Human Resource Management Chapter 3
legislative branch
-two houses of Congress-Senators and U.S. Representatives develop these laws in response to perceived societal needs. -Title VII of the Civil Rights Act to ensure that various minority groups received equal opportunities in many areas of life. -HOUSE OF REP-CONGRESS-SENATE
Which of the following actions of employers can result in reverse discrimination?
Affirmative action
Which of the following categories is NOT covered by Title VII of the Civil Rights Act of 1964?
Age discrimination
Equal Employment Opportunity Commission (EEOC), 66
Agency of the Department of Justice charged with enforcing Title VII of the Civil Rights Act of 1964 and other anti discrimination laws. **responsible for enforcing most of the EEO laws, including Title VII, the Equal Pay Act, and the Americans with Disabilities Act. **
material safety data sheets (MSDSs), 87
Forms on which chemical manufacturers and importers identify the hazards of their chemicals.
An employee leaves an organization for three years to fulfill military duties. Which of the following observations is true of the employer's obligation to reemploy the worker under the Uniformed Services Employment and Reemployment Rights Act?
The employer must reemploy the worker with the same seniority and status.
Explain employers' duties under the Occupational Safety and Health Act.
-Request an inspection. -Have a representative present at an inspection. -Have dangerous substances identified. -Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. -Have employer violations posted at the work site.
Summarize the major federal laws requiring equal employment opportunity.
Constitutional Amendments-13th 14th Legislation Civil Rights Acts of 1866 and 1871 Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 Affirmative Action Executive Orders
Identify the federal agencies that enforce equal employment opportunity, and describe the role of each.
Equal Employment Opportunity Commission (EEOC) Office of Federal Contract Compliance Programs
A person fired by a private employer can sue under the Fourteenth amendment on charges of racial discrimination.
False
Which of the following is true about enforcement of the OSH Act?
If an OSHA violation results in citations, the employer must post each citation in a prominent place near the location of the violation.
In which of the following instances is disparate treatment considered legal?
In a certain shopping mall, female workers are exclusively employed to clean the ladies restroom.
Which of the following is true about the Fourteenth Amendment to the U.S. constitution?
It provided equal protection for all citizens and requires due process in state action.
Occupational Safety and Health Administration (OSHA), 84
Labor Department agency responsible for inspecting employers, applying safety and health standards, and levying fines for violation.
technic of operations review (TOR), 89
Method of promoting safety by determining which specific element of a job led to a past accident.
Which of the following recruitment scenarios provide evidence of discrimination according to the four-fifths rule?
Out of 500 applicants (300 black and 200 white), 20 blacks and 20 whites were recruited. -A commonly used test of disparate impact is the four-fifths rule, which finds evidence of discrimination if the hiring rate for a minority group is less than four-fifths the hiring rate for the majority group.
Describe the role of the Occupational Safety and Health Administration.
Right-to-Know Laws Material Safety Data Sheets (MSDSs)
four-fifths rule, 77
Rule of thumb that finds evidence of potential discrimination if an organization's hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. 80% or more of hired.
job hazard analysis technique, 89
Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury.
Civil Rights Act of 1991
-amends Title VII of the Civil Rights Act of 1964, as well as the Civil Rights Act of 1866, the Americans with Disabilities Act, and the Age Discrimination in Employment Act of 1967. -allows judges to award compensatory and punitive damages when the plaintiff proves the discrimination was intentional or reckless.
Utilization analysis
A comparison of the race, sex, and ethnic composition of the employer's workforce with that of the available labor supply. The percentages in the employer's workforce should not be greatly lower than the percentages in the labor supply.
disparate impact, 77
A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. -employee referrals
bona fide occupational qualification (BFOQ), 77
A necessary (not merely preferred) qualification for performing a job. -handing out towels in a locker room
Action steps
A plan for how the organization will meet its goals. Besides working toward its goals for hiring women and minorities, the company must take affirmative steps toward hiring Vietnam veterans and individuals with disabilities.
right-to-know laws, 87
State laws that require employers to provide employees with information about the health risks associated with exposure to substances considered hazardous.
EEO-1 report, 74
The EEOC's Employer Information Report, which counts employees sorted by job category, sex, ethnicity, and race.
Vocational Rehabilitation Act of 1973
enhance employment opportunity for individuals with disabilities. -covers executive agencies and contractors and subcontractors that receive more than $2,500 annually from the federal government. -enforced by The Department of Labor's Employment Standards Administratio
Equal Pay Act of 1963
equal pay for equal work equal-in terms of skill, effort, responsibility, and working conditions. -If the pay differences result from differences in seniority, merit, quantity or quality of production, or any factor other than sex (such as participating in a training program or working the night shift), then the differences are legal.
Opposition
expressing to someone through proper channels that you believe an illegal employment act has taken place or is taking place.
14th Amendment
forbids the states from taking life, liberty, or property without due process of law and prevents the states from denying equal protection of the laws. -covers all -enforced by court system -applies only to the decisions or actions of the government or of private groups whose activities are deemed government actions. -a person could file a claim if he had been fired from a state university (a government organization) but not if the person had been fired by a private employer.
Compensatory damages
future monetary loss, emotional pain, suffering, and loss of enjoyment of life.
Civil Rights Acts of 1871
granted all citizens the right to sue in federal court if they feel they have been deprived of some civil right.
Civil Rights Acts of 1866
granted all persons the same property rights as white citizens, as well as the right to enter into and enforce contracts.
Discuss ways employers promote worker safety and health.
identifying and communicating hazards, reinforcing safe practices, and promoting safety internationally. -Job Hazard analysis -Technic of Operations Review
equitable relief
include back pay, lost benefits, front pay in some cases, and attorney's fees and costs.
Explain how the three branches of government regulate human resource management.
legislative-two houses of Congress-Senators and U.S. Representatives develop these laws in response to perceived societal needs. executive-directives issued solely by the president judicial-U.S. Supreme Court
Below are the ratios for the hiring rates of blacks to the hiring rates of whites. Which provides evidence of adverse impact?
less than 4/5 at or below .80
executive branch
many regulatory agencies that the president oversees, is responsible for enforcing the laws passed by Congress. Equal Employment Opportunity Commission Occupational Safety and Health Administration executive orders PRESIDENT-COMPLIANCE LABOR LAWS/SAFETY-EEOC
Americans with Disabilities Act (ADA) of 1990
protects individuals with disabilities from being discriminated against in the workplace.
Vietnam Era Veteran's Readjustment Act of 1974
requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War (those serving between August 5, 1964, and May 7, 1975). -enforced by The Office of Federal Contract Compliance Procedures
Participation in a proceeding
testifying in an investigation, hearing, or court proceeding regarding an illegal employment act.
quid pro quo
when some kind of benefit or punishment is made contingent on the employee submitting to sexual advances
The EEOC defines sexual harassment of employees as unlawful employment discrimination based on _____.
Title VII of the Civil Rights Act
forbids discrimination based on race, color, religion, sex, or national origin and is enforced by the EEOC.
Title VII of the Civil Rights Act
Organizations that are government contractors or subcontractors must file an Employer Information Report with the EEOC every year.
True
The Civil Rights Act of 1991 was partly designed to overturn Supreme Court decisions.
True
sexual harassment, 81
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment -quid pro quo harassment -
Businesses with federal government contracts for more than $50,000 are required to have a written affirmative action plan on file. Which of the following is a basic component of such a plan?
Utilization analysis
Disparate impact
_____ is a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.
Technic of operations review
_____ is a method of promoting safety by determining which specific element of a job led to a past accident
Punitive damages
a punishment; by requiring violators to pay the plaintiff an amount beyond the actual losses suffered, the courts try to discourage employers from discriminating.
Describe ways employers can avoid illegal discrimination and provide reasonable accommodation.
Disparate Treatment Bona Fide Occupational Qualification (BFOQ) Disparate Impact
Judicial branch
-federal court system, influences employment law by interpreting the law and holding trials concerning violations of the law. The U.S. Supreme Court, at the head of the judicial branch, is the court of final appeal. Decisions made by the Supreme Court are binding; they can be overturned only through laws passed by Congress. The Civil Rights Act of 1991 was partly designed to overturn Supreme Court decisions. -QUASI ENTITY OF FED COURT SYSTEM-SUPREME COURT-US COURT OF APPEALS
Title VII of the Civil Rights Act of 1964
-major law regulating equal employment opportunity in the United States -MLK-ensure that employment opportunities would be based on character or ability rather than on race -Congress wrote and passed Title VII, and President Lyndon Johnson signed it into law in 1964 -enforced by the Equal Employment Opportunity Commission (EEOC) -prohibits employers from discriminating against individuals because of their race, color, religion, sex, or national origin -applies to organizations that employ 15 or more persons working 20 or more weeks a year and that are involved in interstate commerce, as well as state and local governments, employment agencies, and labor organizations.
Age Discrimination in Employment Act (ADEA) (similar to Title VII)
-older workers are not covered by Title VII -prohibits discrimination against workers who are over the age of 40 -outlaws hiring, firing, setting compensation rates, or other employment decisions based on a person's age being over 40 -the employer must offer something of value
Which of the following is the last major component of an OSHA inspection which involves the compliance officer sharing his findings with the employer?
A closing conference
reasonable accommodation, 80
An employer's obligation to do something to enable an otherwise qualified person to perform a job.
affirmative action, 68
An organization's active effort to find opportunities to hire or promote people in a particular group. -Vocational Rehabilitation Act of 1973 -enforced by The Department of Labor's Employment Standards Administration
Which of the following is an example of reverse discrimination?
Discrimination against white men in the U.S.
Under the _____, OSHA is responsible for inspecting employers, applying safety and health standards, and levying fines for violation.
Department of Labor
disparate treatment, 76
Differing treatment of individuals, where the differences are based on the individuals' race, color, religion, sex, national origin, age, or disability status. -hiring or promoting one person over an equally qualified person because of the individual's race -to not hire women with school-age children **Four-Fifths Rule
Uniform Guidelines on Employee Selection Procedures, 75
Guidelines issued by the EEOC and other agencies to identify how an organization should develop and administer its system for selecting employees so as not to violate anti discrimination laws.
closing conference
Held between the compliance officer and the employer. OSHA considers this meeting as "a time for free discussion of problems and needs, a time for frank questions and answers". Discussing possible violations. -
Office of Federal Contract Compliance Programs (OFCCP), 75
The agency responsible for enforcing the executive orders that cover companies doing business with the federal government. -Utilization analysis -Goals and timetables -Action steps
equal employment opportunity (EEO), 64
The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin. -includes constitutional amendments, legislation, and executive orders, as well as court decisions that interpret the laws. U.S. laws, equal employment laws in other countries may differ.
Which of the following is primarily responsible for enforcing the human resource laws passed in the United States?
The executive branch of the government.
Goals and timetables
The percentages of women and minorities the organization seeks to employ in each job group, and the dates by which the percentages are to be attained. FLEXIBLE
Executive Orders
Two executive orders that directly affect human resource management are Executive Order 11246, issued by Lyndon Johnson, and Executive Order 11478, issued by Richard Nixon. Executive Order 11246 prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin.
Occupational Safety and Health Act (OSH Act) 84
U.S. law authorizing the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.
Lucas Johnson, an employee with the U.S. postal services was deployed to Afghanistan, to serve in the U.S. army for two years. After the completion of his military duties, he reassumed work at the post office. He was reemployed at a higher status and provided a higher compensation package. Which of the following legislations was used to help Lucas return to reemployment on such favorable terms?
USERRA
disability, 69
Under the Americans with Disabilities Act, a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment. **NOT COVERED-obesity, substance abuse, irritability, and poor judgment.
_____ is the set of guidelines issued by the EEOC and other agencies to identify how an organization should establish a recruitment process that is free and fair.
Uniform Guidelines on Employee Selection Procedures
13th Amendment
abolished slavery in the United States -covers all -enforced by court system
Pregnancy Discrimination Act of 1978
amendment to Title VII of the Civil Rights Act of 1964 -defines discrimination on the basis of pregnancy, childbirth, or related medical conditions to be a form of illegal sex discrimination.
Reasonable accommodation refers to:
an employer's obligation to do something to enable an otherwise qualified person to perform a job.
Material safety data sheets
are forms that the OSHA has made mandatory to inform employees about the hazards associated with the use of certain chemicals.
executive orders
directives issued solely by the president, without requiring congressional approval. -regulate the activities of organizations that have contracts with the federal government. -Executive Order 11246, which requires all federal contractors and subcontractors to engage in affirmative
The management of Carlson Meyer Consulting believes that married women with children are more likely to remain absent from work when compared to their unmarried or childless counterparts. As such, there is an unwritten policy at Carlson Meyer for preferably hiring married men over married women with children. This is an example of _____.
disparate treatment