Test 1 Flashcards
(23 cards)
The systematic study of jobs to determine what activities and responsibilities they include, their relative importance in comparison with other jobs, the personal qualifications necessary for performance of the jobs, and the conditions under which the work is performed
Job Analysis
Identification General Summary Essential Functions and Duties Job Specifications You may want to add a physical requirements part for ADA compliance Disclaimer and Approvals
Parts of a Job Description
the process by which managers help others acquire the power needed to make decisions affecting themselves and their work
Empowerment
Regulates actions that present a danger to society
Criminal Code
Regulates actions or omissions that cause harm to others
Civil Code
EEO
Who is covered?
Private employers with 15 persons or more
All educational institutions
State and local governments
Labor unions with 15 employees or more
Who is charged with administering EEO laws and regulations?
EEO
EEO
Prohibits discrimination in hiring, compensation, and terms, and conditions of employment based on:
Race Religion Color Sex National Origin
A legitimate reason why an employer can discriminate against an employee
BFOQ
Bona Fide Occupational Qualification
This is when members of a protected class are treated differently
Disparate treatment
This happens from employer decisions that work to the disadvantage of the employees
Disparate impact
Takes place when an employer takes a negative action because of an employee filing a charge
(not legal)
Retaliation
Allows employees to sue for punitive damages for cases of intentional discrimination
Equal Employment Opportunity Act of 1991
May not discriminate against individuals 40 and over
Eliminates practice of mandatory retirement age
Exceptions:
-Pilots (age 65 by FAA regulation)
-Air Traffic controllers: 56
-Diplomats: 65
-Judges: by state (70 in some)
Age Discrimination in Employment Act (ADEA) - 1967
- Cannot refuse to hire
- Can’t terminate
- Can’t deny insurance
- Must give a reasonable amount of time off (no set amount; though typically is 6 weeks)
- Leave is unpaid (unless the employer decides otherwise)
Pregnancy Discrimination Act (1978)
Pay similar rates for similar work, regardless of gender What justifies a pay difference? Seniority Performance Quality/ Quantity Skill, effort, work conditions, etc.
Equal Pay Act (1963)
- Ensures that people who serve in the armed forces are not disadvantaged because of their service
- Are promptly reemployed in their civilian jobs upon return from duty
- Are not discriminated in employment based on past, present, or future military services
Uniformed Services Employment and Reemployment Rights Act (USERRA), 1994; 2008
- Protects most forms of disability
- Key controversy: who is disabled?
- Requires employees to make reasonable accommodation for qualified individuals
Americans with Disabilities Act (1990)
Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment
Two types: Qui Pro Quo and Hostile environment
Sexual Harassment
- Provides unpaid leave up to 90 days
- May be for one’s personal illness / injury or for the care of a close relative (i.e. children, parents)
- Upon return, the individual is to get the same or similar position
- More on this on the compensation class
FAMILY MEDICAL LEAVE ACT (FMLA) 1993
Employers many not discriminate based on genetic information
May not discriminate based on family medical history
Genetic Information Nondiscrimination act (2008)
An employer may terminate an employment relationship with or without just cause at any time (except for the case of discrimination / violation of federal statutes)
Employment at Will
Occurs when an employer hires someone and does not do the due diligence
- Example: not verifying credentials of a physician
- Failing to perform a background search
Negligent Hire
