Is it legal… 1 point question 1. Legal 2. Illegal

___ was implemented in the early 1990s giving people with disabilities sharply increased access to services and jobs. Name the Act… 2 point question 1. ADA 2. Rehabilitation Act 3. Civil Rights Act

Acts Rehabilitation Act ◦ vocational rehabilitation, supported employment, independent living, & client assistance ADA Provides greater access to employment opportunities ◦ Prohibit employers from discriminating against qualified persons with disabilities ◦ Prohibits use of screening methods or employment standards that discriminate unless they are job related

Would you need accommodations to perform this job? 1. Legal 2. Illegal Is it legal… 1 point question

ADA requires that the employer provide a reasonable accommodation to candidates with disabilities unless the employer can prove the accommodation would cause significant difficulty, expense, or change the essential functions of the job duty

Do you rent or own your own home? Is it legal… 1 point question 1. Legal 2. Illegal

Which of the following is illegal? Is it legal… 2 point question 1. If hired, can you furnish proof of age? 2. After hiring – ask ee to provide proof of age by birth certificate 3. Prior to hiring - ask “What is your date of birth?”

To a person with a disability…How would you perform XYZ task (an essential function)? Is it legal… 1 point question 1. Legal 2. Illegal

People with Disabilities Rehabilitation Act of 1973 ◦ Forbids employers from asking job applicants general questions about:  Whether they have a disability  The nature or severity of the disability Must prove that any physical or mental requirements are due to “business necessity” & the safe performance of the job

People with Disabilities Ask accommodations only after the person has interviewed & is considered for employment Must make reasonable accommodations if they do not cause undue hardship ◦ Alteration of duties ◦ Alteration of physical setting ◦ Provision of aids

How was your foreign language acquired? Is it legal… 1 point question 1. Legal 2. Illegal

What is the name and address of persons to be notified in case of an emergency Is it legal… 1 point question 1. Legal 2. Illegal

In case of emergency Can ask person to notify Can’t ask relative to notify

Which one is legal? Is it legal… 1 point question 1. Before hiring – ask for a photo 2. After hiring – ask for a photo for identification 3. During the interview – take a photo of the interviewee

Can you legally work in this country? Is it legal… 1 point question 1. Legal 2. Illegal

Which is illegal? Is it legal… 2 point question 1. Bus driver – Do you have any DUI convictions? 2. Any job – Have you ever been arrested? 3. Day camp – Do you have any child related convictions?

Which of these are legal? Is it legal… 2 point question 1. Does your religion allow you to work on Christmas? 2. What religious holidays will you need to take off for? 3. What is the name of your minister? 4. None of the above are legal

Which of these are legal? Is it legal… 2 point question 1. Have you ever been disciplined for violating a previous employer’s policies about drug, alcohol, and tobacco use? 2. Do you use illegal drugs? 3. Both questions are legal 4. Both questions are illegal

The Pregnancy Discrimination Act of 1978 makes it illegal to… Name the Act… 2 point question 1. Refuse to hire someone pregnant 2. Fire someone for being an unwed mother 3. Fire someone for having an abortion 4. All of the above 5. Only 1 & 2

Pregnancy Discrimination Act of 1978 Protects married & unmarried women Protects pregnancy, childbirth & abortion issues Can’t refuse to hire or fire based on the above items Can’t change insurance benefits due to these

What is the name of your spouse? Is it legal… 1 point question 1. Legal 2. Illegal

___ allows family members to take up to 12 weeks of unpaid leave in a 12 month period for family & health reasons Name the Act… 1 point question 1. ADA (1990) 2. Rehabilitation Act of Title VII of the Civil rights Act 4. Family & Medical Leave Act of 1993

Family & Medical Leave Act of 1993 Applies to males & females Impact immediate family Issues covered ◦ Child birth or adoption ◦ Acquisition of foster child ◦ Sick parent Applies to all gvt employers & private employers with 50+ ee’s

Age Discrimination Act of 1967 makes it illegal to… Name the Act… 2 point question 1. Discriminate against someone over 40 years of age 2. Reduce an older worker’s wage rate 3. Require older workers to pay more than younger workers for benefits 4. All of the above 5. Only 2 & 3

Age Discrimination Act of 1967 Age of 40 Unlawful to ◦ Refuse to hire based on age ◦ Reduce older worker’s wages ◦ Require worker to pay more for benefits or reduce benefits Applies to gvt & private employers with 20+ ee’s

If you wanted to hire a certain gender for a position or have an age limit on a specific job, what would you need to get to do this? Name the Act… 2 point question 1. BFOQ – Bona Fide Occupational Qualification 2. Civil rights exemption 3. Age & gender discrimination exemption 4. Fair hiring practices amendment

Bona Fide Occupational Qualification Needed if a position purposefully discriminates based on age, race, gender, religion Examples: ◦ Male locker room attendant ◦ Military age limit

This job required heavy lifting. What is your height & weight? Is it legal… 1 point question 1. Legal 2. Illegal