C232 Study Guide - Topic 2

How does the EEOC define "race"?

local geographic or global human population—a distinct group—that is evident by genetically transmitted characteristics

What are the various ways implied contracts are created?

not through formal contract negotiation and documentation, but by the actions of the employer and the employee; representations made by employers in employee handbooks can create binding implied employment contracts.

What protected categories are covered under affirmative action?

women, African Americans, Asians, pacific islanders, disabled persons, American Indian/Alaska native, and veterans

How does the EEOC define "color"?

-commonly understood to mean pigmentation, complexion, or skin shade or tone

What are the three exceptions to "employment at-will?"

1. Public-policy exception, 2. Implied-contract exception, 3. Implied covenant-of-good-faith exception

What are the three basic elements of an affirmative action plan?

1. Reasonable self-analysis, 2. Reasonable rationale for taking affirmative action, 3. Reasonable affirmative action

What is an implied contract?

A legally binding agreement created between employer and employee based on their actions and not on a formal contract

List one example of the Public-Policy exception.

A public policy interest could include an employee who refuses to break the law, exercises a legal right, fulfills a statutory duty or engages in whistle-blowing activities

What are the consequences to employees of "employment at-will?"

An employer may terminate an employee at any time - an employee can leave a job at any time, for any reason, without facing adverse legal consequences.

Who must have an affirmative action plan?

Any firms doing business with federal government and if a business has been held liable for discriminating

What is the Civil Rights Act?

Comprehensive civil rights legislation, signed into law by President Lyndon B. Johnson, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.

Define the term and provide an example of "gender identity discrimination."

Discrimination on the basis of someone's being transgender, lesbian, gay, bisexual, agender, nonbinary, or genderfluid

What are the benefits of a diverse workforce?

Diversity fosters innovation and creativity - it can also bring a variety of viewpoints and perspectives to the organization

What is diversity management?

Diversity management is a strategy to help promote recognition and respect for individual differences found within the organization

Define "employment at-will."

Either party may terminate the employment relationship at any time and for any reason, unless the termination violates an employee's statutory or contractual rights.

Define the term diversity.

Has many definitions - generally, diversity refers to the similarities and differences between individuals, accounting for numerous aspects of personality and individual identity

What is the result of diversity management within organizations?

Helps promote recognition and respect for individual differences found within the organization - will help each individual feel included (the extent to which each person feels welcomed, respected, supported and valued)

List one example of the implied contract exception.

If the employer gives oral assurances that the employee will have continued work for satisfactory job performance

What is Title VII the Civil Rights Act?

Makes it unlawful for an employer to refuse to hire an individual based on race, color, religion, sex or national origin. Also makes it illegal to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment based upon those same characteristics. Prohibits employers from limiting, segregating, or classifying employees (or applicants) in any way that would deprive any individual of employment opportunities or adversely affect their status as an employee because of their rase, color, religion, sex or national origin.

What groups are protected under Title VII?

Minorities based on race, color, religion, sex, and national origin

List one example of the religious discrimination.

Not hiring someone based solely on their religious beliefs, even if that person is the best candidate for the position

Describe national origin employment discrimination.

Occurs when an employer makes an adverse employment decision against an individual because the individual or his ancestor: 1. is from a certain country or place, 2. belongs to, or identifies with, a national, cultural or ethnic group, 3. associates with a person from that group

Define the term and provide an example of "gender discrimination."

The unfavorable treatment of someone based on sex or gender. Not hiring a female applicant specifically because she is a woman.

How was the EEOC created?

created by the Civil Rights Act of 1964 (Equal Employment Opportunity Commission)

Define the term inclusion.

describes the extent to which each person in the organization feels welcomed, respected, supported and valued as a team member

What is the purpose of the EEOC?

enforces federal anti-discrimination statutes and provides oversight for all federal equal opportunity employment regulations. Statutes include - Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, Civil Rights Act of 1991, Uniformed Services Employment and Re-Employment Rights Act, Genetic Information Nondiscrimination Act of 2008

What is sexual harassment?

harassment directed at an employee because of his or her gender

Define the Covenant-of-Good-Faith exception.

holds that each party to the employment relationship makes an implied promise to treat the other in good faith and fairness

Define the term and provide an example of "sex discrimination."

involves treating someone unfavorably because of that person's sex. Belittling a female employee because she is a woman

What was the purpose of affirmative action?

to assist historically disadvantaged groups in employment - action by employers to overcome discrimination in their practices

What is the purpose of the Age Discrimination in employment Act (ADEA)?

to protect workers from 40 to 65 - eventually the upper limit was eliminated altogether

Define the term "religious discrimination."

treating a person unfavorably because of his or her religious beliefs