3 Flashcards
Challenges to legal compliance
Dynamic legal landscape
Complex laws
Why must managers understand the legal environment?
Right thing
Limitations of HR and legal departments
Limiting potential liability
Fair employment
Decisions are not affected by illegal discrimination
Equal pay act
Same pay for man and woman
Title VII
Employment decisions are not based on race, color, religion, sex, or national origin
Protected class
Group of people who suffered discrimination in the past and who are given special protection by the judicial system
Disparate treatment
Individuals are treated differently because of their membership in a protected class
Disparate impact
The equal application of employment standard has an unequal effect on one or more protected classes
Prima facie
The responsibility of the plaintiffs to show reasonable evidence that discrimination has occurred
4/5 rule
HR practice is discriminatory and has an adverse impact
Bona fide occupational qualification
A characteristic that must be present in all employees for a particular job
Title VII and pregnancy
Requires employers to employee was pregnant in the same way as any other employee who has a medical condition
Quid pro quo sexual harassment
Sexual activities required in return for getting her keeping a job or job related benefit
Hostile work environment sexual harassment
The behavior of anyone in the work setting is sexual immature and is perceived by unemployment as offensive and undesirable
Civil rights act of 1991
And then meant to title VII
Punitive damages
Find awarded to plaintiffs in order to punish the defendant
Compensatory damages
Finds a word into a plaintiff to compensate for the financial or psychological harm the plaintiff has suffered
Quotas
Employer adjustments of the hiring decisions to ensure that a certain number of people from a certain protected class are hired
executive order
A policy with which all federal agencies and organizations doing business with the federal government must comply
Age discrimination in employment act
Prohibits discrimination against people who are 40 or older
American with disabilities act
For disappointment discrimination against people with disabilities were able to perform essential functions of the job with or without reasonable accommodation
Individuals with disabilities
Persons who have a physical or mental impairment substantially affects one or more major life activities
Essential functions
Job duties that each person in a certain position must do able to do to be an effective employee
Reasonable accommodation
And action taken to accommodate the known disabilities of applicants employees so that disabled persons enjoy equal employment opportunity
Equal employment opportunity commission
Enforce EEO laws
Conciliation
An attempt to reach you negotiated settlement between the employer and employee application in case
Office of federal contract compliance programs
The federal agency responsible for more monitoring and of course in the lost and executive orders that apply to the federal government and his contractors
Reverse discrimination
Discrimination against me not protected class member resulting from attempts to recruit and hire members are protected classes
How to avoid pitfalls in EEO
Provide training Establish a complaint resolution process Document decisions Honest Ask only for information you need to know
