Chapter 3 Human Resource Management

job relatedness

exists when a test for employment is a legitimate measure of an individual's ability to do the essential functions of a job

disparate treatment

exists when individuals in similar situations are intentionally treat differently and the different treatment is based on an individual's membership in a protected class.

ricci vs destafano

key case in reverse discrimination

Office of Federal Contract Compliance Programs

Monitors and enforces Executive Order (EO) 11246, the Rehabilitation Act and VEVRAA.

bona fide occupational qualification

Most employers most frequently raise the ____ exception because of sex.

Equal Pay Act of 1963

Pay differences that result from differences in seniority, merit, quantity or quality of production, or any factor other than sex (e.g., shift differentials, training programs), are legally allowable.

bona fide occupational qualification

Permits employer to use religion, age, sex or national origin (never race or color) as a factor in its employment practices when reasonably necessary to normal operation of that business.

religious discrimination

Employers generally need to make reasonable accommodation of employees' religion-based requests to wear certain types of dress or observe religious holidays or days of worship that are not in keeping with the normal workday practices of the organization, unless the requests prevent the employee from carrying out the essential functions of the job, or create an undue hardship

Vietnam Era Veterans Readjustment Assistance Act

Employers with Federal contracts/subcontracts of $100,000 or more must provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war, campaign or expedition.

pregnancy discrimination act

Enacted because in the 1970s, companies started lowering their health insurance costs by excluding pregnancy from their policies.

Vietnam Era Veterans Readjustment Assistance Act

Enacted to protect Vietnam War soldiers who were discriminated against because U.S. public opinion was strongly opposed to the war.

age discrimination in employment act of 1967

Enacted to protect older workers, who tend to have higher salaries, from being fired so employers can replace them with younger workers who make significantly less money.

veteran's benefits improvement act

Extends employers' requirement to maintain health care coverage for up to 2 years for employees serving on active duty, and requires employers to post a notice of benefits, duties, and rights under USERRA/VBIA.

Equal Employment Opportunity Commission

Federal agency enforcing Federal Equal Employment Opportunity (EEO) laws.

affirmative action

Federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, monitored by OFCCP.

CRA of 1964

Federal, state and local governments

Equal Employment Opportunity Commission

Gathers and compiles statistics on complaints.

hostile work environment sexual harassment

Harassment that occurs when someone's behavior at work creates an environment that makes it difficult for someone to work in that environment.

the 4/5 rule

If test results disproportionately rule out a protected group, then not consistent in effect.

Title VII of the civil rights act of 1964

Illegal for employer to discriminate in hiring, discharge (firing), or any other employment-related action based on: Race, Color, Religion, Sex, or National Origin

Uniformed Services Employment and Reemployment Rights Act

Insures civilian reemployment rights of military members called away from their non-military jobs by U.S. government orders.

Equal Employment Opportunity Commission

Investigates and resolves discrimination complaints through conciliation or litigation.

business necessity

exists when a particular practice is necessary for the safe and efficient operation of the business, and there is a specific business purpose for applying a particular standard that may, in fact, be discriminatory

objective

fact based and quantifiable

diversity

fosters creativity and innovation through divergent thinking; so excluding qualified people because they are "different" is counterproductive to business success.

affirmative action plan

is a written document outlining specific goals and timetables for remedying past discriminatory actions.

disparate impact

is generally considered to be unintentional, but intent is irrelevant

equal employment opportunity

is the law. Affirmative Action applies only to specific situations.

discrimination

led to the civil rights movement, resulting in federal laws to promote equal employment opportunity.

illegal discrimination

making distinctions that harm; using a person's membership in "protected class" as basis for employment decision.

Discrimination

making distinctions, or choosing one thing over another; in HR, it is making distinctions among people.

supremacy clause of the US constitution

many state and local laws became invalid after passage of Civil Rights Act and other EEO legislation.

disparate impact

occurs when an officially neutral employment practice disproportionately excludes the members of a protected group

equal employment opportunity

EEO; The right of all people to work and to advance on the basis of merit, ability, and potential.

quid pro quo sexual harassment

"If you do something for me, I will do something for you; or conversely if you refuse to do something for me, I will harm you."

Office of Federal Contract Compliance Programs

EO 11246 and Rehab Act require Federal contractors with certain dollar value in contracts from the federal government to provide equal opportunity and take affirmative action toward protected class individuals.

sexual harassment

"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." - EEOC

discriminatory situations

A primary responsibility of an HR manager is to assist in avoiding any _____ _____ that can create legal, ethical or social problems with employees, former employees, the community or other stakeholders.

CRA of 1964

All educational institutions

employee rights under EEOC

All employees working in U.S. are protected by EEO laws, even if working for a foreign employer. U.S. citizens employed outside U.S. by U.S. employer, or foreign company controlled by U.S. employer, are protected by Title VII, ADEA, and ADA unless it violates law of country where workplace is located. When U.S. citizens are employed by a foreign company outside the U.S., laws of that country apply.

CRA of 1964

All employment agencies

CRA of 1964

Joint labor-management committees for apprenticeships and training

CRA of 1964

Private employers: 15 or more people, employed 20 or more weeks per year

bona fide occupational qualification

a qualification that is absolutely required in order for an individual to be able to successfully do a particular job; the qualification cannot just be a desirable quality within the job applicant, but must be mandatory.

retaliation

a situation where the organization takes an "adverse employment action" against an employee because the employee brought discrimination charges against the company

the 6/5 rule

can be used to determine the possibility of reverse discrimination.

punitive damages

monetary damages awarded by the court that are designed to punish the injuring party when they intentionally inflicted harm on others.

compensatory damages

monetary damages awarded by the court that compensate the person who was injured for their losses

disparate (adverse) impact

neutral practice disproportionately and unintentionally excludes members of protected group.

pattern or practice discrimination

occurs when a person or group engages in a sequence of actions over a significant period of time that is intended to deny the rights provided by Title VII (the 1964 CRA) to a member of a protected class.

diversity

the existence of differences

age discrimination in employment act

what does ADEA stand for?

Equal Employment Opportunity Commission

what does EEOC stand for?

Genetic Information Nondiscrimination Act

what does GINA stand for?

Immigration and Nationality Act

what does INA stand for?

pregnancy discrimination act

what does PDA stand for?

CRA of 1964

Unions with a hiring hall or office, or with 15 or more members

the 4/5 rule

Used by Federal courts, Department of Labor and EEOC to determine whether disparate impact exists in an employment "test".

possible charges of reverse discrimination.

What is the danger of a "voluntary" affirmative action plan?

civil rights act of 1991

Allows compensatory and punitive damages for intentional or reckless discrimination.

immigration and nationality act

Allows employment of immigrant workers in certain specialty occupations such as engineers, teachers, computer programmers, medical doctors, and physical therapists.

immigration and nationality act

Also specifies requirements to apply for such employment and annual limits to number of workers who can apply for work visas in these specialty occupations.

lilly ledbetter fair pay act

Amends Title VII of CRA. Extends period of time an employee is allowed to file a compensation discrimination lawsuit to within 180 days after "any application" of a discriminatory compensation decision.

Employee Rights under EEOC

Arbitration and settlement of complaint. Sue employer directly.

Employee Rights under EEOC

Bring discrimination complaints against employer by filing complaint with EEOC. Participate in EEOC investigation, hearing or proceeding without threat of retaliation.

Employer Prohibitions under EEOC

Cannot create hostile work environment resulting in employee quitting or resigning from company because continued employment becomes intolerable (constructive discharge).

Employer Prohibitions under EEOC

Cannot retaliate against employees who participate in an EEOC action.

civil rights act of 1991

Corrects major omissions of 1964 CRA and overturns several U.S. Court decisions.

consistent effect

ensure result not significantly different for different groups.

affirmative action

Title VII and EEOC do not require any specific type of written affirmative action plan, but court rulings often require affirmative action for discrimination.

civil rights act of 1991

Prohibits "discriminatory use", also called race-norming, of test scores.

age discrimination in employment act

Prohibits discrimination against employees age 40 or older in organizations with 20 or more workers.

americans with disabilities act

Prohibits discrimination based on disability. Applies to employers of 15 or more employees

Immigration Reform and Control Act

Prohibits employers from knowingly hiring undocumented workers and requires employers to verify each employee's eligibility for employment.

genetic information nondiscrimination act

Prohibits use of genetic information in employment and intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

Equal Employment Opportunity Commission

Provides education and outreach programs on what constitutes illegal discrimination.

americans with disabilities act

Requires employers to make "reasonable accommodation" to individuals with disability, if otherwise qualified to perform "essential functions" of the job, unless it imposes an "undue hardship" on employer.

pregnancy discrimination act

Requires employers to treat pregnant women the same as they treat any employee with a medical condition with respect to employment-related purposes.

Immigration Reform and Control Act

Requires that employers only hire individuals who are authorized to work legally in the U.S.

Equal Pay Act of 1963

Requires that women who do the same job as men ("equal skill, effort, and responsibility, and performed under similar working conditions"), in the same organization, receive the same pay.

areas not covered

States may pass laws against discrimination in ___ ____ ____ by federal law, as long as it does not require or permit an act that is unlawful under federal legislation.

lilly ledbetter fair pay act

This includes every time an individual gets paid, as long as discrimination is continuing.

OUCH test

a thumb rule used whenever you are contemplating any employment action, to maintain fairness and equity for all of your employees or applicants; use this when you are contemplating any action that involves your employees.

has job relatedness

action must relate to essential job functions.

affirmative action plans

all U.S. government agencies prepare these

reasonable accommodation

an accommodation made by an employer to allow someone who is disabled but otherwise qualified to do the essential functions of a job to be able to perform that job

adverse employment action

any action such as firing, demotion, schedule reduction, or change that would harm the individual employee

uniform

apply same "tests" in same ways.

disparate (adverse) treatment

employee is intentionally treated differently based on membership in "protected" class.

pattern or practice

employer engages in actions over time that intentionally deny Title VII rights to member of protected class.

essential functions

the fundamental duties of the position

Immigration Reform and Control Act

what does IRCA stand for?

Office of Federal Contract Compliance Programs

what does OFCCP stand for?

objective, uniform, consistent effect, has job relatedness

what does OUCH stand for?

Uniformed Services Employment and Reemployment Rights Act

what does USERRA stand for?

veteran's benefits improvement act

what does VBIA stand for?

americans with disabilities act

what does the ADA stand for?

race, color, religion, sex, national origin

what the title VII of the civil rights act of 1964 says that you can not discriminate against

race norming

when different groups of people have different scores designated as "passing" grades on a test for employment

undue hardship

when the level of difficulty for an organization to provide accommodations, determined by looking at the nature and cost of the accommodation and the overall financial resources of the facility, becomes a significant burden on the organization.