Legal Issues in Employee Selection Flashcards
employee take their complaints to an internal committee that makes a decision regarding the complaints
Grievance System
employees and the organization meet with a neutral third party who tries to help the two sides reach mutually agreed upon solution
Mediation
two sides present their case to a neutral third party who makes a decision to which side is right
Arbitration
neither side can appeal the decision
Binding Arbitration
parties can either accept the decision or take the case to the court
nonbinding arbitration
True or False: Nonbinding arbitration allows parties to reject the arbitrator’s decision.
True
Which of the following is a key difference between binding and nonbinding arbitration?
A) Cost
B) Finality
C) Speed
D) Confidentiality
B) Finality
True or False: Mediation results in a legally binding decision.
False
Fill in the blank: Nonbinding arbitration allows parties to ______ the arbitrator’s decision.
reject
What role does a mediator play in workplace disputes?
facilitates communication and negotiation between parties to help them reach a voluntary agreement.
Which method typically involves a third party making a decision that both parties must follow?
Binding arbitration
Multiple Choice: Which of the following is NOT a characteristic of mediation?
A) Voluntary process
B) Legally binding decision
C) Confidential discussions
B) Legally binding decision
True or False: Mediation can be used to resolve workplace grievances.
True
What is one advantage of using binding arbitration in workplace disputes?
It provides a quicker resolution compared to court litigation.
What is one disadvantage of mediation?
There is no guarantee that the parties will reach an agreement.
any decision that affects an employee
employment practice
Acts against discrimination
Civil Rights Acts 1886, 1964, 1991, Fourth and Fifth Ammendments
Prohibits discrimination based on sex
Civil Rights Act and Equal Pay Act of 1963
prohibits employer or union from discriminating against individual over the age of 40
Age Discrimination in Employment Act ADEA
if job can only be performed by a person in a particular class
Bona Fide Occupational Qualification (BFOQ)
a particular employment decision results in negative consequences more often for members of one race, sex, national origin
Adverse Impact
True or False: The four-fifths rule is a legally binding requirement in the United States.
False. The four-fifths rule is a guideline, not a law, but it is often used in legal contexts to assess potential discrimination.
Fill in the blank: According to the four-fifths rule, if the selection rate for the majority group is 60%, the selection rate for the minority group should be at least ___%.
48%
What does the four-fifths rule help to identify in the context of employment practices?
It helps to identify potential adverse impact or discrimination against minority groups in hiring and selection processes.
