HR MGT 367 Ch 2
stereotyping
Ascribing specific behavioral traits to individuals based on their apparent membership in a group.
reverse discrimination
Claim that due to affirmative action quota systems, white males are dis-criminated against.
4/5ths rule
Federal agency rule that a minority selection rate less than 80% (4/5ths) of that for the group with the highest rate is evidence of adverse impact.
alternative dispute resolution or ADR program
Grievance procedure that provides for binding arbitration as the last step.
Uniform Guidelines
Guidelines issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail.
sexual harassment
Harassment on the basis of sex that has the purpose or effect of sub-stantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment.
Age Discrimination in Employment Act of 1967 (ADEA)
The act prohibiting arbitrary age discrimination and specifically protecting individuals over 40 years old.
Vocational Rehabilitation Act of 1973
The act requiring certain federal contractors to take affirmative action for disabled persons.
Americans with Disabilities Act (ADA)
The act requiring employers to make reasonable accommodations for disabled employees; it prohibits dis-crimination against disabled persons.
Equal Pay Act of 1963
The act requiring equal pay for equal work, regardless of sex.
Civil Rights Act of 1991 (CRA 1991)
The act that places the burden of proof back on employers and permits compensatory and punitive damages.
Federal Violence Against Women Act of 1994
The act that provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured.
Equal Employment Opportunity Commission (EEOC)
The commission, created by Title VII, empowered to investigate job discrimination complaints and sue on behalf of complainants
adverse impact
The overall impact of employer practices that result in significantly higher percentages of members of minorities and other protected groups being rejected for employment, placement, or promotion.
Chief Justice Burger's three crucial guidelines affecting equal employment legislation
The plaintiff just has to show that discrimination took place. An employment practice must be job related if it has an unequal impact on members of a protected class. The burden of proof on the employer to show that the hiring practice is job related.
utilization analysis.
The process of comparing the percentage of minority employees in a job (or jobs) at the company with the number of similarly trained minority employees available in the relevant labor market
Title VII of the 1964 Civil Rights Act
The section of the act that says an employer cannot discriminate on the basis of race, color, religion, sex, or national origin with respect to employment.
gender-role stereotypes
The tendency to associate women with certain (frequently nonmanagerial) jobs. On the other hand, diversity can be an engine of performance, as the following feature shows.
ethnocentrism
The tendency to view members of other social groups less favorably than members of one's own group.
diversity
The variety or multiplicity of demo-graphic features that characterize a company's workforce, particularly in terms of race, sex, culture, national origin, handicap, age, and religion.
Office of Federal Contract Compliance Programs (OFCCP)
This office is responsible for implementing the executive orders and ensuring compliance of federal contractors.
managing diversity
Maximizing diversity's potential ben-efits while minimizing its potential barriers.
protected class
Persons such as minorities and women protected by equal opportu-nity laws, including Title VII.
bona fide occupational qualification (BFOQ)
Requirement that an employee be of a certain religion, sex, or national origin where that is reasonably nec-essary to the organization's normal operation. Specified by the 1964 Civil Rights Act
standard deviation equation
SD = the square root of: ( (# of minority app) / (# of total app)) times ((# of nonminority app) / (# of total app)) times number of applications selected
affirmative action
Steps that are taken for the purpose of eliminating the present effects of past discrimination
discrimination
Taking specific actions toward or against a person based on the person's group.
money damages
(1) compensatory damages, and (2) punitive damages, if he or she can show the employer engaged in discrimination "with malice or reckless indifference to the federally protected rights of an aggrieved individual."
affirmative action programs are
(1) to use numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market, and (2) to eliminate the barriers to equal employment.
For employers, Griggs V Duke established these five principles
1. A test or other selection practice must be job related, and the burden of proof is on the employer. 2. An employer's intent not to discriminate is irrelevant. 3. If a practice is "fair in form but discriminatory in operation," the courts will not uphold it. 4. Business necessity is the defense for any existing program that has adverse impact. The court did not define business necessity. 5. Title VII does not forbid testing. However, the test must be job related (valid), in that performance on the test must relate to performance on the job.
McDonnell Douglas test
1. That the person belongs to a protected class; 2. That he or she applied and was qualified for a job for which the employer was seeking applicants; 3. That, despite this qualification, he or she was rejected; and 4. That, after his or her rejection, the position remained open and the employer continued seeking applications from persons with the complainant's qualifications.
"mixed-motive" case
A discrimination allegation case in which the employer argues that the employment action taken was moti-vated not by discrimination, but by some nondiscriminatory reason such as ineffective performance
good-faith effort strategy
An affirmative action strategy that emphasizes identifying and eliminat-ing the obstacles to hiring and pro-moting women and minorities, and increasing the minority or female applicant flow.
restricted policy
Another test for adverse impact, involving demonstration that an employer's hiring practices exclude a protected group, whether intention-ally or not
avoiding employee resistance
Transparent selection procedures, Communication, Justifications
qualified individuals
Under ADA, those who can carry out the essential functions of the job.
tokenism
When a company appoints a small group of women or minorities to high-profile positions, rather than more aggressively seeking full representation for that group.
The standard deviation
a statistical measure of variability. It is a measure of the dispersion of a set of data from its mean
validate any employment selection devices
avoids screening out disproportionate numbers of women or minorities, and they explain how to do so.
State and local equal employment opportunity agencies
called Human Resources Commissions or Fair Employment Commissions
population comparison
compares (1) the percentage of minority/ protected group and white workers in the organization with, (2) the percentage of the corresponding group in the labor market.
disparate rejection rates A test for adverse impact in which it can be demonstrated that there is a discrepancy between rates of rejection of members of a protected group and of others.
disparate rejection rates A test for adverse impact in which it can be demonstrated that there is a discrepancy between rates of rejection of members of a protected group and of others.
intentional discrimination which lawyers call..
disparate treatment
Uniformed Services Employment and Reemployment Rights Act (1994)
employers are generally required, among other things, to reinstate employees returning from military leave to positions comparable to those they had before leaving.
EEOC enforcement process
file charge, charge acceptance, serve notice, investigate, cause/no cause, conciliation, notice to sue
when is an environment hostile
frequent or severe; whether it is physically threatening or humiliating and whether it unreasonably interferes with an employee's work performance. Courts also consider whether the employee subjectively perceives the work environment as being abusive.
CRA 1991 permits victims of intentional discrimination, including sexual harassment, to...
have jury trials and to collect compensatory damages for pain and suffering and punitive damages, where the employer acted with "malice or reckless indifference" to the person's rights.
The Age Discrimination in Employment Act (ADEA)
permits dispa-rate treatment in those instances when age is a BFOQ.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
prohibits discrimination by health insurers and employers based on people's genetic information
Pregnancy Discrimination Act An amendment to Title VII of the Civil Rights Act
prohibits sex discrimination based on "pregnancy, childbirth, or related medical conditions."
ALBEMARLE PAPER COMPANY V. MOODY
provided more details on how employers could prove that tests or other screening tools relate to job performance. the employer should first clearly document and understand the job's duties and responsibilities in order to test. The job's performance standards should be clear and unambiguous. That way, the employer can identify which employees are performing better than others. The Court's ruling also established the EEOC (now Federal) Guidelines on validation as the procedures for validating employment practices.
proving sexual harrasment
quid pro quo (proving rejection as a cause for firing) hostile environment created by supervisors hostile environments created by coworkers or non-employees
workforce analysis
regarding the firm's use of protected versus non protected employees in various job classifications
Executive Order (EO) 11246 (issued in 1965)
requires federal contractors to take affir-mative action to improve employment opportunities for groups such as women and racial minorities.
Oncale v. Sundowner Offshore Services Inc.
that same-sex sexual harassment is also actionable under Title VII
employer defense against sexual harassment charge
that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and the employee failed to take advantage of any preventive or corrective opportunities provided by the employer
diversity management program in five steps
to make employees more sensitive to and better able to deal with cultural differences. Provide strong leadership. Assess the situation. Provide diversity training and education. Change culture and management systems. Evaluate the diversity management program.
sexual harassment and conditions
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place explicitly or implicitly a term or condition of an individual's employment, Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
GRIGGS V. DUKE POWER COMPANY
used to define unfair discrimination. The company required its coal handlers to be high school graduates. it wasn't related to success on the job, and it resulted in more blacks than whites being rejected for these jobs. Griggs won
Burden of proof
what the plaintiff must show to establish possible illegal discrimination, and what the employer must show to defend its actions
