Chapter 3 Human Resource Management
job relatedness
exists when a test for employment is a legitimate measure of an individual's ability to do the essential functions of a job
disparate treatment
exists when individuals in similar situations are intentionally treat differently and the different treatment is based on an individual's membership in a protected class.
ricci vs destafano
key case in reverse discrimination
Office of Federal Contract Compliance Programs
Monitors and enforces Executive Order (EO) 11246, the Rehabilitation Act and VEVRAA.
bona fide occupational qualification
Most employers most frequently raise the ____ exception because of sex.
Equal Pay Act of 1963
Pay differences that result from differences in seniority, merit, quantity or quality of production, or any factor other than sex (e.g., shift differentials, training programs), are legally allowable.
bona fide occupational qualification
Permits employer to use religion, age, sex or national origin (never race or color) as a factor in its employment practices when reasonably necessary to normal operation of that business.
religious discrimination
Employers generally need to make reasonable accommodation of employees' religion-based requests to wear certain types of dress or observe religious holidays or days of worship that are not in keeping with the normal workday practices of the organization, unless the requests prevent the employee from carrying out the essential functions of the job, or create an undue hardship
Vietnam Era Veterans Readjustment Assistance Act
Employers with Federal contracts/subcontracts of $100,000 or more must provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war, campaign or expedition.
pregnancy discrimination act
Enacted because in the 1970s, companies started lowering their health insurance costs by excluding pregnancy from their policies.
Vietnam Era Veterans Readjustment Assistance Act
Enacted to protect Vietnam War soldiers who were discriminated against because U.S. public opinion was strongly opposed to the war.
age discrimination in employment act of 1967
Enacted to protect older workers, who tend to have higher salaries, from being fired so employers can replace them with younger workers who make significantly less money.
veteran's benefits improvement act
Extends employers' requirement to maintain health care coverage for up to 2 years for employees serving on active duty, and requires employers to post a notice of benefits, duties, and rights under USERRA/VBIA.
Equal Employment Opportunity Commission
Federal agency enforcing Federal Equal Employment Opportunity (EEO) laws.
affirmative action
Federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, monitored by OFCCP.
CRA of 1964
Federal, state and local governments
Equal Employment Opportunity Commission
Gathers and compiles statistics on complaints.
hostile work environment sexual harassment
Harassment that occurs when someone's behavior at work creates an environment that makes it difficult for someone to work in that environment.
the 4/5 rule
If test results disproportionately rule out a protected group, then not consistent in effect.
Title VII of the civil rights act of 1964
Illegal for employer to discriminate in hiring, discharge (firing), or any other employment-related action based on: Race, Color, Religion, Sex, or National Origin
Uniformed Services Employment and Reemployment Rights Act
Insures civilian reemployment rights of military members called away from their non-military jobs by U.S. government orders.
Equal Employment Opportunity Commission
Investigates and resolves discrimination complaints through conciliation or litigation.
business necessity
exists when a particular practice is necessary for the safe and efficient operation of the business, and there is a specific business purpose for applying a particular standard that may, in fact, be discriminatory
objective
fact based and quantifiable
diversity
fosters creativity and innovation through divergent thinking; so excluding qualified people because they are "different" is counterproductive to business success.
affirmative action plan
is a written document outlining specific goals and timetables for remedying past discriminatory actions.
disparate impact
is generally considered to be unintentional, but intent is irrelevant
equal employment opportunity
is the law. Affirmative Action applies only to specific situations.
discrimination
led to the civil rights movement, resulting in federal laws to promote equal employment opportunity.
illegal discrimination
making distinctions that harm; using a person's membership in "protected class" as basis for employment decision.
Discrimination
making distinctions, or choosing one thing over another; in HR, it is making distinctions among people.
supremacy clause of the US constitution
many state and local laws became invalid after passage of Civil Rights Act and other EEO legislation.
disparate impact
occurs when an officially neutral employment practice disproportionately excludes the members of a protected group
equal employment opportunity
EEO; The right of all people to work and to advance on the basis of merit, ability, and potential.
quid pro quo sexual harassment
"If you do something for me, I will do something for you; or conversely if you refuse to do something for me, I will harm you."
Office of Federal Contract Compliance Programs
EO 11246 and Rehab Act require Federal contractors with certain dollar value in contracts from the federal government to provide equal opportunity and take affirmative action toward protected class individuals.
sexual harassment
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." - EEOC
discriminatory situations
A primary responsibility of an HR manager is to assist in avoiding any _____ _____ that can create legal, ethical or social problems with employees, former employees, the community or other stakeholders.
CRA of 1964
All educational institutions
employee rights under EEOC
All employees working in U.S. are protected by EEO laws, even if working for a foreign employer. U.S. citizens employed outside U.S. by U.S. employer, or foreign company controlled by U.S. employer, are protected by Title VII, ADEA, and ADA unless it violates law of country where workplace is located. When U.S. citizens are employed by a foreign company outside the U.S., laws of that country apply.
CRA of 1964
All employment agencies
CRA of 1964
Joint labor-management committees for apprenticeships and training
CRA of 1964
Private employers: 15 or more people, employed 20 or more weeks per year
bona fide occupational qualification
a qualification that is absolutely required in order for an individual to be able to successfully do a particular job; the qualification cannot just be a desirable quality within the job applicant, but must be mandatory.
retaliation
a situation where the organization takes an "adverse employment action" against an employee because the employee brought discrimination charges against the company
the 6/5 rule
can be used to determine the possibility of reverse discrimination.
punitive damages
monetary damages awarded by the court that are designed to punish the injuring party when they intentionally inflicted harm on others.
compensatory damages
monetary damages awarded by the court that compensate the person who was injured for their losses
disparate (adverse) impact
neutral practice disproportionately and unintentionally excludes members of protected group.
pattern or practice discrimination
occurs when a person or group engages in a sequence of actions over a significant period of time that is intended to deny the rights provided by Title VII (the 1964 CRA) to a member of a protected class.
diversity
the existence of differences
age discrimination in employment act
what does ADEA stand for?
Equal Employment Opportunity Commission
what does EEOC stand for?
Genetic Information Nondiscrimination Act
what does GINA stand for?
Immigration and Nationality Act
what does INA stand for?
pregnancy discrimination act
what does PDA stand for?
CRA of 1964
Unions with a hiring hall or office, or with 15 or more members
the 4/5 rule
Used by Federal courts, Department of Labor and EEOC to determine whether disparate impact exists in an employment "test".
possible charges of reverse discrimination.
What is the danger of a "voluntary" affirmative action plan?
civil rights act of 1991
Allows compensatory and punitive damages for intentional or reckless discrimination.
immigration and nationality act
Allows employment of immigrant workers in certain specialty occupations such as engineers, teachers, computer programmers, medical doctors, and physical therapists.
immigration and nationality act
Also specifies requirements to apply for such employment and annual limits to number of workers who can apply for work visas in these specialty occupations.
lilly ledbetter fair pay act
Amends Title VII of CRA. Extends period of time an employee is allowed to file a compensation discrimination lawsuit to within 180 days after "any application" of a discriminatory compensation decision.
Employee Rights under EEOC
Arbitration and settlement of complaint. Sue employer directly.
Employee Rights under EEOC
Bring discrimination complaints against employer by filing complaint with EEOC. Participate in EEOC investigation, hearing or proceeding without threat of retaliation.
Employer Prohibitions under EEOC
Cannot create hostile work environment resulting in employee quitting or resigning from company because continued employment becomes intolerable (constructive discharge).
Employer Prohibitions under EEOC
Cannot retaliate against employees who participate in an EEOC action.
civil rights act of 1991
Corrects major omissions of 1964 CRA and overturns several U.S. Court decisions.
consistent effect
ensure result not significantly different for different groups.
affirmative action
Title VII and EEOC do not require any specific type of written affirmative action plan, but court rulings often require affirmative action for discrimination.
civil rights act of 1991
Prohibits "discriminatory use", also called race-norming, of test scores.
age discrimination in employment act
Prohibits discrimination against employees age 40 or older in organizations with 20 or more workers.
americans with disabilities act
Prohibits discrimination based on disability. Applies to employers of 15 or more employees
Immigration Reform and Control Act
Prohibits employers from knowingly hiring undocumented workers and requires employers to verify each employee's eligibility for employment.
genetic information nondiscrimination act
Prohibits use of genetic information in employment and intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.
Equal Employment Opportunity Commission
Provides education and outreach programs on what constitutes illegal discrimination.
americans with disabilities act
Requires employers to make "reasonable accommodation" to individuals with disability, if otherwise qualified to perform "essential functions" of the job, unless it imposes an "undue hardship" on employer.
pregnancy discrimination act
Requires employers to treat pregnant women the same as they treat any employee with a medical condition with respect to employment-related purposes.
Immigration Reform and Control Act
Requires that employers only hire individuals who are authorized to work legally in the U.S.
Equal Pay Act of 1963
Requires that women who do the same job as men ("equal skill, effort, and responsibility, and performed under similar working conditions"), in the same organization, receive the same pay.
areas not covered
States may pass laws against discrimination in ___ ____ ____ by federal law, as long as it does not require or permit an act that is unlawful under federal legislation.
lilly ledbetter fair pay act
This includes every time an individual gets paid, as long as discrimination is continuing.
OUCH test
a thumb rule used whenever you are contemplating any employment action, to maintain fairness and equity for all of your employees or applicants; use this when you are contemplating any action that involves your employees.
has job relatedness
action must relate to essential job functions.
affirmative action plans
all U.S. government agencies prepare these
reasonable accommodation
an accommodation made by an employer to allow someone who is disabled but otherwise qualified to do the essential functions of a job to be able to perform that job
adverse employment action
any action such as firing, demotion, schedule reduction, or change that would harm the individual employee
uniform
apply same "tests" in same ways.
disparate (adverse) treatment
employee is intentionally treated differently based on membership in "protected" class.
pattern or practice
employer engages in actions over time that intentionally deny Title VII rights to member of protected class.
essential functions
the fundamental duties of the position
Immigration Reform and Control Act
what does IRCA stand for?
Office of Federal Contract Compliance Programs
what does OFCCP stand for?
objective, uniform, consistent effect, has job relatedness
what does OUCH stand for?
Uniformed Services Employment and Reemployment Rights Act
what does USERRA stand for?
veteran's benefits improvement act
what does VBIA stand for?
americans with disabilities act
what does the ADA stand for?
race, color, religion, sex, national origin
what the title VII of the civil rights act of 1964 says that you can not discriminate against
race norming
when different groups of people have different scores designated as "passing" grades on a test for employment
undue hardship
when the level of difficulty for an organization to provide accommodations, determined by looking at the nature and cost of the accommodation and the overall financial resources of the facility, becomes a significant burden on the organization.
