MGMT 4085 Chapter 3 Key Points

What are Compensatory damages?

"Compensates" the plaintiff...provides "equitable relief" for future loss, emotional pain, suffering

What are Punitive damages?

"Punishes" the defendant...goes beyond actual damages to discourage employers from discrimination again NOTE: Plaintiff must shoe intentional discrimination or malic or reckless indifference to the plaintiff's federally protected rights to get punitive damages

What are the six laws of Congressional legislation?

- Equal Pay Act (1963) - Title VII of the Civil Rights Act of 1964 - Age Discrimination in Employment Act (ADEA) - Americans with Disabilities Act (ADA) - Civil Rights Act of 1991 - Lilly Ledbetter Fair Play Act of 2009

What are some effects on "early retirement incentives"?

- Needs to voluntary and employees must sign an agreement waiving their right to sue - In exchange the company must provide something of value (a percentage of an employee's salary) - Must be presented in a way employees understand - Must provide enough time for employees to decide

What is the Family and Medical Leave Act (Class)?

12 weeks of unpaid leave, granted comparable job on return to work, employees with < one year of service, under 25 hrs./week or among 10 percent highest paid are excluded, applies to organizations with 50 or more employees

What is Quid pro quo?

A benefit or punishment is made contingent on the employee submitting to sexual advances

What is the Age Discrimination in Employment Act (ADEA)?

Act that prohibits discrimination in employment for persons age 40 and over (15 or more employees)

What is the Executive Order 11246?

Affirmative action targets for women and minorities, written AA plan required for federal contractors/subcontractors with contract > $50,000

What are the 3 categories or EEO laws and regulations?

Constitutional amendments (14th), congressional legislation, and executive orders (#11246 - affirmative action)

What should employers do to avoid being sued for harassment?

Develop a policy statement, train employees to identify inappropriate workplace behavior, develop a mechanism for reporting sexual harassment, promptly discipline those who engage in sexual harassment; protect victims

What agency enforces the Executive Order 11246?

Enforced by the Office of Federal Contract Compliance Procedures

What is Disparate impact?

Equal treatment, but unequal consequences. Same standards, but different outcomes

How do you prove Disparate impact?

Four-fifths rule, population comparison, restriction policies

What are the 3 main responsibilities of Equal Employment Opportunity Commission?

Investigate/resolve discrimination complaints; monitor hiring practices/gathers information; issue guidelines

What are the 14th Amendments provisions?

Limits the actions of government, provides "equal protection", requires due process, and has been applied in "reverse discrimination"

What are example of "reasonable accommodations"?

Making facilities accessible, modifying work schedules, acquiring, or modifying equipment, modifying exams or training programs, and provide qualified readers or interpreters

Equal Pay Act (1963)

Men and women paid equally for qual work

What is opposition in a proceeding?

Opposing a perceived illegal employment practice and expressing it to someone through proper channels

Who must file an Employer Information Report (EEO-1) with the EEOC?

Organizations with 100 or more employees

What is participation in a proceeding?

Participating in a proceeding related to an alleged illegal employment practices (testifying in an investigation)

What constitutes a disability?

Physical or mental impairment (e.g., blindness, epilepsy, paralysis, etc.), history of disability (cancer in remission), being regards has having a disability (disfigurement)

How do you prove Disparate treatment?

Plaintiff must show company "intended" to discriminate. Show different standards.

Defense of Disparate impact

Primary defense = business necessity

What is the Americans with Disabilities Act (ADA)?

Prohibits discrimination based on disability, must make "reasonable accommodation", must determine "essential job functions"

What is retaliation in Title VII of the Civil Rights Act of 1964?

Protection for opposition and participation in a proceeding

What is the Civil Rights Act of 1991?

Provides for compensatory and punitive damages in cases of discrimination. Prohibits preferential treatment in favor of minority groups, forbids the use of race or sex norming. It was partly designed to overturn Supreme Court decisions

What are the 5 protected classes of Title VII of the Civil Rights Act of 1964?

Race, color, religion, sex, and national origin

Bona fide occupational qualification (BFOQ)...what is it?

Show a legitimate, non-discriminatory reason for the decision

What is the Lilly Ledbetter Fair Pay Act of 2009?

Specific 3 times when an employee may file a complaint: when the decision or discrimination happened, when the person firm become affect by the decision or discriminatory practice, when the compensation was affected by the decision or practice (i.e., every paycheck)

What is Disparate treatment?

Unequal treatment, different standards for different groups

What is a hostile work environment?

Unwanted touching, suggestive remarks, offensive pictures, or jokes

What are the components of affirmative action plans?

Utilization analysis, goals and timetables, and action steps