Chapter 3: Understanding Equal Opportunity & Legal Environment

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Legal Compliance

-dynamic legal landscape -complexity of laws

Avoid Pitfalls

-provide training -document decisions -be honest -establish complaint resolution process -ask only for info you need to know

Handle Sexual Harassment Investigation

-timeliness -documentation -employee agreement -resolution -finding facts -remedy

Reducing Sexual Harassment Liability

-written policy -train employees -communication -investigate all claims -complaint procedure -remedial action -follow up

The Vocational Rehab

govt. & govt, contractors to have an affirmative action for disable individual

Vietnam Era Vet Readjustment Act

govt. contractors prohibits discrimination against Vietname era veterans

4/5 Rule

hiring rates of protected class, if less than 4/5 the hiring rate of majority group than guilty of discrimination Defense -job relatedness -seniority -qualification -business necessity

Disparate Treatment

intentional discrimination and treated differently by his protected class status

Fair Employment

not affected by illegal discrimination Ex: race, sex, religion, origin, color, age, disability

Civil Rights Act

not based on race, color, origin, sex, religion Protected: African Americans, Latinos, Women, Native Americans, Asian Americans

Utilization Analysis

organization workforce to demographic composition of labor force, establish goals, action plans, reverse discrimination

Bina Fide Occupational Qualification (BFOQ)

present in all employees for a particular job and gives the employer the right to look for a certain qualification even if kit might discriminate

Executive Order 11246

prohibits discrimination by govt. & govt. contractors

American w/ Disabilities Act

protect those w/ disabilities (physical or mental), must provide accommodation for essential job functions INDIVIDUAL MUST BE OTHERWISE QUALIFIED FOR JOB

Age Discrimination in Employment Act

protects over age 40

Legal Environment

right thing, and realize the limitations of the HR Dept., fair humane environment, limit liability and costly lawsuits

Equal Pay Act of 1963

same pay to men and women on the same job, quality or quantity of production, seniority plans exempt & merit pay

Quid Pro Quo

sexual activity ->job benefit (strict liability)

Griggs vs. Duke Power

tests used in hiring practices that disparately impact ethnic minorities must be reasonably related to the job ( blacks were allowed to work only in its Labor department, which constituted the lowest-paying positions in the company.)

Pregnancy Discrimination

treat pregnancy like any other medical condition

Sexual Harassment

unwelcome sexual advances cause an employee on the job

Affirmative Action

urging employers to hire certain groups of people who were discriminated against in the past

Wards Cove Packing Co. v. Antonio

was using discriminatory hiring practices that resulted in a large number of the skilled permanent jobs that mostly did not involve working in a cannery (referred to as "noncannery" positions) to be filled by white workers, and a large number of the unskilled seasonal cannery jobs to be filled by local nonwhite workers.

Reverse Discrimination

Discrimination against a nonprotected-class member resulting from attempts to recruit and hire members of protected classes

Adverse Impact

accidental discrimination, same standard is applied to all, affects protected negatively

Seniority

applied to all

Civil Rights Act(altered)

burden of proof prohibits quotas payments of punitive damages

Immigration Act of 1990

change # of visas given out to increase the # of skilled workers to enter the US

Hostile Work Environment

employees perceives the behavior as offensive and undesirable (reasonable car)

Business necessity

employment practice is necessary for safe & efficient operation of business

Immigration Reform & Control

employment verification (I-9) market for fake IDs


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