Chapter 23 Flashcards
justified discrimination
is permitted & even encouraged if employer has good reason for treatment
unjustified discrimination
occurs during all points of employment (hiring/firing/job performance)
race and gender
includes all person who are not white. African American, Asians, Filipinos, Hispanics, Native Americans & others are members of this protected class
gender
sexual harassment is illegal
pregnancy
can’t discriminate if a person is pregnant or plans on having a family
age
people over 40 are protected against discrimination
religion
people are protected regarding religious beliefs; could include everyone
disability
physically & mentally disabled have limited protection
national origin
those who don’t speak English or who aren’t citizens of the U.S are protected to a limited extent
civil rights act of 1964
forbids employers, employment agencies, & unions from discriminating in hiring, paying, training, promoting, or discharging employees on the basis of race, color, religion, national origin or sex
equal employment opportunity commission
gives the authority to investigate & settle complaints of job discrimination
affirmative action plan
stated that if there was employer discrimination in the past, the courts may mandate this plan to bring up % of minorities & women in the work force
equal pay of 1963
prohibits wage discrimination on the basis of gender
age discrimination in employment act of 1967
forbids discrimination against workers over 40 years old
Americans with disabilities act
prevents employers from automatically assuming that a disabled person can’t perform the work
pregnancy discrimination act
makes it illegal to discriminate because of pregnancy, childbirth or related medical conditions
unequal treatment
an employer intentionally treats members of a protected class less favorably than other employees
business necessity
the employers actions were meant to advance the business rather than create unjustified discrimination
bona fide occupational qualification
discrimination must truly be essential to the business
bona fide seniority system
rewards employees based on length of employment
pretexts
employers sometimes assert business necessity to BFOQ as a pretext or cover for discrimination
neutral on its face
a company policy stating makes no reference to a protected class
disparate impact
indicates that the policy eliminates more members of protected classes than members of majority
applicant pool
qualified for the job without regard to the challenged practice
workforce pool
people actually in the employers workforce
quid pro quo
one thing is exchanged for another
hostile environment
arises when unwelcome sexual comments, gestures or contact interfere with an employees ability to work
employment discrimination
defined as treating individuals differently on the basis of race, color, gender & pregnancy, religion, disability and national orgin
