Sample Management Questions on The Equal Pay Act

Question 1

The equal pay act of 1963 has the provision of that both women and men have equal rights in payment including benefits for equal work done involving same skills, job and efforts and prohibits discrimination based on gender. Additionally, the act allows an employee to sue the employer over pay discrimination and also prohibits employers to take any action against the employee (Quffa et al., 145). However, the act allows for difference in payment when employees are evaluated according to merit, seniority and production level.

Question 2

The Equal Employment Opportunities Commission (EEOC) primarily handles discrimination disputes of aggrieved workers in workplace. The discrimination can occur in types of age of the individual, religion, cases of gender discrimination including pregnancy and maternity in women, sexual orientation, race, nationality and disability of the individual (Lamare et al.,159). The commission also handles different cases of victimization and harassments or retaliation cases of employers on an employee.

Question 3

Civil right act of 1964 was a law passed to ban any segregation based on gender, race, color, sex, disability or religion in all public places accommodated by the public including hotels or courtroom. It also outlawed use of funds for any segregator program and also directed the department of education to remove school segregation policies (McClain et al., 891).

Question 4

Title VII of The Civil Rights Act Of 1964 identifies two types of sexual harassment namely hostile environment and quid pro quo. Hostile environment sexual harassment consists of threatening, intimidating and repeated sexual advancements that affect the freedom of an employee to carry out his or her work. On the other hand, Quid pro quo, Latin word meaning “this for that” is the type of sexual harassment where a senior placed employee asks for sexual favors from the junior worker in exchange for employment benefits such as increased salary or promotion to senior position (Wintemute et al., 265).

Question 5

Americans with disabilities Act (ADA) of 1990 prohibits employers against discriminating any employee on the basis of employee disability. The Act explains reasonable discrimination as assistance to changing a position in a workplace to enable a qualified disabled employee to effectively perform his duty. Undue hardship refers to taking actions that pose a significant difficulty or expense when an employer would demonstrate that a particular accommodation was too costly, or disruptive to be engaged in the workplace (Shay et al., 56).

Question 6

Family and Medical Leave Act of 1993 (FMLA) is a labor law which requires employers to provide employees with job security of unpaid leave for family or medical reasons. Such reasons include birth and care of new born baby, taking care of a seriously ill family member, caring for an adopted child or taking medical leave which hinders the employee ability to work and emergency care relating to a family member in active military duty (Zagorsky et al., 460). Medical leave is only available to employees who are in a company that employs fifty or more employees at the station. The employer must be one whose employees reside within a worksite radius of 75 miles from the job station. The employee must have worked for at least 1250 hours excluding holidays, vacations or situations that the employee was away from work. Additionally, the employee must have been working for the past 12 months without breaks of more than seven years unless the leave was a written agreement or on military obligations (Zargosky et al., 461).

Question 7

Instances of proven employment discrimination enable the employee to receive actions for damages incurred due to discrimination. These remedies include punitive and compensatory damages where punitive damages may be a punishment to the employer for committing the act of discrimination and compensatory damages are payments to the employee for compensation on the harm caused by the discriminatory act (Shinall et al., 1099). Compensatory damages include medical expenses, mental discomfort or any inconvenience caused. Additionally, the employee can receive promotion on the job, reasonable accommodations or back pays such as attorney’s fees, overtime payment and pension benefits.

Question 8

Job analysis refers to a process of identifying and determining details and requirements of a particular job and the importance of the work duties. Job analysis follows a particular seven step criteria of the job (Miao et al., 281), firstly, collection of information through methods such as observation and interviews of prepared programs and responsibilities assigned to the specific person. Secondly, there is review of collected information to design position descriptions, organizational charts, manuals and specification procedures. Thirdly, selecting a representative position to be analyzed, where the analysis investigates which employees require the job analysis. Fourthly, analyzing of job activities, employee behaviors, abilities and traits of the employee. Fifth step involves developing a job description which describes the features of the job with the duties and degree of risk undertaken in each job. Sixth step involves developing of a job specification where a detailed statement is prepared showing summarized personal traits, skills and knowledge to perform specific work (Miao et al., 283). Seventh step involves documentation of the job analysis report where the process is written down in summarized details for decision making.

Question 9

Job description refers to a written statement giving a summary of descriptions of all the features of a job such as the location, working environment, duties and safety hazards while specification refers to summarized personal traits, skills and background necessary to perform a specific job ( Tahsildari et al. 57).

 

Works Cited

Lamare, J. Ryan, and David B. Lipsky. “Resolving discrimination complaints in employment arbitration: An analysis of the experience in the securities industry.” ILR Review 72.1 (2019): 158-184.

McClain, Linda C. “Civil Rights Act of 1964 and Legislating Morality: On Conscience, Prejudice, and Whether Stateways Can Change Folkways.” BUL Rev. 95 (2015): 891.

Miao, Chao, Ronald H. Humphrey, and Shanshan Qian. “A meta-analysis of emotional intelligence effects on job satisfaction mediated by job resources, and a test of moderators.” Personality and Individual Differences 116 (2017): 281-288.

Quffa, Wedad Andrada. “A review of the history of gender equality in the United States of America.” Social Sciences and Education Research Review 3.2 (2016): 143-149.

Shay, Anthony. “Accommodation System: Accommodations.” Assistive Technology Service Delivery. Academic Press, 2019. 55-69.

Shinall, Jennifer Bennett. “The Substantially Impaired Sex: Uncovering the Gendered Nature of Disability Discrimination.” Minn. L. Rev. 101 (2016): 1099.

Tahsildari, Amin, and Shila Shahnaei. “Enhancing Organizational Effectiveness by Performance Appraisal, Training, Employee Participation, and Job Definition.” European Journal of Business and Management 7.12 (2015): 56-63.

Wintemute, Robert. “Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes.” Sexual Orientation and Rights. Routledge, 2017. 265-290.

Zagorsky, Jay L. “Divergent trends in US maternity and paternity leave, 1994–2015.” American journal of public health107.3 (2017): 460-465.