Chapter 3: Equal Employment Opportunity in HRM Flashcards Preview

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Flashcards in Chapter 3: Equal Employment Opportunity in HRM Deck (44)
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1

when did non-discriminatory employment practices receive a great deal of attention in the US?

mid 1950's

2

three factors that influenced the growth of EEO legislation were...

1) [changing attitudes] toward employment discrimination
2) [published reports] highlighting the economic problems and injustices experienced by minority workers
3) [growing body of disparate discrimination laws] and regulations at different levels of government that legislators felt should be standardized

3

what is the main reason for companies to understand equal employment laws?

legal issues arise if they don't

$50K - $300K are common for lawsuits
-fairness and ethics
-morale issues
-company's reputation
-different decisions and interpretations of laws
-dynamic and complex

4

what role does HR play in legal issues?

advise managers on legality of personnel decisions

hiring, compensation, benefits, firing

HR CANNOT fix managements' mess - managers need to know EEO laws

things like collection of legal and social policies, equal access to employment, and equal treatment after being employed

5

disparate treatment

employers treat an employee differently based on protected class

it is direct and intentional

6

disparate/adverse impact

same standard used for everyone, but negatively impacts a protected class

indirect and unintentional

7

mcdonnel douglas corp vs. green 1973 (disparate treatment)

percy green, a mechanic at MDC, was let go when the company downsized, and wasn't rehired when the company started hiring again for his old position. He filed a case on race discrimination, but didn't win because MDC had proof that he was involved in illegal barricading of a door at the company during a protest

8

civil rights act of 1866

extended to all people the right to enjoy full and equal benefits of all laws

9

unemployment relief act of 1933

prohibited employment discrimination on account of race, color, or creed (religious beliefs)

10

Executive order 8802

FDR issued it to ensure that every American citizen, regardless of race, creed, color, or national origin, would be guaranteed equal employment opportunities for workers employed by firms awarded WWII defense contracts

11

prima facie case

literally means "at first appearance" the plaintiff needs to present 4 pieces of "prima facie" evidence in order to put the burden of proof back on the defendant

12

griggs vs duke power 1971 (adverse impact)

high school diploma requirement impacted African american applicants disproportionately

heavy burden of proof on the employer to show that a test that discriminates unfairly is required by business necessity

13

protected classes

individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity

14

what provides the structure that governs equal employment opportunity?

federal laws and executive orders, court cases, and state and local statues

15

fair employment practices (FEP)

state and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small employers

16

sexual harassment

unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature

it can also include offensive remarks about a person's sex

17

quid pro quo harassment

submission to or rejection of sexual conduct is used as a basis for employment decisions

18

hostile environment harassment

can occur when an unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment

19

four fifths rule

adverse impact exists if hiring rate of a protected class is less that 4/5ths of the hiring rate of a majority group

calculate by ensuring that 80% or more of a company's employee base is made up of one protected class

hiring rate for classes=lower hiring rate/higher hiring rate

.64 women/.85 men = 75% is the rate of women being hired when compared to men

20

bona fide occupational qualification (RARE DEFENSE)

suitable defense against discrimination charges only when age, religion, sex, or national origin is an actual qualification for performing a job

21

business necessity

a work-related practice that is necessary to the safe and efficient operation of an organization

efficient, safe operation of company. not as restricted of a defense as BFOQ

22

equal employment opportunity (EEO)

idea that everyone has an equal chance for employment and to be treated equally after being hired or let go

regardless of race, color, age, religion, disability, sex, or genetic information

23

EEOC

EEO commission (agency that enforces federal laws prohibiting both workplace discrimination and harassment at work based on some protected class status

24

EEO laws

equal pay act of 1963
title 7 of the civil rights act of 1964
age discrimination in employment act of 1967 (ADEA)
Americans with disabilities act of 1990 (ADA)
rehabilitation act of 1973
genetic information nondiscrimination act 2008 (GINA)

25

equal pay act of 1963

prohibits wage discrimination based on sex when the work requires equal skill, effort and responsibility (and under similar working conditions)

same geographic region

merit pay, piece rate pay, different shifts, seniority

26

age discrimination in employment act (ADEA)

no discrimination against those 40 years and older

cannot force early retirement

court cases

27

Americans with disabilities act of 1990

employment discrimination prohibited against those with debilitates who are able to perform the essential functions of the job with or without reasonable accommodations

disability - physical or mental impairment that limits one or more of life's major activities
essential functions - every employee must be able to do these to be effective at the job
reasonable accommodation - accommodating known disabilities; changing the job itself, equipment or workplace (braille, voice indicators, ramps, work stations)

28

genetic information nondiscrimination act of 2008 (GINA)

prohibits employment discrimination and/or harassment based on genetic information

generally prohibits employers from obtaining genetic information

29

Title 7 of civil rights act of 1964

unlawful for an employer to hire (or refuse to hire) or make other personnel decisions someone based on race, color, religion, sex, or national origin

includes religious holidays, clothing, accessories, and religious conduct on the job

pregnancy discrimination act of 1978

Title VII does not specifically address sexual orientation and gender identity (EEOC and courts say sex discrimination includes discrimination based on sexual orientation or gender identity)

30

best EEO practices

EEOC training, establish a compliant resolution process, only ask for a job and performance related information

document EVERYTHING
only ask for job performance related information