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CMS 1 > A2 - Equal Employment Opportunity > Flashcards

A2 - Equal Employment Opportunity Flashcards

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1
Q

(3) factors that influenced the growth of EEO legislation

A
  1. chg’g attitudes toward employment discrim.
  2. published rpts highlighting economic probs. and injustices experience by minority workers
  3. a growing body of laws/regs at different levels of gov’t that legislators believed s/b standardized
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2
Q
  • this act makes it illegal to discrimintate against ppl in terms of pay, EE benef., and pension based on gender when they do equal work
  • amendment to FLSA
  • all ERs covered under FLSA and others
  • ERs cannot lower wages of the higher paid gender to comply with law; must increase wages of lower paid gender
A

Equal Pay Act of 1963

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3
Q

Equal Pay Act of 1963 is NOT violated when paying male more than female in the same type of job if:

A
  • differences in wages are based on seniority systems, merit considerations, or quantity or quality of production
  • exceptions must not be based on EE’s gender or serve to discrim. against one particular gender
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4
Q
  • this title of the act specifically bars employment discrimination in all HR conditions of employment
  • prohibited on basis of race, color, religion, sex, or national origin
  • created the Equal Employment Opportunity Commission (EEOC)
  • also prohibits national origin and pregnancy discrim.
  • protects hrly EEs, supers, prof. EEs, mgrs, exec
  • there are exemptions to this Act
A

Title VII of Civil Rights Act of 1964

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5
Q

definition of “national origin group”

A
  • EEOC guideline
  • group of ppl sharing a common language, culture, ancestry, and/or similar social characteristics
  • includes ppl born in the US who are not racial or ethnic minorities
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6
Q

Exemptions to Title VII of Civil Rights Act of 1964

A
  • mgrs are permitted to apply employment conditions differently as long as they are on objective factors such as merit, seniority, or incentive pmts
  • don’t have to hire, promote, retain workers who are NOT qualified to perform their jobs
  • can still reward those EEs differently if provided they are based on the protected class
  • permits exemptions for bona fide occupational qualification (BFOQ) - age, religion, sex, or nat’l origin is an actual requirement for perfoming a job due to bus. necessity
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7
Q

Title VII of Civil Rights Act of 1964

Covered Orgs

A
  • all private ERs in interstate commerce w/ 15 or more EEs for 20 or more weeks/yr
  • state/local gov’t
  • private/public employment agencies
  • joint labor/mgmt committees that govern apprenticeship or training programs
  • labor unions having 15 or more members or EEs
  • public and private educational institutions
  • foreign subsidiaries of U.S. orgs employing U.S. citizens
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8
Q

Title VII of Civil Rights Act of 1964

Exempt Orgs

A
  • U.S. gov’t-owned corps
  • tax-exempt private clubs
  • religious orgs employing ppl of a specific religion
  • orgs hiring Native Americans on or near a reservation
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9
Q

Amendments to Civil Rights Act of 1964

A
  • Equal Employment Opportunity Act of 1972
  • Civil Rights Act of 1991
  • Glass Ceiling Act of 1991
  • Lily Ledbetter Fair Pay Act (2009)
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10
Q
  • Amendment to Civil Rights Act of 1964
  • allowed the EEOC itself to sue ERs in court to enforce the provisions of the act
  • broadened to included state and local gov’t and public and private educational instit.
A

Equal Employment Opportunity Act of 1972

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11
Q
  • Amendment to Civil Rights Act of 1964
  • provides for compensatory and punitve damages and jury trials in employment cases involving intentional discrim. or unlawful harassment
  • EEs who can prove they were intentionally discriminated against can seek compensatory monetary damages for emotional pain, suffering, mental anguish, etc…
  • can also sue for punitive damages if ER engaged in discrimination w/ malice or reckless indifference to the law
  • also broadened to include EEs employed by U.S. companies in foreign countries
  • ERs must demonstrate job practices are job related and consistent w/ bus. necessity
A

Civil Rights Act of 1991

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12
Q
  • Amendment to Civil Rights Act of 1964
  • this was created to study the invisible barrier that prohibits protected class members from reaching top org. positions
A

Glass Ceiling Act of 1991

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13
Q
  • Amendment to Civil Rights Act of 1964
  • the 180-day statute of limitations for filing an equal-pay lawsuit w/ EEOC resets w/ each new discriminatory paycheck an EE receives - not the date the EE received the 1st paycheck.
A

Lily Ledbetter Fair Pay Act (2009)

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14
Q
  • prohibits ERs from discriminating against EEs and applicants age 40 or older in any employment area
  • ERs affected = 20 or more EEs, unions w/ 25 or more members, employment agencies, and all levels of gov’t
A

Age Discrimination in Employment Act (ADEA) of 1967

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15
Q

discrimination factors

Age Discrimination in Employment Act of 1967

A
  • exclude older wkrs from important work activities
  • make negative changes in the perf. evaluations of older EEs
  • deny older EEs job-related education, career development, or promotional opportunities
  • select younger job applicants over older, better-qualified candidates
  • pressure older EEs into taking early retirement or term. them
  • reduce job duties and responsibilities of older EEs
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16
Q
  • amendment of Age Discrimination in Employment Act of 1967
  • prohibits ERs from denying benefits to older EEs except in limited circumstances
  • allows ER to ask older EEs to waive their legal rights in exchg for compensation such as severance packages or court settlements
A

Older Workers Benefit Protection Act of 1990

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17
Q
  • amendment to Civil Rights Act of 1964
  • prohibits discrimination in the hiring, promotion, transfer, or term. of women becasue of pregnancy
  • pregn. is a disability and that pregnant EEs in covered orgs must be treated on an equal basis
  • equal basis of EE benefit programs and leave
A

Pregnancy Discrimination Act of 1978

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18
Q
  • This act prohibits ERs from discrim. against indiv. w/ physical and mental disabilities and the chronically ill in all matters of employment
  • requires ERs to make ‘reasonable accomodations’ to disabled persons who are otherwise qualified to work, unless doing this would be an undue hardship
  • made the disabled part of the protected class
  • covers ERs with 15 or more EEs
  • enforced by EEOC
A

Americans with Disabilities Act (ADA) of 1990

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19
Q

Americans with Disabilities Act (ADA) of 1990

definition of disability

A

one of the following:

  1. a physical or mental impairment that substantially limits one or more of the major life activites
  2. a record of such impariment
  3. being regarded as having such an impairment
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20
Q

Not covered by ADA

A

mental impairments described as “adjustment disorders” or attributed to stress (over marital probs, financial hardships, demands of work, job duties, or harsh treatment from super)

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21
Q

refers to unusual work modifications or excessive expenses that might be incurred by an ER in providing an accomodation

A

Undue Hardship

22
Q

making facilities accessible and usable to disabled persons, restructuring jobs, permitting P/T or modified work schedules, reassigning to a vacant position, changing equipment, and/or expense

A

reasonable accommodation

23
Q
  • amendment to Americans with Disabilities Act (ADA) of 1990
  • this broadened the defin. of what constitutes a disability
A

Americans w/ Disabilities Act Amendments Act (ADAAA) of 2008

24
Q
  • law that prohibits ERs from requesting, requiring, or purchasing the genetic info of workers or their family members
  • ERs have to store health insurance records separate and confidential from EEs personnel files
A

Genetic Information Nondiscrimination Act of 2008

25
Q
  • protects against discrim. on the basis of military oblig. in the areas of hiring, job retention, and advancement
  • covers all military personnel who enlist either voluntarily or involuntarily during peace or wartime and serve a total of 5 years
  • can return to their private sector jobs w/o risk of loss of seniority or benefits
  • must allow for benefits and pension to continue for EE and family
  • don’t have to pay workers’ wages while they are enlisted
A

Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

26
Q
  • amendment of USERRA
  • requires ERs to provide a notice of rights, benefits, and obligs. of both EEs and ERs under USERRA
  • EE - must provide ER advance notice of their obs in order to be protected by reemployment rights statute
  • enforced by DOL
A

Veterans Benefits Improvement Act of 2004

27
Q
  • prohibits discrim. against mentally/physically disabled indiv. of working age assuming they can perform the work
  • applies to fed’l contractors whose contract exceeds $2,500
  • requires fed’l contractors to develop AAPs to hire and promote disabled ppl
  • includes EEs affected w/ contagious diseases (HIV/AID)
A

Vocational Rehabilitation Act of 1973

28
Q

definition of a “disabled indiv.”

Vocational Rehabilitation Act of 1973

A

any person who

  1. has a physical or mental impairment which substantially limits one or more of such person’s major life activities
  2. has a record of such an impairment
  3. is regarded as having such an impairment
29
Q
  • all fed’l agencies and gov’t contractors w/ contracts of $10,000 or more
  • prohibits discrim. based on race, color, religion, sex, or nat’l origin in all employment activities
  • if they have 50 or more EEs w/ contracts in excess of $50,000, must develop AAPs
A

Exec. Order 11246

30
Q
  • created by the Exec. Order 11246
  • issues guidelines, enforces compliance, and reviews AAPs that are required by some ERs
  • noncompliance can result in cancellation or suspension of gov’t contracts
  • requires that contractors provide job opps to the disabled, disabled vets and vets of the Vietnam War
A

Office of Fed’l Contract Compliance Programs (OFCCP)

31
Q
  • EEOC defines this as “unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” when submission to the conduct is tied to continuing employment or advancement
A

sexual harassment

32
Q

ERs guilty of sexual harassment

A
  • when ER knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action
  • if they allow nonEEs (cust. or salesppl) to sexually harass EEs
33
Q

(2) Forms of Sexual Harassment

A
  1. quid pro quo harassment
  2. hostile environment
34
Q
  • this form of sexual harassment occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions”
  • involves tangible or economic consequence (demotion or loss of income)
A

quid pro quo harassment

35
Q
  • this form of sexual harassment can occur when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering w/ job perf. or creating an intimidating, hostile, or offensive working environment”
A

hostile environment

36
Q
  • this immigration bill has 2 mandates:
  1. prohibits ERs from knowingly hiring or retaining unauthorized aliens on the job
  2. ERs w/ 4 or more EEs are prohibited from discrim’g in hiring or term decisions on the basis of nat’l origin or citizenship
  • ERs must verify and maintain records on the legal rights of applicants to work in the U.S. (I-9s)
A

Immigration Reform and Control Act (IRCA)

37
Q

Uniform Guidelines on EE Selection Procedures

A
  • provided by fed’l gov’t
  • provides ERs guidance concerning the appropriateness of specific selection procedures, especially those related to testing and selection
  • ER must demonstrate that selection procedures are valid in predicting or measuring perf. in a particular job
  • ER must be concerned w/ the composition of the internal workforce when compared w/ the composition of the external labor mkt - using workforce utilization analysis
38
Q
  • This rule adopted by the EEOC is used to determine the adverse impact in enforcement proceedings
  • used to monitor serious discrepancies in hiring, promotion, or other employment decisions made by ERs
A

four-fifths rule

39
Q

violating the four-fifths rule causing adverse impact

A
  • if a selection rate for any racial, ethinic, or sex class is less than four-fifths (80%) of the rate of the class w/ the highest selection rate
  • using standard deviation to show that the chance is eliminated for the lower selection rates of the protected class in comparison to a nonprotected class
    • (Hazelwood School District v. United States)
  • any evidence the ER has a selection procedure that excludes members of a protected class, whether intentional or not
40
Q

this refers to the unintentional rejection for employment, placement, or promo. of a significantly higher %age of members of a protected class when compared w/ members of nonprotected classes

A

adverse impact

41
Q

a situation in which protected class members receive unequal treatment or are evaluated by different standards intentionally.

A

disparate treatment

42
Q
  • the process involves analyzing the composition of their internal workforce when compared w/ their external labor mkt
  • This analysis makes ERs aware of the impact their selection process has on protected class members
  • compares an ER’s workforce by race and sex for specific job categories against the surrounding labor mkt by number and type of job held
A

workforce utilization analysis

43
Q

workforce utilization analysis outcomes

A
  • at parity - when the ER’s internal workforce reflects the racial make-up of the job-qualified external labor mkt for that specific position
  • underutilized - ER’s internal workforce comp is below the make-up of the job-qualified external labor mkt for that specific position
44
Q
  • agency created by Title VII of the Civil Rights Act.
  • responsible for ensuring that covered ERs comply w/ the intent of the act.
  • formulate policy and approve all litigation involved in maintaining EEO
  1. issues various employment guidelines and monitoring the employment practices of orgs
  2. protects EE rights through the investigation and prosecution of discrim. charges
A

Equal Employment Opportunity Commission (EEOC)

45
Q
  • an ER info report that must be filed annually by ERs of 100 or more EEs and gov’t contractors and subcontractors to determine an ERs workforce comp. (except state/local gov’t ERs)
  • collects data by gender and race/ethnicity by 10 different job categories
  • EEOC’s basic doc for determining an ER’s workforce comp., investigating charges of discrim., providing info about the employment status of minorities and women, and analyzing
A

EEO-1 Report

46
Q
  • discrim. complaint filed by EEs or job applicants to EEOC
A

charge form

47
Q

How does the EEOC use the EEO-1 Report?

A
  • determining an ER’s workforce comp.
  • investigating charges of discrim.
  • providing info about the employment status of minorities and women
  • analyzing mkt employment patterns
48
Q
  • policy requires ERs to comply w/ the law and correct past discrim. processes by increasing the #s of minorities and women in specific positions
  • actively encourage employment diversity, post job opportunities w. minority agencies, remove unnecessary barriers to employment and offer comprehenesive training and mentoring to protected class members
A

Affirmative Action Plan

49
Q

Reasons to estab. an AAP

A
  • Fed’l contract of more than $50,000 (req’d by OFCCP)
  • courts may mandate for ERs that have been found guilty of past discrim.
  • ERs may voluntarily create AAPs
50
Q
  • downfall of an AAP
  • the act of giving preference to members of protected classes to the extent that unprotected indiv. believe they are suffering from discrim.
A

reverse discrim.

51
Q

term for an exception where age, religion, sex or nat’l origin is an actual qualif. for performing a job

A

bona fide occupational qualification (BFOQ)

52
Q

ares that s/b cov’d during a comprehensive training prog. to prevent and correct discrim. from occurring in the workplace (not just for mgrs, but EEs too)

A
  • how to respond to complaints
  • procedures for investigating complaints
  • suggestions for remedying inappropriate behavior

CMS 1 (10 decks)

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