Chapter 3 EEO & a Safe Workplace

Affirmative-action efforts include which of the following?

-Advertising in minority-oriented publications -Recruiting minorities on college campuses -Providing educational opportunities to minorities

The 3 Branches of Government are

-Executive branch, including the many regulatory agencies that the president oversees, is responsible for enforcing the laws passed by Congress. -Judicial branch (fed. court system) influences employment law by interpreting the law & holding trials concerning violations of the law. -Legislative branch, which consists of the two houses of Congress, has enacted a number of laws governing human resource activities.

Which two statements are true of affirmative action in the United States?

-It remains controversial. -It is the least popular when it uses quotas.

Which Acts were amended as a result of the Civil Rights Act of 1991? (Select all that apply.)

-The Age Discrimination in Employment Act -The Americans with Disabilities Act -Title VII of the Civil Rights Act of 1964

What are two responsibilities employees have when it comes to the Occupational Safety and Health Act?

-They have a duty to report hazardous conditions in the workplace. -They must follow OSHA's safety rules and regulations that govern employee behavior

Under the Occupational Safety and Health Act, employees have the right to which of the following?

-be informed about exposure to hazards -have dangerous substances identified

What are the three key components of most safety awareness programs?

-identifying and communicating hazards -reinforcing safe practices -promoting safety internationally

What differences among countries often make it more difficult for a company to promote safety in its international operations?

-legal systems -cultural variances -political climate

What are two areas where reasonable accommodation most often comes into play in many businesses?

-religious practices -individuals with disabilities

What are the major components of an OSHA inspection? (There are 3 major components)

-reviewing a company's records of deaths, injuries, and illnesses -a "walkaround" tour of the employer's premises -interviewing employees

Sexual Harassment (Meets at least one guideline)

1.) Submitting to the sexual conduct is explicitly or implicitly a term or condition of employment-that is, necessary for getting or keeping a job. 2.) Whether the person submits to or rejects the conduct becomes a basis for employment decisions, such as a raise or a desirable assignment. 3.) The unwanted sexual conduct unreasonably interferes with an employee's work performance or creates a work environment that is intimidating, hostile, or offensive.

The Age Discrimination in Employment Act prohibits discrimination against workers who are over the age of _____.

40

What is the term used to describe a necessary but not merely preferred qualification for performing a job?

A bona fide occupational qualification

Disparate Impact

A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

Bona Fide Occupational Qualification (BFOQ)

A necessary (not merely preferred) qualification for performing a job.

Thirdteenth Amendment

Abolished slavery in the US.Vocational

Equal Employment Opportunity Commission (EEOC)

Agency of the Department of Justice charged with enforcing Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws.

Which branch of the federal government plays an important role in creating a legal environment for human resource management?

All three branches -Executive -Judicial -Legislative

What legislation prohibits discrimination based on disability?

Americans with Disabilities Act

Reasonable Accommodation

An employer's obligation to do something to enable an otherwise qualified person to perform a job.

Affirmative Action

An organization's active effort to find opportunities to hire or promote people in a particular group.

Which federal legislation furthers the Thirteenth Amendment's goal of abolishing slavery?

Civil Rights Acts of 1866 and 1871

Disparate Treatment (Is Discrimination)

Differing treatment of individuals, where the differences are based on the individuals' race, color, religion, sex, national origin, age, or disability status.

Why do many employees fail to report safety concerns at work?

Employees believe that companies often ignore reports about unsafe conditions.

T or F: Only management has the right to request an OSHA inspection of the workplace.

False

T or F: The ADA definition of disability does NOT include individuals who have a history of a disability, such as someone who has had cancer but is currently in remission.

False

Fourteenth Amendment

Forbids that states from take life, liberty, or property w/o due process of law & prevents the states from denying equal protection of the laws.

Uniform Guidelines on Employee Selection Procedures

Guidelines issued by the EEOC & other agencies to identify how an organization should develop & administer its system for selecting employees so as not to violate anit-discrimination laws.

Equal Pay Act of 1963

If men & women in an organization are doing equal work, the employer must pay them equally. The act defines in terms of skill, effort, responsibility, & working conditions. The act also allows for pay differences performing the same job if from differences in seniority, merit, quantity or quality of production, or shift factor other than sex.

What does the Fourteenth Amendment to the U.S. Constitution address?

It ensures due process of law.

Occupational Safety and Health Administration (OSHA)

Labor Department agency responsible for inspecting employers, applying safety & health standards, & lev fines for violation.

What condition is not covered by the Americans with Disabilities Act?

Obesity

The ______ Act has raised the level of awareness of occupational safety.

Occupational Safety and Health

Which agency is responsible for enforcing executive orders that cover companies doing business with the federal government?

Office of Federal Contract Compliance Programs (OFCCP)

The __ Discrimination Act of 1978 prohibits discrimination on the basis of pregnancy and childbirth.

Pregnancy

Sexual Harassment

Refers to work-place conduct of a sexual nature, including sexual advances, requests for sexual favors, & other conduct of a sexual haute, whether verbal, (such as jokes) or physical (such as grabbing). The EEOC defines the conduct as harassment when it is unwelcome.

Four-Fifths Rule

Rule of thumb that provides (or shows) evidence of potential discrimination if an organization's hiring rate for a minority group is less than four-fifths the hiring rate for the majority group.

Job Hazard Analysis Technique

Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury.

_____ refers to workplace conduct of a sexual nature, including sexual advances, requests for sexual favors, and other contact of a sexual nature, whether verbal or physical.

Sexual harassment

Which law granted all citizens the right to enter into and enforce contracts, including employment contracts?

The Civil Rights Act of 1866

EEO-1 Report

The EEOC's Employer Information Report, which details the number of women & minorities employed in nine different job catagories.

What is the most comprehensive U.S. law regarding worker safety?

The Occupational Safety and Health Act

Office of Federal Contract Compliance Programs (OFCCP)

The agency responsible for enforcing the executive orders that cover companies doing business with the federal government.

Equal Employment Opportunity (EEO)

The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin

Title VII of the Civil Rights Act of 1964

The major law regulating EEO in the US prohibits employers from discriminating against individuals b/c of their race, color, religion, sex, or national origin.

Vocational Rehabilitation Act of 1973

To enhance employment opportunity for individuals w/disabilities. The act covers executive agencies, contractors, and subcontractors that receive more than $2,500 annually form the federal government. These organizations must engage in affirmative action for individuals w/disabilities.

T or F: According to the Bureau of Labor Statistics, since 1990 the rate of injuries and illnesses in the workplace has shown a steady downward trend.

True

T or F: Organizations can gain competitive advantage over other organizations by ensuring diversity in the recruitment processes.

True

T or F: Under the Equal Pay Act of 1963, if men and women are paid differently as a result from differences in seniority, merit, quantity or quality of production, or any factor other than sex then the pay differences are legal.

True

Occupational Safety and Health Act

U.S. law authorizing the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.

Disability

Under the Americans with Disabilities Act, a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment.

The ______ states that executive agencies and contractors and subcontractors that receive more than $2500 annually from the federal government must engage in affirmative action for individuals with disabilities?

Vocational Rehabilitation Act of 1973

Which scenario describes a bona fide occupational qualification?

a female employee handing out towels in a women's locker room

The purpose of __ __ is to increase the representation of minorities within an organization.

affirmative action

The term that describes an organization's active effort to find opportunities to hire or promote people in a particular group is known as _____.

affirmative action

As a result of the Civil Rights Act, those who discriminate based on race, age, and other factors can be ______.

charged compensatory and punitive damages

The major law regulating equal employment opportunity in the United States resulted directly from the _____.

civil rights movement

OSHA inspections are performed by government agents known as ______.

compliance officers

When a U.S.-based employer implemented a new standardized safety policy, its Argentinian affiliate balked because it felt that safety should be controlled by the employees doing the work. What obstacle is the U.S. affiliate encountering?

culture

A physical or mental impairment that substantially limits one or more major life activities is known as a _____.

disability

One potential sign of _____ is disparate treatment, differing treatment of individuals where the differences are based on the individual's race, color, religion, sex, or other factors.

discrimination

A condition in which employment practices seem neutral but disproportionately exclude a protected group from employment opportunities is called _____.

disparate impact

A company hires men who have school-age children but fails to hire women with school-age children claiming the women will be absent frequently because their children could be sick and out of school. This scenario demonstrates the concept of _____.

disparate treatment

Effectively managing diversity means _______.

ensuring that diverse employees have equal opportunities

The condition in which all individuals have an equal chance for employment regardless of race, color, religion, sex, age, disability, or national origin is called _____.

equal employment opportunity

Presidential Executive Order 11246 prohibits discrimination on the part of _____.

federal contractors and subcontractors w/contracts over greater than $10,000.

Under Executive Order 11478, the federal government is required to base all its employment policies on merit and _____.

fitness

An OSHA inspection has ____ major components.

four

What is the commonly used rule that provides evidence of potential discrimination based on a company's hiring rate for a majority group?

four-fifths rule

The ______ clause of the Occupational Safety and Health Act states that each employer has an obligation to furnish each employee a place of employment that is free from recognized hazards that are likely to cause death or serious physical harm.

general duty

As it pertains to employment opportunity, the EEO strives to ______.

give individuals an equal chance for employment

Harrison's manager asked if he knew anyone looking for work because the company needed to hire six new sales people. Harrison referred several of his friends. Nisha, who works with Harrison, is frustrated by this because all of his friends are white, wealthy and well-educated and don't represent some of the underserved groups of her company. This scenario demonstrates a disparate __.

impact

What does the Thirteenth Amendment to the U.S. Constitution address?

it abolished slavery

Name a method of promoting safety by determining which specific element of a job led to a past accident.

job hazard analysis technique

What is the process of breaking down each job into basic elements and rating each element for its potential for harm or injury?

job hazard analysis technique

Which category of employees is NOT covered by Title VII of the Civil Rights Act of 1964?

older workers

Under Title VII, discrimination in employment is prohibited on the basis of ______. (Select all that apply)

race, color, religion, sex and national origin

What is the term for an employer's obligation to do something to enable an otherwise qualified person to perform a job?

reasonable accommodation

The federal government's executive branch includes _____, which can affect human resource management.

regulatory agencies overseen by the president

To ensure safe workplace behaviors, employers should not only define how to work safely but also _____.

reinforce the desired employee behavior

Which type of charge is the most frequently filed complaint with the Equal Employment Opportunity Commission (EEOC)?

retaliation

What accusation can be lodged against a company that favors minority or female job applicants over white and/or male applicants?

reverse discrimination

The OSH Act of 1970 establishes standards for worker _____.

safety

Going beyond compliance with OSHA, ______ seek to make symbolic and substantive changes to an organization's safety efforts.

safety awareness programs

Belinda's boss Max has told her several times that she would be promoted to manager if she slept with him. This situation is an example of _____.

sexual harassment

The Vocational Rehabilitation Act was the precursor to affirmative action and focused on providing enhanced employment opportunities for _____.

the disabled

The Office of Federal Contract Compliance Programs is responsible for enforcing orders that cover companies doing business with _____.

the federal government

A commonly used test in a disparate impact case is the four-fifths rule which bases potential discrimination of a minority group relative to ______.

the majority group

What is the purpose of affirmative action programs?

to find opportunities to hire or promote people in a particular group

Within how many days does an individual have to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC)?

within 180 days of the incident