HR Chpt3

Disparate Treatment (INTENTIONAL)

A situation in which protected class members receive unequal treatment or are evaluated by different standards. To win a disparate treatment case, the burden of proof is on the accuser.

Business Necessity

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

I-9 Forms

All employers covered by the law are prohibited from knowingly hiring or retaining unauthorized aliens on the job and employers with four or more employees are prohibited from discriminating in hiring or termination decisions on the basis of national origin or citizenship. E-Verify may be used with large Federal government contracts.

Equal Employment Opportunity Act of 1972

Amended Title VII of Civil Rights Act of 1964; strengthens the EEOC's enforcement powers and extends coverage of Title VII to government employees, employees in higher education, and other employers and employees.

Family Medical Leave Act

Applies to employers having 50 or more employees during 20 or more calendar workweeks in the current or preceding year. A covered employer must grant an eligible employee (worked there for at least 12 months and at least 1250 hours of service) up to a total of 12 workweeks of unpaid leave in a 12 month period for one or more of the following reasons: Birth of and care for a newborn child; Adoption or foster care placement of a child; Care for an immediate family member (spouse, child, or parent) with a serious medical condition; Serious health condition of the employer.

Don't Ask, Don't Tell Repeal Act of 2010

Bars discrimination against military personnel based on their sexual orientations.

Pregnancy Discrimination Act of 1978

Broadens the definition of sex discrimination to include pregnancy, childbirth, or related medical conditions; prohibits employers from discriminating against pregnant women in employment benefits if they are capable of performing their job duties.

Adverse Impact (UNINTENTIONAL)

A concept that refers to the rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, non-protected class.

Affirmative Action

A policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific organizations.

Four-Firths Rule

A rule of thumb followed by the EEOC in determining Adverse Impact for use in enforcement proceedings. A selection program has an adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (80%) of the rate of the class with the highest selection rate.

ADEA discrimination

Exclude older workers from important work activities; Make negative changes in performance evaluations of older employees; Deny older employees job-related education, career development, or promotional opportunities; Select younger job applicants over older, better-qualified candidates; Pressure older employers into taking early retirement or terminating them; Reduce job duties and responsibilities of older employees.

Americans with Disabilities Act of 1990

Prohibits discrimination in employment against people with physical or mental disabilities or the chronically ill; enjoins employers to make reasonable accommodation to the employment needs of the disabled; covers employers with fifteen or more employees.

Title VII of Civil Rights Act of 1964

Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; created the Equal Employment Opportunity Commission (EEOC) to enforce the provisions of Title VII.

Age Discrimination in Employment Act of 1967 (ADEA)

Prohibits private and public employers from discrimination against people age 40 or older in any area of employment because of age; exceptions are permitted when age is a bona fide occupational qualification. A BFOQ may exist when an employer can show that advanced age may effect public safety or organizaitonal efficiency.

Uniformed Services Employment and Reemployment Rights Act of 1994

Protects the employment rights of individuals who enter the military for short periods of service

Civil Rights Act of 1991

Provides for compensatory and punitive damages and jury trials in cases involving intentional discrimination; requires employers to demonstrate that job practices are job-related and consistent with business necessity; extends coverage to U.S. citizens working for U.S. companies overseas.

Equal Pay Act of 1963

Requires all employers covered by the Fair Labor Standards Act and others to provide equal pay for equal work, regardless of sex.

Bona Fide Occupational Qualification (BFOQ)

Suitable defense against a discrimination charge only when age, religion, sex, or national origin is an actual qualification for performing the job. This does NOT apply to race or color. When claiming a BFOQ, the business must be able to prove it's a business necessity.

Adverse v. Disparate

Text Definition: Adverse impact- a concept that refers to the rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, nonprotected class. Disparate treatment- a situation in which protected class members receive unequal treatment or are evaluated by different standards. Further clarification... Adverse Impact: Also known as disparate impact, adverse impact claims involve employment practices that are facially neutral in their treatment of different groups but in fact fall more harshly on one group than another. Unlike disparate treatment claims, disparate impact claims do not involve intentional discrimination. Disparate Treatment: Also known as differential treatment, disparate treatment claims are ones in which the plaintiff alleges he or she is the victim of intentional discrimination on the part of the employer. To be considered a victim of intentional discrimination, the complaining employee must show he or she is treated less favorably because of a statutorily protected characteristic such as age, sex, race or other prohibited discriminatory factor under Title VII.

Equal Employment Opportunity Commission (EEOC)

The Federal agency that enforces the nation's fair employment laws. Created from Title VII of Civil Rights Act. the Equal Employment Opportunity Act of 1972 strengthened its enforcement by allowing the agency itself to sue employers in court.

Sexual Harassment

Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment.

Quid Pro Quo Harassment

When submission to or rejection of sexual conduct is used as a basis for employment decisions. Involves tangible or economic consequence, such as demotion or loss of pay. If a manager promotes an employee only after the person agrees to a date.

Hostile Environment

When unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment. If favoritism based upon the granting of sexual favors is wide spread in a workplace, workers who do not welcome the conduct can establish a hostile work environment, regardless of whether any objectionable conduct is directed at them.