I this does not apply to highest 10 paid in employers

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e.i) This does not apply to highest 10% paid in employer’s workforce f) If state law is MORE Generous than FEDERAL law for FMLA, employers are bound by STATE law. . 165) Title VII Civil Rights Act – most significant anti- discrimination law of 1964 a) Forbids discrimination on race, color, sex, religion or national origin in all aspects of employment, hiring, firing, promotions, compensation, etc. a.i) Sexual orientation not protected a.ii) Age Discrimination in Employment Act of 1967 – ADEA – outlaws discrimination against people over 40 years old a.iii) Americans with Disabilities Act of 1990 – cannot discriminate against individuals with disabilities a.iv) Pregnancy Discrimination Act of 1978 – cannot discriminate against pregnancy, child birth etc, 166) Disparate Treatment – banned by Title VII when an employer discriminates although motives are not obvious (non-overt discrimination) (a.i.1) Adverse Impact or Disparate Impact – when an employee claims unequal negative treatment of groups (tests, weight requirements, etc.) (a.i.2) Pervasive Pattern of discrimination – inferred through statistics – Example: a city has a population of 70% blacks and only 5% work for this company, (a.i.3) Quotas – policies that require employers to hire or promote from within certain groups (a.i.3.a) Rare due to recent “reverse discrimination” (a.i.4) Affirmative Action – aggressively recruiting a diverse applicant pool (a.i.5) U of California vs Bakke – most famous Supreme Court decisions regarding affirmative action (a.i.6) City of Richmond vs. Croson – 30% of city funds went to Black owned firms, was challenged, must be subject to strict scrutiny 167) Sexual Harassment 2 types a) Quid pro quo – “this for that” if you do this for me I will give you a raise b) Work Environmental – unwelcomed sexual harassment b.i)Harris vs. Forklift Systems, Inc. (b.i.1) Job performance does not have to suffer to win sexual harassment case (b.i.2) Work environment does not need to be severe, just reasonably perceived as hostile or abusive “reasonableness “standard 168) EEOC – Equal Opportunities Commission – enforces the following: a) Title VII Civil Rights Act b) Equal Pay Act – amendment to the FLSA Fair Labor Standards Act b.i)Makes it unlawful to discriminate based on sex, equal pay for equal work for men and women doing same job b.ii) Comparable Worth – is under consideration - involves jobs which are essentially the same c) Coordinates all federal employment regulations, practices and policies
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BUSINESS LAW - CLEP 169) Fair Labor Standard Act of 1938 – FLSA – provides for a minimum wage and overtime, child labor a) Time and one half for overtime b) Forbids employment of children less than 14 yrs old c) Restricts employee of children 14-17 yrs old c.i) 14-15 yr olds can only work non-school hrs in nonhazardous positions c.ii) Under 18 cannot work in hazardous positions d) Enforced by U.S. Department of Labor d.i)Secretary of labor - has the power to sue for back wages, civil penalty and injunctions
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i This does not apply to highest 10 paid in employers...

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