T/F Hostile environment harassment, a type of sexual harassment, must be sufficiently severe that it has a significant negative effect on the harassed employee's job performance
True
T/F The Title IX component of Financial Assistance for students is a college issue and is not a problem with interscholastic athletics
False
T/F Courts have sided with school code of conduct policies that prohibit students attendance at parties where alcohol and drugs are present
True
The Second Prong of the current three-part test for compliance relative for participation opportunities with Title IX is:
History and continuing practice
T/F The IHSAA is the "official" voting member for the State of Iowa with the NFHS
True
Which of the following prohibits employer retaliation against employees who seek out justice when faced with discrimination?
Title VII
T/F Iowa law allows for school officials to randomly search students lockers.
False, only under suspicion
T/F The courts have traditionally not viewed high school athletic associations as state actors for purposes of deciding constitutional rights claims
False
Which of the following are the two types of sexual harassment recognized under Title VII of the Civil Rights Act of 1964?
Quid pro quo and hostile environment
The responsibility for implementing and enforcing regulations governing Iowa high school athletics participation of member high schools is held by which organization?
IHSAA
The law that requires women receive equal salaries as men for doing work that requires equal skill, effort, and responsibility, and that is performed under similar working conditions, is known as:
The Equal Pay Act
T/F Title VII of the Civil Rights Act of 1964 prohibits employment discrimination directed at the protected classes of race, color, religion, sex, and national origin.
True
T/F The Age Discrimination Act (ADEA) protects against employment discrimination based on the notion that an employee is either too old or too young.
False, just on too old
What form of Risk Management involves the actual reduction of risk?
Risk Control
What is the most common risk transfer method?
Insurance
Which of the following are the two theories of liability for employment discrimination under Title VII?
Disparate treatment and disparate impact
T/F The first step in the preventative law process is to engage in risk evaluation.
False
T/F People with learning disabilities are not protected under the Americans with Disability Act nor under section 504 of the Rehabilitation Act
False
T/F The preventative law plan should should be congruent with your organization's core values.
True
What form of risk management shifts the possible financial loss to another party?
Risk Transfer
Since High School Athletic Associations are viewed as State Actors, when would the courts interviene?
When the athletic association does not follow due process
What is judicial standing?
Does the party have enough cause to stand before a court?
What amendment involves due process?
14th Amendment
What 3 procedural due process duties must Athletic Administrations provide in any disciplinary action?
- Notice of hearing
- Fair opportunity to present one's case
- Opportunity to hear and confront opposing evidence
What is the 4th amendment?
No unreasonable search and seizure
What is the 1st amendment?
Freedom of Religion, Speech, Press, Assembly.
What is Title IX?
Gender Equity
What office enforces Title IX claims?
US Department of Education's Office for Civil Rights (OCR)
What are the 3 parts of the test for compliance?
- Effective Accommodation
- Financial Assistance
- Equivalence in other Athletics
What are the 3 parts of the test of equivalent participation opportunities?
- Substantial proportionality
- History and continuing practice
- Full and effective accommodations
What are the two parts of the test of equivalent levels of participation?
- Equivalent advanced competitive opportunities
- History and continuing practice
What is Title VII of the Civil Rights Act of 1964?
Bars employers from discriminating against their employees on the basis of sex, race, color, national origin and religion
What is Disparate Impact?
Employers neutral employment practices has had a discriminatory effect on a protected class.
What is disparate treatment?
Intentionally discrimination
What is Systematic Disparate Treatment?
Statistical evidence of broad sweeping employment practices
What is quid pro quo harassment?
- Power over another employee
- Something in exchange for something else
T/F Title VII applies to independent contractors and some other groups like small businesses?
False
T/F People with disabilities constitute nearly 21% of the U.S. workforce.
True
What are some defenses against a Disability Claim?
- Adverse action was not solely due to employee's disability
- Employee could not perform essential job functions
What is Risk Management?
The function or process by which an organization identifies and manages the risk of liability that arises from its activities
What is preventative law?
Provides the broader focus, to include lot of different types of risk
What is the preventative law process?
- Identify Risks
- Assess Risk
- Evaluate Risk
- Design the preventative law plan
- Implement the preventative law plan
What is risk assessment?
Determining the probability that particular risk will result in claims and the magnitude of the potential liability arising from such claims.
What is risk evaluation?
- Evaluate the risk in conjunction with the organizations core values
- Evaluate importance of certain activity and athletic programs to the organization.
What is risk elimination?
- Used if exposure greatly out weights the benefits of the sport or activity
What is Risk Retention?
- Choosing to bear the financial consequences of the risk of the activity
Insurance is a form of what risk management form?
- Risk retention