Chapter 3

right-to-work laws

Guarantees that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union. •Section 14(b) of the Taft-Hartley Act affirms states the right to enact Right to Work laws

labor unions

Legally representing workers, organizing employees and negotiating the terms and conditions of union members' employment -The conditions of employment are contained in a contract called a collective bargaining agreement or a collective employment agreement.

Disparate Treatment

The intentional discrimination based on a person's protected characteristic

Affirmative Action

the proactive effort to eliminate discrimination and its effects, and to ensure nondiscriminatory results in employment practices in the future

Facially neutral means that all employees and applicants are treated consistently, regardless of their protected characteristics, such as their sex and race.

true

EEOC (Equal Employment Opportunity Commission)

a federal agency that administers and enforces civil rights laws against workplace discrimination

Bona Fide Occupational Qualification (BFOQ)

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

referral

a recommendation; a letter or notice that carries good words about a person

explicit employment contract

a written or verbal employment contract

Employment-at-will is an employment relationship which ________.

allows either the employee or employer to terminate the employment at any time

implicit employment contract

an understanding that is not part of a written or verbal contract

An affirmative action plan should ________.

be remedial

A(n) ________ only employs people who are already union members.

closed shop

Flow statistics

compare the percentage of applicants hired from different subgroups to determine if they are significantly different from each other

Stock statistics

compare the percentage of men, women, or minorities employed in a job category with their availability in the relevant population of qualified people interested in the position

Concentration statistics

compare the percentages of men, women, or minorities in various job categories to see if men, women, or minorities are concentrated in certain workforce categories

employment at will

either party may terminate the employment relationship at any time and for any reason, unless doing so violates an employee's statutory or contractual rights

Types of employment relationships

employee , independent contractor , contingent workers

Equal employment opportunity

employment practices are designed and used in a "facially neutral" manner

The Uniformed Services Employment and Reemployment Rights Act ________.

ensures that members of the uniformed services can return to their civilian employment after their military service ends

Staffing Quotas

establishes specific requirements that certain percentages of disadvantaged groups be hired to equalize their proportional representation of underrepresented groups in the company's workforce with their proportions in the organization's relevant labor market

It is legal to compare an applicant's scores only to members of his or her own racial subgroup and set separate passing or cutoff scores for each subgroup.

false

Someone who provides their services to a firm as an independent contractor is considered an employee of that firm.

false

WARN Act

federal law requiring that organizations with more than 100 employees give 60 days notice prior to any closing or layoff that will affect at least 50 full time employees

Risk Management

identify, assess, and resolve risks to the organization before they become serious threats through risk assessment and risk control

Negligent retention

is similar to negligent hiring, but it focuses on situations in which a company knowingly retains employees who have a high risk of injuring themselves or others

When Mary hires a candidate because they went to the same university, which of the following has occurred?

like-me bias

Mrs. Peters filed a complaint against her employers for firing her. She admitted to being late to work five days in a month but she claimed that she was fired on the grounds of being a female employee. This is an example of ________.

mixed motive case

Civil Rights Act of 1964 [Title VII]

prohibit discrimination based on race, color, religion, sex, or national origin.

The Age Discrimination in Employment Act of 1967 protects people ________.

40 years of age and older

Adverse impact/80% rule

When an action has a disproportionate effect on a protected group, regardless of the employer's intent -a selection rate for any race, sex, or ethnic group which is less than 4/5 (or 80%) of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact