HR Chapter 3
Disability
A physical or mental impairment that substantially limits one or more of the major activities
Ricci vs. DeStafano
Firefighter denied promotion because of race
Chief Diversity Officer (CDO)
A top executives responsible for implementing a firm's diversity efforts
Business Necessity
A work-related practice that is necessary to the safe and efficient operation of an organization
Americans with Disabilities Act Amendments Act
Amendment to the Americans with Disabilities Act - broaden definition of disabilities "a physical or mental impairment that substantially limits one or more of the major activities
Glass Ceiling Act of 1991
Amendment to the Civil Rights Act of 1964 - Creation of the Glass Ceiling Commission to study and report on the status of and obstacles faced by minorities as they strive for top level jobs
Civil Rights Act of 1991
Amendment to the Civil Rights Act of 1964 - Employees who can prove they were intentionally discriminated against can seek compensatory monetary damages - Employees sent abroad for US based company are protected
Equal Employment Opportunity Act of 1972
Amendment to the Civil Rights Act of 1964 - Include state and local governments and public and private education institutions - Strengthen the enforcement powers of the EEOC by allowing the agency itself to sue employers in cout
Veterans Benefits Improvement Act
Amendment.... Employer provide notice of rights, benefits, obligations. Military provide notice of leave.
Older Workers Benefit Protection Act of 1990
Amendments to the Age Discrimination in Employment Act of 1967 - prohibits employers from denying benefits - ask to waive legal rights in exchange for compensation (severance packages)
Reasonable Accommodation
An attempt by employers to adjust, without undue hardship, the working conditions or schedules of employees with disabilities or religious preferences
Glass Ceiling
An invisible barrier that prohibits protected class members from reaching top organizational positions
Disabled Individual
Any person who (1) has a physical or mental impairment that substantially limits one or more of the person's major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment.
Civil Rights Act of 1964
Bars employment discrimination in hiring, training, promotion, transfers, pay, employee benefits, and other conditions of employment. Discrimination on the basis of race, color, religion, sex, or national origin.
Griggs vs. Duke Power Company
Coal handler denied because of no high school diploma. Unintentional and not overt, but still discrim. Not job-related
Civil Rights Act of 1866
Congress; extended to all people the right to enjoy full and equal benefits of all laws, regardless of race
Unemployment Relief Act of 1933
Congress; prohibited employment discrimination on account of race, color, or creed
Lily Ledbetter Fair Pay Act 2009
the 180 day statute of limitations for filing an equal pay lawsuit with EEOC resets with each new discriminatory paycheck an employee receives
Executive Order 8802
1941 Franklin D. Roosevelt; ensure that every American citizen "regardless of race, creed, color, or national origin" would be guaranteed equal employment opportunities for workers employed by firms awarded World War II defense contracts
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, nonproteced class
Charge Form
A discrimination complaint filed with the EEOC by employees or job applicants
Affirmative Action
A policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct any past discriminatory practice by increasing the numbers of minorities and women in specific positions
Uniform Guidelines on Employee Selection Procedures
A procedural document published in the Federal Register to help employers comply with federal regulations against discriminatory actions.
Workforce Utilization Analysis
A process of classifying protected-class members by number and by the type of job they hold within the organization
Four-fifths Rule
A rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings
Disparate Treatment
A situation in which protected class members receive unequal treatment or are evaluated by different standards
Civil Rights Acts of 1964
Excludes: 1. U.S. government - owned corporations 2. Bona fide, tax-exempt private clubs 3. Religious organizations employing people of specific religion 4. Organizations hiring Native American on or near a reservation
Executive Order 11246
Federal agencies and government contractors with contract of $10,000 or more must comply. Prohibits discrimination based on race, color, religion, sex, or national origin in employment activities. Office of Federal Contract Compliance Programs
Genetic Information Nondiscrimination Act of 2008
Genetics
Immigration Reform and Control
Illegal immigration issue I-9 from last 3 years
Equal Pay Act of 1963
Illegal to discriminate against people in terms of the pay, employee benefits, and pension they earn based on their gender when they do equal work. Jobs are considered "equal" when they require substantially the same skill, effort, and responsibility under similar working conditions and in the same establishment. - does not effect if based on seniority, merit pay, or quantity or quality work.
Protected Classes
Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity
Grutter vs. Bollinger
Michigan Law School colleges and universities have compelling education reasons for seeking diverse student body
Sexual Orientation
No federal laws Nearly half of states passed Health benefits to same sex couples Issues at local and state levels
Uniformed Services Employment and Reemployment Rights Act of 1994
People who enter the military for a total of 5 years can return to their private sector job without risk of loss of seniority or benefits, no bias in hiring, reasonable efforts to retrain, continue health plan
Pregnancy Discrimination Act of 1978
Pregnancy is a disability and that pregnant employees in covered organization must be treated on an equal basis with employees having other medical conditions. Hospitalization, temporary disability, salary continuation plans, sick leave.
Americans with Disabilities Act of 1990
Prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill.
Vocation Rehabilitation Act of 1973
Prohibits federal contractors from discriminating against disabled individuals in any program or activity receiving federal financial assistance; requires to develop affirmative action plans to hire and promote disabled.
Age Discrimination in Employment Act of 1967
Prohibits specific employers (20 or more employees, 25 union members, employment agencies, federal/state/local governments) from discriminating against employees and applicant age 40 or older in any employment area.
Two type of Sexual Harassment
Quid pro quo Hostile Environment
Hostile Environment
Sexual Harassment Occur when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment
Quid Pro Quo
Sexual Harassment Submission to or rejection of sexual conduct is used as a basis for employment decisions
Fair Employment Practices (FEPs)
State and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small employers.
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
Reverse Discrimination
The act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination
Equal Employment Opportunity (EEO)
The treatment of individuals in all aspects of employment (hiring, promotion, training, etc.) in a fair and nonbiased manner
Sexual Harassment
Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment.
Attractiveness
Weight (Washington DC, San Francisco, Madison Wisconsin) Physical appearance No federal law
Don't Ask, Don't Tell Repeal Act of 2010
allows gays, lesbians, or bisexual person to serve openly in the U.S. armed forces
Hazelwood School District vs. United States
four-fifths rule standard deviation analysis
Reasons for early efforts failing
no enforcement no specifics voluntary
