Employment Law and Workplace Compliance Flashcards

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on:

Answer: Race, color, religion, sex, and national origin

Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin. Age discrimination is covered by the ADEA, disability by the ADA, and genetic information by GINA. Federal protection for sexual orientation and gender identity was established by the Supreme Court's 2020 Bostock decision interpreting 'sex' under Title VII.

Under OSHA's General Duty Clause, employers are required to:

Answer: Provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm

The General Duty Clause (Section 5(a)(1) of the OSH Act) requires employers to provide a workplace free from 'recognized hazards' that are causing or likely to cause death or serious physical harm. It is used when no specific OSHA standard covers a particular hazard. It does not require monthly inspections, universal PPE, or employer certification.

An employee claims that a supervisor's repeated comments about her age and suggestions she 'retire soon' have created an uncomfortable work environment. This situation most likely constitutes:

Answer: Hostile work environment harassment under the Age Discrimination in Employment Act (ADEA)

Repeated age-related comments that create an intimidating or offensive work environment can constitute hostile work environment harassment under the ADEA (which protects workers 40 and older). Quid pro quo harassment involves conditioning employment benefits on submission to unwelcome conduct — that element is not present here.

Under the Americans with Disabilities Act (ADA), an employer is required to provide a 'reasonable accommodation' unless:

Answer: Providing the accommodation would impose an undue hardship on the employer

The ADA requires employers to provide reasonable accommodations for qualified individuals with disabilities unless doing so would impose an 'undue hardship' — significant difficulty or expense relative to the employer's size and resources. There is no fixed dollar threshold, no tenure requirement, and causation of the disability is generally irrelevant to the accommodation obligation.

The Fair Labor Standards Act (FLSA) 'white collar exemptions' allow employers to classify employees as exempt from overtime pay if the employees meet tests related to:

Answer: Salary level, salary basis, and the nature of job duties performed

FLSA white collar exemptions (executive, administrative, professional) require employees to meet three tests: (1) a minimum salary level (currently $684/week under federal rules), (2) payment on a salary basis (not docked for partial days), and (3) performance of exempt duties as defined by DOL regulations. Job title alone does not determine exempt status.

A compliance manager is implementing a workplace harassment prevention program. Which component has been shown to be most effective in reducing actual harassment incidents (as opposed to just satisfying legal safe harbor requirements)?

Answer: A clear reporting mechanism, prompt investigation, and demonstrated leadership accountability for violations

Research and EEOC guidance indicate that effective harassment prevention requires more than check-the-box training. Clear, accessible reporting channels, prompt and thorough investigations, and visible leadership accountability — including consequences for senior-level violators — are the elements most associated with actual culture change. Online training and policy acknowledgments satisfy legal minimums but have limited standalone impact.