Combined Errata
Page 0CD
Question 4. The correct answer is B
Page 60
Question 1 - Change D to "Select a training method."
Page 104-105
- Errata EEOA CRA
Equal Employment Opportunity Act of 1972
Created in 1972, the Equal Employment Opportunity Act (EEOA)provides litigation authority to the EEOC in the event that an acceptable conciliation agreement cannot be reached. In those cases, the EEOC is empowered to sue nongovernment entities, including employers, unions, and employment agencies.
The EEOA extended coverage of Title VII to entities that had been excluded in 1968, including:
Educational institutions
State and local governments
The federal government
In addition, the EEOA reduced the number of employees needed to subject an employer to coverage by Title VII from 25 to 15 and required employers to keep records of the discovery of any unlawful employment practices and provide those records to the EEOC upon request.
The EEOA also provided administrative guidance for the processing of complaints by providing that employers be notified within 10 days of receipt of a charge by the EEOC and that findings be issued within 120 days of the charge being filed. The EEOC was empowered to sue employers, unions, and employment agencies in the event that an acceptable conciliation agreement could not be reached within 30 days of notice to the employer. Finally, the EEOA protected whistleblowers from retaliatory employment actions.
The EEOA also increased the period of time an individual has to file discrimination complaints. The following list details the time frames for filing:
In states without EEO enforcement agencies, an individual must file a charge with the EEOC within 180 days of the incident
In states with EEO enforcement agencies, a charge must be filed within 300 days of the incident or, if the charge was initially filed with the state enforcement agency, within 30 days after receiving written notice from the state that the investigation was terminated.
If the EEOC does not file a civil suit or enter into a conciliation agreement within 108 days of the initial charge, the complaining individual is notified and may file a civil suit within 90 days of receiving that notification.
Once an individual has filed a charge with the EEOC, there is a 60-day waiting period before a civil action may be filed by the individual.
Visitwww.eeoc.gov/35th/thelaw/eeo_1972.html to view the full text of the EEOA of 1972.
Pregnancy Discrimination Act of 1978
Congress amended Title VII in 1978 to clarify that discrimination against women who are pregnant is an unlawful employment practice. The Act specified that pregnancy be treated the same way as any other short-term disability, with the same benefits as for other short-term disabilities.
Civil Rights Act of 1991
In 1991, the CRA amended Title VII, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). to address the issue of disparate impact, first introduced by the Griggs v Duke Power case in 1971. Disparate impact occurs when an employment practice, which appears to be fair, unintentionally discriminates against members of a protected class. The CRA places the burden of proof for discrimination complaints on the complainant when there is a job-related business necessity for employment actions. When an individual alleges multiple discriminatory acts, each practice in itself must be discriminatory unless the employer’s decision-making process cannot be separated, in which case the individual may challenge the decision-making process itself. The CRA also provides additional relief for victims of intentional discrimination and harassment, codifies the concept of disparate impact, and addresses Supreme Court rulings over the previous few years that had weakened equal employment opportunity laws.
Page 108
Age Discrimination in Employment Act (ADEA) of 1972 should read 1967
Page 114
Graphic in the middle of the page, second equation numerator should read "Total # of Employees During the Period".
Page 116
see detailed description
IDENTIFY THE GAP
ends with the sentence "Before I discuss filling the gap...,let's review the relevant employment legislation,regulation, and court cases that impact how candidates are selected."
author's response
That section was originally placed before the extensive discussion of the laws that appears on pages 104-110. The court cases are now discussed on page 125. So let's delete the sentence she references and replace it with:
As you study for the exams, keep in mind that the federal EEO legislation discussed on pages 104-110 has a direct impact on the staffing activities that are conducted to fill the gap.
03/26/04 mbm Page 155
Question 10 A. Should read "A. That an I-9 form be completed for all new hires within 5 days for hire" not "A. That an I-9 form be completed for all new hires within 3 days for hire"
Page 203
Sentence at end of fifth para:
A complete list of current FLSA exemptions can be viewed at...
should be replaced with this sentence:
Revised changes to FLSA exemption requirements can be viewed at www.dol.gov/esa/regs/compliance/whd/fairpay.
Page 262
6. A company that wants to reduce the cost of it's unemployment insurance
should
A. Aggressively fight unjustified claims for unemployment
B. Establish an effective performance management program
C. Terminate employees who violate company policy
D. All of the above
Changing "c" makes both the answer and the explanation correct. Page 264
Answer to Question 6 should read D. A and B are both obviously correct. While C may seem counter-intuitive to some because many employers are hesitant to terminate employees for policy violations, those terminated for cause are generally not eligible for unemployment insurance. Since retaining an employee who is not contributing to the organization is a poor business decision, maintaining adequate records to demonstrate the lawful reasons for a termination provides the tools to fight claims that are unjustified.
Page 270
Para beginning "Harris v Forklift Systems (1983)" should read "Harris v Forklift Systems (1993)"
Page 380
- graph
Page 429
ADEA
Of 1967, 108-109, 356
|
