Chap 3: LEGAL ISSUES IN EMPLOYEE SELECTION Flashcards
A branch of the Department of Labor charged with investigating and prosecuting complaints of employment discrimination
Equal Employment Opportunity Commission (EEOC)
(EEOC) of PH
Bureau of Local Employment (Under DOLE)
A process in which an employee files a
complaint with the organization and a person or committee within the organization makes a
decision regarding the complaint.
Grievance system
A method of resolving conflict in which a neutral third party is asked to help the two parties reach an agreement
Mediation
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct.
Arbitration
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct and in which neither party is allowed to appeal the decision.
Binding arbitration
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct but in which either party may appeal the decision
Nonbinding arbitration
The interpretation of a law by a court through a verdict in a trial, setting precedent for subsequent court decisions.
Case law
Any group of people for whom protective legislation has been passed
Protected class
On the basis of the Civil Rights Acts of 1866, 1964, and 1991, as well as the Fifth and Fourteenth Amendments to the U.S. Constitution, it is illegal to discriminate against a person based on race.
According to Congress, the four ____ are African American, White, Asian American, and Native
American India
Race
Protected under the Civil Rights Acts of 1866, 1964, and 1991
Race, Color, Sex, National Origin, Religion.
A federal law that, with its
amendments, forbids discrimination against an individual who is over the age of 40
Age Discrimination in Employment Act (ADEA)
Federal act passed in 1973 that prohibits federal government contractors or subcontractors from discriminating against the physically or mentally handicapped.
Vocational Rehabilitation Act of 1973
A federal law, passed in 1990, that
forbids discrimination against the physically and mentally disabled
Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA) of PH
RA 7277 “Magna Carta for Persons with Disability”
A 1978 federal law protecting the rights of pregnant women.
Pregnancy Discrimination
Act
Pregnancy Discrimination Act of PH
Magna Carta for Women - Republic Act No. 9710
A selection requirement that is necessary for the performance of job-related duties and for which there is no substitute.
-can be performed only by a person in a particular class
Bona fide occupational qualification (BFOQ)
An employment practice that results in members of a protected class being negatively affected at a
higher rate than members of the majority class.
- usually determined by the four-fifths rule.
Adverse impact
When the selection ratio for one group (e.g., females) is less than 80% (four-fifths) of the selection ratio for another group (e.g., males), adverse impact is said to exist.
Four-fifths rule
The extent to which a test or measure taps a knowledge, skill, ability, behavior, or other characteristic needed to successfully perform a job.
Job related
2 Types of Harassment
Quid Pro Quo and Hostile Environment
A type of sexual harassment in which the granting of sexual favors is tied to an employment decision as promotions and salary increase.
Quid pro quo
A type of harassment characterized by a pattern of unwanted conduct related to gender that interferes with an individual’s work performance.
Hostile environment
The amendment to the U.S.
Constitution that protects against
unreasonable search or seizure; the amendment has been ruled
to cover such privacy issues as
drug testing, locker and office searches, psychological testing,
and electronic surveillance.
Fourth Amendment
Requires federal contractors to
maintain a drug-free workplace.
Drug-Free Workplace Act
Decisions that affects an employee
Employment decision
neutral third party in mediation
national mediation board
Neutral third party in arbitration
national labor relations commision
RA 10911 (2016)
Anti-Age discrimination in Employment Act
