Risk Management and Compliance Flashcards

What is 'disparate impact' discrimination?

Answer: A facially neutral policy or practice that disproportionately excludes members of a protected class without business justification

Disparate impact (also called adverse impact) occurs when a neutral employment practice results in significantly lower selection rates for a protected group, and the employer cannot justify it as a business necessity.

What is OSHA's 'recordkeeping rule' (29 CFR Part 1904) primarily concerned with?

Answer: Requiring covered employers to record and report work-related injuries and illnesses on OSHA 300 logs

OSHA's Part 1904 recordkeeping rule requires most employers with 10+ employees to maintain OSHA 300 logs of work-related injuries and illnesses and post the 300A summary annually.

What is 'affirmative action' in the context of federal contractor obligations?

Answer: Proactive efforts by federal contractors to increase representation of protected groups in their workforce

Affirmative action requires covered federal contractors to analyze workforce composition, identify underutilization of women and minorities, and take specific actions to address gaps.

What is the ADEA's minimum age protection threshold?

Answer: 40 years of age and older

The Age Discrimination in Employment Act (ADEA) protects workers 40 years of age or older from age-based discrimination in hiring, promotion, discharge, compensation, and other employment terms.

What must an employer do before enforcing a mandatory arbitration agreement under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (2022)?

Answer: Allow the employee to choose between arbitration and court for sexual assault or harassment claims

The 2022 federal law invalidates pre-dispute mandatory arbitration clauses as applied to sexual assault and sexual harassment claims, giving individuals the right to pursue these claims in court.

What is 'workers' compensation' designed to provide?

Answer: No-fault insurance providing medical benefits and wage replacement to employees injured on the job

Workers' compensation is a state-mandated, no-fault insurance system that provides medical treatment, disability payments, and rehabilitation to employees who suffer work-related injuries or illnesses.