Chapter 3 Diversity, Equal Employment Opportunity, and Affirmative Action

A sexual harassment policy should:

Clearly define what will not be tolerated. Describe how to report incidents. Describe how a subsequent investigation will be performed.

What does the acronym FMLA stand for?

Family Medical Leave Act

When the employee believes they will "lose out" on future employment opportunities because the employer focuses on hiring diverse people, this is called______

perception of loss

Employment laws and regulations exist because organizations typically have more_________than employees do.

power

Employment preference given to a member of a protected group is called

preferential treatment

outright bigotry

prejudiced and discriminatory

Affirmative Action

proactive efforts to eliminate discrimination and its past effects

A group underrepresented in employment is referred to as a(n) __________ class.

protected

the goal of affirmative action is to provide employment opportunities to a(n)_______class

protected

Title VII prohibits employers from treating applicants or employees differently because of their membership in a(n)

protected group

Risk Control

risk management planning and monitoring and resolving risks

Chapter 3 Takeaway Points

1.HRM helps to control organizational risks through risk assessment and risk control 2.Diversity fosters creativity and innovation, and it allows a company to hire, retain, and engage the best talent. 3.A bona fide occupational qualification is a characteristic that is essential to the successful performance of a relevant job function. 4.Affirmative action involves proactive efforts to eliminate discrimination and its past effects. 5.Disparate treatment is intentional discrimination based on a protected characteristic. 6.There are four common biases to equal employment opportunity: stereotyping, prejudice, perception of possible personal loss if a member of a previously advantaged group feels that diversity initiatives will hurt their own career prospects, and ignorance.

Under FMLA, a qualified employee is entitled to how many weeks of leave in order to care for the employee's spouse, child, or parent who has a serious health condition?

12 work weeks

Under FMLA, a qualified employee is entitled to how many weeks of leave in order to care for a military service member with a serious injury or illness who is the the spouse, child, or parent of the employee?

26 work weeks

prejudice

A negative attitude toward an entire category of people, often an ethnic or racial minority.

Retaliation

A person who files a complaint or participates in an investigation of an EEO [equal employment opportunity] complaint, or who opposes an employment practice made illegal under any of the statutes enforced by EEOC, is protected from retaliation. Retaliation occurs when an employer, government agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity

Retention

Accept and budget for the risk (e.g., set aside funds to cover equal employment opportunity (EEO) fines, employee severance payments, or lawsuit settlements).

Which Act guarantees equal opportunity for individuals with disabilities or those who are perceived as having disabilities?

Americans with Disabilities Act of 1990

________can include, but is not limited to, provisions for nondiscriminatory recruitment, training, and promotion.

An affirmative action plan

race norming

Comparing an applicant's scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup.

Which act gives workers and their families who lose their health benefits the right to choose to continue group health plan benefits?

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Advancement and Promotion Barriers:

Deficient feedback, performance evaluation, and promotion processes. A lack of universal employee access to informal employee networks. Different performance standards for different classes of employees. Unequal access to work assignments that provide skill development, visibility, and interaction with senior managers.

Avoidance

Eliminate, withdraw from, or do not become involved in the situation leading to the risk (e.g., decide not to acquire a company because of poor cultural fit).

Worker Adjustment and Retraining Notification Act (WARN) of 1988

Employers with at least 100 employees must give at least 60 days' notice to workers of plant closings or mass layoffs of 50 or more people (excluding part-time workers).

Immigration Reform and Control Act of 1986

Employers with at least four employees must verify the employment eligibility of everyone hired; only U.S. citizens, nationals of the United States, and aliens authorized to work in the United States are eligible for employment.

Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986

Employers with group health plans and 20 or more employees in the prior year must offer continued health and dental insurance coverage to terminated employees for limited periods of time.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

Ensures that members of the uniformed services are entitled to return to their civilian employment after their service.

Which of the following Acts prohibits wage discrimination on the basis of sex?

Equal Pay Act of 1963

Fair Labor Standards Act (FLSA) of 1938

Establishes both a national minimum wage and overtime rules.

Recruiting Barriers:

Failing to advertise widely in order to attract diverse applicants. Recruiting practices that overlook or fail to seek all qualified individuals. Over-relying on informal networks for recruitment (such as employee referrals). Having no formal recruiting systems.

The _______establishes both minimum wage and overtime rules

Fair Labor Standards Act of 1938

The seminal adverse impact case is the Supreme Court's 1917 decision in_________

Griggs v. Duke Power Co.

Which act requires employers to use an I-9 verification form to verify the employment status of every new employee within three days of hiring?

Immigration Reform and Control Act of 1986

Reduction

Mitigate or reduce the risk (e.g., conduct contingency and succession planning and employee development activities to improve the depth of the company's leadership pipeline or train all hiring managers and recruiters in common hiring biases, relevant employment laws, and the organization's interview process).

The ___________prohibits retaliation against employees seeking to unionize.

National Labor Relations Act of 1935

Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) (Amended in 2002 by the Jobs for Veterans Act)

Prohibits discrimination against and requires affirmative action for disabled veterans as well as other categories of veterans.

Rehabilitation Act of 1973

Prohibits discrimination against qualified individuals with a disability.

Pregnancy Discrimination Act of 1978

Prohibits discrimination for all employment-related purposes on the basis of pregnancy, childbirth, or related medical conditions.

Genetic Information Nondiscrimination Act of 2008

Prohibits employers from discriminating against individuals based on the results of genetic testing when making hiring, firing, job placement, or promotion decisions.

Title VII of the Civil Rights Act of 1964

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

National Labor Relations Act of 1935

Prohibits retaliation against employees seeking to unionize.

Equal Pay Act of 1963

Prohibits wage discrimination on the basis of sex.

Age Discrimination in Employment Act (ADEA) of 1967

Protects people 40 years of age or older.

Americans with Disabilities Act of 1990 (Amended in 2008)

Requires leave and job-return for personal or family medical reasons and for the care of newborn or newly adopted children.

Risk management consists of two primary types of activities:

Risk assessment and risk control

Human Biases that Create Obstacles to Equal Employment Opportunity

Stereotypes: Believing that everyone in a particular group shares certain characteristics or abilities or will behave in the same way. Prejudice: Outright bigotry. Perception of possible personal loss: Believing one will "lose out" on future employment opportunities by hiring more diverse people. Ignorance: Being unaware of all requirements of employment law.

__________is often inaccurate and harmful, and can lead to a variety of employment law violations.

Sterotyping

_______often occurs in rejecting an applicant as "overqualified"

Sterotyping

An employer who demoted or fired an employee due to the employee's service is in violation on

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

Which of the following acts requires employers with at least 100 employees to give at least 60 days' notice to workers of plant closings?

The Worker Adjustment and Retraining Notification Act (WARN) of 1988

Which act prohibits employment discrimination based on race, color, religion, sex, or national origin?

Title VII of the Civil Rights Act of 1964

Sharing

Transfer the risk by outsourcing or insuring against it (e.g., decide to outsource employee background checks to a qualified vendor).

Barriers in the Terms and Conditions of Employment:

Unequal pay. Counterproductive behavior and harassment in the workplace. Employer policies that are not family friendly. Inflexible working hours and working conditions. Failure to provide reasonable accommodation to qualified individuals with disabilities.

quid pro quo harassment

Unwanted verbal or physical conduct of a sexual nature made as a term or condition of employment or as a basis for employment and/or advancement decisions.

hostile environment harassment

Unwanted verbal or physical conduct of a sexual nature that creates a hostile, intimidating, or otherwise offensive working environment.

Termination and Downsizing Barriers:

Using unfair standards in making downsizing decisions. Giving different types of benefits to different employees. Inadequate layoff planning. Failing to provide counseling, job placement assistance, and training to laid-off employees.

stereotype

a belief that everyone in a group shares certain characteristics or will behave in the same way.

bona fide occupational qualification (BFOQ) under Title VII

a characteristic that is essential to the successful performance of a relevant job function, and the essence of the business operation would be undermined by including or excluding members with a protected characteristic.example, corrections facilities with gender segregated wards usually require at least one staff member of the same gender as the inmates to always be on duty.

workplace tort

a civil wrong in which an employer violates a duty owed to its customers or employees, this is handled at state level. An example of a tort is when an employee agrees to let a company use her photo in an employee newsletter, but the employer later uses it in a public advertisement without her permission

Intentional discrimination is established when

a complaining party demonstrates that race, color, religion, sex or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice

Believing that everyone in a particular group shares certain characteristics or abilities, or that they will behave in the same way, is______

a sterotype

An employment practice that has a disproportionate effect on a protected group, regardless of its intent, is referred to as_________

adverse impact

A proactive effort to eliminate discrimination and its past effects is referred to as

affirmative action

Employers adhere to______________as a remedy for past discrimination

affirmative action plans

Employers adhere to_______because they re federal contractors and are required by law.

affirmative action plans

Section 409 (Sarbanes-Oxley Act of 2002)

an act passed by U.S. Congress in 2002 to improve corporate financial disclosures and protect investors from fraudulent corporate accounting, requires real-time public disclosure of financial or operational changes that might have a material impact on a company's bottom line.This includes the departure of top executives, government fines or penalties, employee turnover, employment lawsuits, revision of benefits programs, and new labor contracts.

Reasonable accommodation

an employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship.Section 503 of the Rehabilitation Act regulations established a nationwide 7 percent goal for federal contractors to employ qualified individuals with disabilities

________ can become victims of sexual harrassment

anyone

Common Law

body of case-by-case court decisions that determines what is legal and what remedies are appropriate. Individual states develop their own common law in response to federal and state legislation and the specific cases brought before state courts

Affirmative Action Plan

describes in detail the actions to be taken, procedures to be followed and standards to be met when establishing an affirmative action program. Affirmative action plans can include but are not limited to, provisions for nondiscriminatory recruitment, training, and promotion.

Intentional discrimination based on a person's protected characteristics is called

disparate treatment

Organizations that focus on inclusion and are cognizant of the dimensions of gender, nationality, sexual orientation, and disability -while remaining sensitive to cultural variations- are practicing__________awareness.

diversity

potential areas of risk management for HRM include

employee turnover, low morale, potential litigation from misunderstandings arising between staff and management, and negative publicity resulting from these or other employee issues

The _______ is always responsible for harassment y a supervisor that culminated in a tangible employment action.

employer

Equal employment opportunity (EEO)

employment practices must be designed and used in a manner that treats employees and applicants consistently regardless of their protected characteristics

preferential treatment

employment preference given to a member of a protected group

Avoiding unfair discrimination helps companies better execute their strategies and reach their goals by:

enhancing the quality of an organization's talent pool; promoting the perception of fairness and trust among employees and job candidates, which increases motivation and engagement; reducing the negative public relations that can result when employees feel they are being discriminated against and tell others about their experience; reinforcing a company's ethical culture and commitment to inclusion and diversity; reducing turnover by improving employee motivation and perceptions of fairness; and promoting diversity, which can enhance a company's ability to appeal to a broader customer base.

All recruitment communications should include

equal opportunity/affirmative action statement or phrases or acronyms such as EOE/AA (Equal Opportunity Employer/Affirmative Action), Equal Opportunity Employer, or An Equal Opportunity/Affirmative Action Institution

Inclusion

everyone feels respected and listened to, and everyone contributes to their fullest potential

Employment decisions that are objective, merit-based, and use job-related characteristics to determine employment are considered________discrimination.

fair

Protected classes under Title VII

groups underrepresented in employment—particularly blacks, Native Americans, Asian Americans, Hispanic Americans, and women.

U.S. employment laws cover issues including

hiring, termination, safety and health, medical issues, sexual harassment, and union relations

Just being sufficiently bothered by the________environment created by behavior including whistling, lewd jokes, foul language, pictures, or emails, can fuel a successful lawsuit.

hostile

Unwanted verbal or physical conduct of a sexual nature that creates a hostile, intimidating, or otherwise offensive working atmosphere is called______harassment

hostile environment

Risk Management

identify, assess, and resolve risks before they become serious threats to the organization

Risk assessment

identifying, analyzing, and prioritizing risks.Risk identification checklists, employee surveys, exit interviews, and contingency planning are some of the tools used to identify risks

Being unaware of all the requirements of employment law is called

ignorance

Retaliation for harassment complaints is_________

illegal

Independent Contractor

individual or business that provides services to another individual or business that controls or directs only the result of the work

Diversity fosters creativity and

innovation

Disparate treatment

intentional discrimination based on a protected characteristic. Disparate treatment occurs if an employment decision would change if the applicant's race, religion, national origin, color, sex, disability, or age were different.

Negligent hiring

is a tort claim based on the common law concept that an employer has a general obligation not to hire an applicant it knows or should have known could harm a third party

If an organization never provided a sexual harassment policy and training to employees, it can be held_____if it didn't know the harassment was occuring

liable

fraudulent recruitment (or truth in hiring)

misrepresenting the job or organization to a recruit

If a manager's favorite sports team loses and he goes to work the next day and fired anyone wearing the opposing team's colors, the manager has

not broken the law, as the fired employees are not in a protected group

adverse impact (also called disparate impact)

occurs when an employment practice has a disproportionate effect on a protected group, regardless of its intent

Some of the top risks in HRM are:

succession planning and the company's leadership pipeline; compliance and regulation violations; ethics and corporate culture; a shortage of necessary skills in the company's workforce; a shortage of necessary skills in the labor market; a gap between current employee capabilities and the capabilities needed to execute the business strategy; and mergers and acquisitions risks.

When an employee complains about harassment to an employer, the employer should_______

take immediate action

To win a case involving an allegation of fraudulent recruitment and hiring, the plaintiff must prove five things:

that the employer made a false representation of a material fact; that the employer knew or believed the representation was false or that there was an insufficient basis for asserting that it was true; that the employer intended the employee to rely on the representation; that the employee justifiably relied on the representation; and that the employee suffered damages as a result of doing so, such as costs related to relocating, resigning from the firm, or rejecting other offers.

For a customer, employee, or other third party to win a negligent hiring suit, the following must generally be shown:

the existence of an employment relationship between the company and the worker; the employee's unfitness; the company's actual or constructive knowledge of the employee's unfitness (failing to investigate an employee's background can lead to a finding of constructive knowledge); the employee's act or omission caused the third party's injuries; and that the company's negligence in hiring the employee was the most likely cause of the plaintiff's injuries.

ignorance

the lack of knowledge or education

Discriminating against people with legally protected characteristics, including pregnancy, religion, or age is considered an

unlawful employment practice

sexual harassment

unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature.

unlawful employment practices

violations of federal, state, or local employment laws

Unfair Discrimination

when employment decisions and actions are not job related, objective or merit-based

Fair discrimination

when only objective, merit based and job related characteristics are used to determine employment related decisions