Employee Law Challenge

Requires employers to pay men & women similar wage rates for similar work?

Civil Rights

Act (1991)

Equal

Pay Act

(1963/1972)

Employe

e Disc

riminatio...

ADA (1990)

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1. Civil Rights Act (1991)

2. Equal Pay Act (1963/1972)

3. Employee Discrimination Act (1978)

4. ADA (1990)

Equal Pay ActSimilar 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?

Legal

Illega

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Is information concerning a name change necessary to check work records or education?

Legal

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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.

Title VII o

f the Civi

l Righ

..

ADA (1990)

Civil Rights

Act (1991)

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1. Title VII of the Civil Rights Act (1964)

2. ADA (1990)3. Civil Rights Act

(1991)

The differenceCivil 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?

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1. Legal2. Illegal

___ was implemented in the early 1990s giving people with disabilities sharply increased access to services and jobs.

ADA

Rehabilitation...

Civil Rights

A...

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1. ADA2. Rehabilitation

Act3. Civil Rights Act

ActsRehabilitation 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?

Legal

Illega

l

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57%

1. Legal2. Illegal

Is it

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ADArequires 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?

Legal

Illega

l

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2. Illegal

Which of the following is illegal?

If hire

d, can yo

u furn

ish...

After hirin

g – ask ee to

...

Prior t

o hiring - a

sk “W

ha...

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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)?

Legal

Illega

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1. Legal2. Illegal

People with DisabilitiesRehabilitation 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 DisabilitiesAsk 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?

Legal

Illega

l

86%

14%

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leg

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on 1. Legal

2. Illegal

What is the name and address of persons to be notified in case of an emergency

Is it

leg

al…

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on

1. Legal2. Illegal

In case of emergencyCan ask person to notify

Can’t ask relative to notify

Which one is legal?Is

it

leg

al…

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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?

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1. Legal2. Illegal

Which is illegal?

Bus driv

er – D

o you hav...

Any job – H

ave yo

u ever...

Day c

amp – Do you have...

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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?

Does y

our relig

ion allow...

What r

eligious h

olidays

wi..

What is

the name of y

o..

None of t

he above are le

gal

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leg

al…

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on 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?

Have

you ever b

een disci...

Do you use

illega

l dru

gs?

Both questi

ons are

legal

Both questi

ons are

illegal

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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…

Refuse to

hire so

meone...

Fire

someone fo

r being ..

Fire

someone fo

r havin

g...

All of t

he above

Only 1 &

2

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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 above5. Only 1 & 2

Pregnancy Discrimination Act of 1978Protects married & unmarried

womenProtects pregnancy, childbirth &

abortion issuesCan’t refuse to hire or fire based

on the above itemsCan’t change insurance benefits

due to these

What is the name of your spouse?

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Illega

l

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2. Illegal

___ allows family members to take up to 12 weeks of unpaid leave in a 12 month period for family & health reasons

ADA (1990)

Rehabilitation Act

of 1974

Title VII o

f the Civi

l right..

.

Family

& M

edical L

eave ...

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ct…

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1. ADA (1990)2. Rehabilitation Act of

19743. Title VII of the Civil

rights Act4. Family & Medical

Leave Act of 1993

Family & Medical Leave Act of 1993Applies to males & femalesImpact immediate familyIssues 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…

Disc

riminate a...

Reduce an olde...

Require older .

..

All of t

he abo...

Only 2 &

3

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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 above5. Only 2 & 3

Age Discrimination Act of 1967Age of 40Unlawful to

◦Refuse to hire based on age◦Reduce older worker’s wages◦Require worker to pay more for

benefits or reduce benefitsApplies 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?

BFOQ – Bona Fi

de Occu

...

Civil righ

ts exemption

Age & gender d

iscrim

ina...

Fair h

iring p

ractice

s a...

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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?

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1. Legal2. Illegal