Employee Relations Flashcards

Which US law prohibits workplace harassment based on race, color, religion, sex, or national origin?

Answer: Title VII of the Civil Rights Act of 1964

Title VII is the primary federal statute prohibiting employment discrimination and harassment based on protected characteristics including race, sex, and religion.

What distinguishes 'quid pro quo' harassment from 'hostile work environment' harassment?

Answer: Quid pro quo involves job benefits conditioned on sexual favors; hostile environment involves pervasive offensive conduct

Quid pro quo harassment ties tangible employment actions (hire, promotion, termination) to acceptance or rejection of sexual demands, while hostile environment involves severe or pervasive conduct that alters working conditions.

What is a 'last-chance agreement' in progressive discipline?

Answer: A final written agreement giving an employee one more opportunity to meet standards before termination

A last-chance agreement documents specific performance or conduct requirements the employee must meet, with the understanding that failure will result in immediate termination.

When an employee files an internal harassment complaint, HR's first obligation is to:

Answer: Conduct a prompt, thorough, and impartial investigation

HR must investigate harassment complaints promptly and impartially to meet the employer's legal duty of care and to stop ongoing harassment.

What is 'mediation' as an alternative dispute resolution (ADR) method?

Answer: A neutral third party facilitates discussion to help parties reach a voluntary agreement

In mediation, a trained neutral facilitates communication between disputing parties without imposing a solution, allowing them to craft a mutually acceptable resolution.

Which statute protects employees who report employer violations of law from retaliation?

Answer: Whistleblower protection provisions in laws such as SOX and Dodd-Frank

Multiple federal statutes, including the Sarbanes-Oxley Act and Dodd-Frank, include whistleblower protections prohibiting retaliation against employees who report legal violations.