Shaffer D-02

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  1. T/F Law enforcement organizations can give Veteran’s Preference Points.
  2. How long is the Work Cycle duration?
    7-28 days
  3. What does the Fair Labor Standards Act do?
    Select minimum wage/maximum hours/overtime pay.
  4. What are the 4 goals of a public employer?
    • Hire best qualified candidate
    • Adhere to constitutional requirements
    • Prevent legal actions
    • Protect agency from negligent hiring
  5. T/F The cases involving 29 USC §207(o)(5) of the
    Fair Labor Standards Act, which provides that an employee who has accrued comp time and who has requested use of the comp time, “…shall be permitted by the employee’s
    employer to use such time within a reasonable period after making the request if the use of the compensatory time does not “unduly disrupt” the operations of the public agency.”
  6. What does it mean to validate the Hiring Process?
    Using a process which is fairly predictive of actual job performance.
  7. What are the 3 qualities of a Competitive Exam?
    • Practical in nature, job related
    • Uses objective measurements
    • Able to predict likelihood of success on the job
  8. What is the most widely used form of standardized testing?
    Written exams
  9. What is the first step before drafting or purchasing any exam?
    Do a job analysis.
  10. Where does the legal burden of hiring begin?
    At the initial stages.
  11. What does FLSA mean?
    Fair Labor Standards Act
  12. T/F When first enacted FLSA applied only to the private sector.
  13. T/F FLSA covers elected officials and their staff, policy making appointees, legal advisors, legislative employees, volunteers, and prisoners.
  14. __________employees are not entitled to overtime under FLSA. (exempt or non-exempt)
  15. Suppose the County wanted to order deputies to use comp time to prevent further accumulation. Supreme Court held that employer can require the officers to take specific time off. When can this not be done by the County?
    If there is an agreement to the contrary.
  16. T/F Claims of violation of The Equal Protection Clause of the 14th Amendment are only available to public sector employees. This is a Constitutional claim because it is a claim regarding state action.
  17. Claims of violation of 14th Amendment require proof of ____________discrimination.
  18. The three types of equal protection tests are?
    • Suspect Classification
    • Quasi-Suspect Classification
    • Not Suspect, Not Quasi-Suspect
  19. What is the Suspect Classification test used to scrutinize?
    Race, Alien Status, National Origin
  20. What is the Quasi-Suspect Classification test used to scrutinize?
    Gender Classification
  21. What is the Not Suspect, Not Quasi-Suspect Classification test used to scrutinize?
    Age, Sexual orientation
  22. T/F There is no shifting of burdens of proof in constitutional claim cases, unlike in statutory claims.
  23. Title VII prohibits discrimination or harassment
    based on_(5)___.
    • Race
    • Color
    • Religion
    • Sex
    • National Origin
  24. What elements does Title VII prohibit?
    • Retaliation for filing a charge
    • Decisions based on stereotypes about abilities
    • Denying opportunity based on marriage or association with protected person.
    • Discrimination based on birthplace, ancestry, culture or language of an ethnic group (National Origin Discrimination)
    • Sexual harassment
  25. What does Title VII require? (2 items)
    • Reasonable accommodations for religious beliefs
    • Employer must prove a business necessity for requiring English only be spoken; but there is an exemption for public safety positions
  26. What is a characteristic of the burden of proof in a Title VII case?
    It shifts.
  27. In a Title VII case, who first has the burden of proof to establish a prima facia case for discrimination?
    The employee
  28. List the Two Types of Discrimination Cases Under Title VII
    • Disparate Treatment - intentional
    • Disparate Impact - unintentional
  29. What does BFOQ stand for?
    Bona Fide Occupational Qualification
  30. Define disparate treatment
    When an employee is singled out and treated more or less favorably than other similarly situated individuals because of some protected characteristic
  31. What can never be a BFOQ?
  32. What is disparate impact?
    Practices are neutral on their face but impact one group more than another and cannot be justified as a business necessity. Intent is irrelevant.
  33. What is the dilemma in Light of Ricci v. DeStefano (City of New Haven)?
    The city tossed out the firefighters test results and then was sued by the candidates that had passed the test on the grounds of impermissible disparate treatment. The court ruled that the mere fear of a disparate impact lawsuit would not justify disparate treatment in employment, particularly if the testing and promotional process was validated and job related.
  34. T/F Victim does not have to be the individual who is harassed; statute only requires that the victim be affected by the conduct.
  35. What is the objective standard when determining a hostile work environment? (2 elements)
    • Reasonable person
    • Workplace is permeated with discriminatory intimidation, ridicule and insult
  36. T/F Title VII prohibits discrimination on the basis of religion. Requires a reasonable accommodation of the religious practices of applicants and employees unless it creates an undue hardship. Accommodations may include flexible scheduling, substitutions, job reassignments.
  37. What does EEOC stand for?
    Equal Employment Opportunity Commission
  38. What does the EEOC do?
    Enforce Federal Discrimination Statutes
  39. T/F Many courts have found Affirmative Action troubling in that race is a suspect class, and thus they are subject to strict scrutiny.
  40. What has Affirmative Action been replaced with?
    Targeted Recruitment Efforts
  41. T/F According the pregnancy discrimination act, pregnancy can be treated differently than all other medical conditions.
  42. How old do yoy have to be to be protected by the Age Discrimination In Employment Act (“ADEA”)?
  43. T/F Age (for hiring and retiring) can only be specified in limited circumstances where age has been established as a BFOQ,
    i.e. hiring and retirement for law enforcement.
  44. What is the definition of a disabled person?
    A person has a physical or mental impairment that substantially limits one or more major life activities – or – Has a record of such an impairment – or – Is regarded as having such an impairment.
  45. Does alcoholism qualify as a disability?
  46. T/F FMLA requires a covered employer to grant up to twelve weeks of unpaid leave for a serious health condition of an employee or family member, including the birth or adoption of a child, or the placement into foster care for an eligible employee.
Card Set:
Shaffer D-02
2012-02-15 05:35:55

Northwestern D-02 some different cards developed following the review session
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