Exam 7: Diversity, Inclusion, and the Law

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What are the five protected classes according to Title VII of the Civil Rights Act of 1964 (CRA-64)?

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What is an Affirmative Action plan, and who is required to prepare one? What is done with it?

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An Affirmative Action plan is a set of specific actions and procedures designed to ensure equal employment opportunities for individuals within a company or organization, particularly those belonging to minority groups, women, and individuals with disabilities. The plan typically includes goals and timetables for increasing the representation of these groups in the workforce, as well as strategies for recruitment, training, promotion, and other employment practices.

In the United States, federal contractors and subcontractors are required to prepare and maintain an Affirmative Action plan if they have 50 or more employees and a contract of $50,000 or more with the federal government. State and local governments, as well as private employers, may also be required to prepare an Affirmative Action plan if they are subject to specific laws or regulations that mandate it.

Once an Affirmative Action plan is prepared, it is typically submitted to the Office of Federal Contract Compliance Programs (OFCCP) for review and approval. The plan must be implemented and monitored by the employer to ensure that it is effectively increasing the representation of minority groups, women, and individuals with disabilities in the workforce. Additionally, the employer may be required to report on their progress and provide evidence of their efforts to comply with the plan's goals and objectives. Failure to comply with Affirmative Action requirements can result in penalties and sanctions from the government.

Protected classes

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Reasonable accommodations are required for disabled individuals unless they place undue hardship on the employer. What might be considered undue hardship?

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What are the major provisions of the ADEA? Who is protected under this law?

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What are the major provisions of the FMLA? What are its shortcomings?

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What are protected classes and why is it important to know them?

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What are the major provisions of the IRCA?

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Affirmative Action (AA) policies can be a response to an executive order or a court order. What is one difference between EO-based AA and court-ordered AA?

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Acceptable AA activities include all of these except

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The ADA, ADEA, and FLMA are

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What provisions does the Pregnancy Discrimination Act of 1978 add to the previous law?

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The Texas Roadhouse Case dealt with

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Who is covered by the Family and Medical Leave Act of 1993 (FMLA)?

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Distinguish between voluntary and court-ordered Affirmative Action.

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When does a case generally have the potential to appear before the Supreme Court?

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Maria discovers she is paid less than Suzanne for the same job, even though their experience and performance are essentially the same. Under which federal law might Maria file a claim?

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What is the major problem with FMLA leave from the perspective of the employee?

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Can Congress "reverse" Supreme Court decisions?

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Affirmative Action

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