Midterm Flashcards
(123 cards)
Illegal Discrimination
making distinctions that harm based on protected class
types of discrimination:
Disparate Treatment
Intentionally treating a person or group unfairly
If a man is giving time off to contest a traffic ticket but a woman is not because woman are bad drivers anyways this is an example of:
Disparate Treatment
types of discrimination:
Disparate Impact
Unintentionally creating policy or taking action that impacts a group of people negatively.
The Baltimore police officer written test was conducted such that black applicants were must less likely to be hired. This is an example of:
Disparate Impact.
types of discrimination:
Patterns or Practice
Intentionally keeping actions or policies in place that have shown to have been discriminatory over a period of time.
OUCH TEST
Objective
Uniform
Consistant
Job relatedness
Use the ouch test when
whenever an action or decision is made regarding an employee or applicant
OUCH
Objective
Based on facts, evidence and data.
Not emotion, opinion or feelings
OUCH
Uniform
The same actions must be applied to similar cases.
ex:If a man is allowed time off to contest a ticket a woman must be allowed time off to contest a ticket.
OUCH
Consistant
The action does not significantly effect one protected class over another- use 4/5th rule
OUCH
Has Job Relatedness
Discussions about a person must be based on the job-relatedness
Ex: if your job isn’t making coffee for the office, then you can be disciplined for refusing to make coffee
4/5th rule (FORMULA)
.8 * X = Y
where x is % of majority class
Y must be less than or equal to impacted class
KSAO
Knowledge
Skills
Abilities
Other Attributes
Case law emphasizes that Organizations should made decisions based on
KSAO
Equal Pay At:
It is illegal to pay women less then men for the same job
currently women earn _____ as men for the same job, black women earn ________
currently women earn .8/$1 as men for the same job, black women earn .7/$1
Title VII of the CRA
It is illegal to discriminate based on the 6 protected classes
6 protected classes of CRA
Race
Religion
National Origin
Sex
Family Status
Color
Age Discrimination Act
It is illegal to discriminate against persons aged 40+. No mandatory retirement.
Pregnancy Discrimination Act
Employers must treat pregnant employees the same as anyone else with a disability.
Americans with disabilities act
requires responsible accommodation to allow an employee who can otherwise preform the essential functions of the job.
CRA amended 1991
1.
2.
3.
4.
-provides compensation/damages
-protect employees in other countries
-protects against racial harassment
-prohibits race norming
Race Norming
when different groups require different scores to “pass” a test.