Chapter 2 - Equal Opportunity and the Law Flashcards
Title VII of the 1964 Civil Rights Act
An employer cannot discriminate on the basis of race, color, religion, sex or national origin with respect to employment.
Equal Employment Opportunity Commission
The commission, created by Title VII, is empowered to investigate job discrimination complaints and sue on behalf of complainants.
Affirmative action
Steps that are taken for the purpose of eliminating the present effect of past discrimination.
Office of Federal Contract Compliance programs (OFCCP)
This office is responsible for implementing the executive orders, and ensuring compliance of federal contractors.
Equal Pay Act of 1963
Equal pay for equal work, regardless of sex.
Age discrimination in Employment Act of 1967
Prohibits arbitrary age discrimination, specifically protecting individuals over 40 years.
Vocational Rehabilitation Act of 1973
Require certain federal contractors to take affirmative action for disabled persons.
Pregnancy Discrimination Act of 1978
An amendment to Title VII that prohibits sex discrimination based on pregnancy, child birth or related medical conditions.
Uniform guidelines
Guidelines issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail.
Protected class
Persons such as minorities and women, protected by EO laws, including Title VII
Civil Rights Act of 1991
Places the burden of proof back on employers. Permits compensatory and punitive damages.
“Mixed motive” case
A discrimination allegation case where the employer argues that the employment action taken was not motivated by discrimination, but by some nondiscriminatory reasons. I.e. ineffective performance.
Americans with Disabilities Act (ADA)
Prohibits discrimination against disabled person. Require employers to make reasonable accommodations for disabled employees.
Qualified individuals
Under ADA; those who can carry out the essential functions of the job.
What is sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature that takes place under any of the following conditions: 1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment. 2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. 3) Such conduct has the purpose or effect of substantially interfering with the persons performance – or creating an intimidating, hostile or offensive work environment.
Proving Sexual Harassment
There are three main ways someone can prove sexual harassment: 1) Quid Pro Quo. 2) Hostile Environment created by supervisors. 3) Hostile environment created by coworkers or nonemployees.
Quid Pro Quo
When sexual favors are traded for employment or an employment benefit.
Hostile Work Environment
When any unwelcome verbal or physical sexual behavior has the effect that makes the victim uncomfortable because of his or her sex. And has an impact on the victims performance in the workplace.
Disparate treatment
Intentional discrimination
Disparate impact
An employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than other employees, regardless of intent. I.e a rule that says employees need a college degree to do a particular job (because more white males than some minorities earn college degrees).
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.
Disparate Rejection Rates
A test for Adverse Impact that demonstrates discrepancy between rates of rejection of members of protected groups and others.
4/5ths rule
Federal agency rule that a minority selection rate less than 4/5ths of that for the group with the highest rate is evidence of adverse impact.
Restricted policy
A test for adverse impact, involving demonstration that an employers hiring practices exclude a protected group, whether intentionally or not. I.e policies of bartenders less than six feet tall.
McDonnel-Douglas Test
U.S. Supreme Court sets four rules for applying the McDonnel-Douglas Test: 1) The persons belong to a protected class. 2) He or she applied, and was qualified for a job for which the employer was seeking applicants. 3) Despite this qualification he or she was rejected. 4) After hiss or her rejection the position remained open, and the employer continued seeking applications from people with the complainant’s qualifications.
Acceptable defenses for a charge of discrimination
1) Bona fide occupational qualification (BFOQ). 2) Business necessity.
Bona fide occupational qualification (BFOQ)
Requirement that an employee be of a certain religion, sex, national origin, age, race or disability status were that is reasonably necessary to the organization’s normal operation.
Business necessity
There was an overriding business purpose for the discriminatory employment practice. Even though the employment practice resulted in adverse impact, the selection process was related to job performance thus justifying the results of the selection process.
Alternative dispute resolution program
Grievance procedure that provides for binding arbitration as the last step.
Diversity
The variety of multiplicity of demographic features that characterize a company’s workforce particularly in terms of race, sex, culture, national origin, handicap, age and religion.
Discrimination
Taking specific actions toward or against a person based on the person’s group.
Managing diversity
Maximizing diversity’s potential benefits while minimizing its potential barriers.
Good faith effort strategy
An affirmative action strategy that emphasizes identifying and eliminating the obstacles to hiring and promoting women and minorities, and increasing the minority or female applicant flow.
Reverse discrimination
Discriminating against non-minority applicants and employees.
