Chapter 3 Flashcards
(44 cards)
A branch of the Department of Labor responsible for looking into and litigating claims of job discrimination.
Equal Employment Opportunity Commission (EEOC)
A process wherein an employee registers a complaint with the company, and someone or a committee within the company decides how to handle it.
Grievance system
A method of conflict resolution in which a neutral third party is requested to assist the two sides in coming to a consensus
Mediation
A method whereby a neutral third party is asked to decide which side is right in order to settle conflicts.
Arbitration
A method for settling disputes wherein the correct side is determined by a neutral third party, and neither side is permitted to appeal the result.
Binding arbitration
A method for settling disputes wherein any party may appeal the decision and a neutral third party is requested to decide which side is correct.
Nonbinding arbitration
A complaint of discrimination is made to a
government agency. If the claimed violation involves a state law, a state agency is utilized; if it involves a federal statute, a federal agency—typically the EEOC—is used.
If the complainant has already brought a claim against a state or local fair employment practice agency, the EEOC complaint must be brought within 300 days after the alleged discriminatory act rather than within the required 180 days. The government agency will attempt to notify the employer of the complaint within 10 days, get further information from both parties as needed, and assess the charge to see if it is justified.
Filing a Discrimination Charge
Depending on whether the individual who filed the complaint accepts the result, one of two things may occur if a government agency determines that a complaint lacks validity after evaluating it. The procedure is over if the complaint agrees with the judgment. The complainant receives a “right to sue” letter, which gives him the right to employ private counsel and bring the case on his own if he disagrees with the decision.
Charge Does Not Have Merit
If the EEOC thinks the discrimination allegation has validity, it will attempt
to reach a settlement with the company without filing a lawsuit.
Charge Has Merit
A court’s interpretation of the law through a trial judgment that establishes a precedent for further court decisions.
Case law
The Supreme Court will only take a matter under consideration if the outcome is
legally significant or if different circuit courts have reached different conclusions
about a particular topic
The Supreme Court will only take a matter under consideration if the outcome is
legally significant or if different circuit courts have reached different conclusions
about a particular topic
Any action an employer makes that has an impact on an employee may be legally
challenged. It involves recruiting, deciding on salary, training, allocating workers to shifts, disciplining, terminating, promoting, and scheduling vacations.
Employment Practice
It mandates that a person’s right to
equal protection under the law may not be denied by the government.
Fifth Amendment
It mandates that no state be permitted to deny a person of equal protection under the law
Fourteenth Amendments
Any population group for which
protections are the subject of law.
Protected Class
According to the Civil Rights Acts of 1986,
1964, and 1991 as well as the Fifth and Fourteenth Amendments to the United States Constitution, it is unlawful to discriminate against a person based on
Race
It is protected by Civil Rights Acts. Despite
being frequently used as a synonym for race, the mention of color shields people from discrimination based largely on differences in skin tone.
Color
Discrimination based on sex is forbidden by the Equal Pay Act of 1963, the Civil Rights Acts of 1964, and 1991. International discrimination against either men or women is prohibited by law,
according to the courts (Diaz v. Pan American Airways, 1991).
Sex
Under the Civil Rights Acts of 1964 and 1991. It should be noted that national
origin, not race, provides protection for Hispanics. Discrimination claims based on national origin have risen dramatically in recent years. The restriction to speak only “understandable English” or “English
only” is one of the most common complaints
National origin
It is covered under the 1964 and 1991
Civil Rights Acts. It is illegal to take a person’s religion into account when making a hiring decision unless the nature of the job is religious.
Religion
Several religions forbid their members from working on a specific day. It is
frequently simple to accommodate days of worship by assigning employees without religious limitations to work on certain days
Days of Worship
Prayer and fasting are two behaviors in particular that can cause potential problems. Members of some religions are
required to pray at specific times
Worship Practices
Many religions demand that their adherents wear specific clothing, thus when an organization mandates consistent appearance for personnel, whether to promote a company image or maintain customer satisfaction, there
may be potential for conflict
Religious dress
