Chapter 3 Flashcards

1
Q

The set of laws and policies that requires all individuals’ rights to equal opportunity in the workplace, regardless of race, color, sex, religion, national origin, age, or disability.

A

Equal Employment Opportunity (EEO)**

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2
Q

Refers to the expectation and program requirements that companies make a positive effort to recruit, hire, train, and promote employees from groups who are underrepresented in the labor force.

A

Affirmative action**

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3
Q

Any perceived difference among people: age, race, religion, functional
specialty, profession, sexual orientation, geographic origin, lifestyle, and tenure with the organization or position, and any other perceived difference.

A

Diversity

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4
Q

Provide a single set of principles that were designed to assist employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on the basis of race, color, religion, sex, and national origin.

A

Uniform Guidelines

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5
Q

Employer treats some people less favorably than others because of race, religion, sex, national origin, or age.

A

Disparate Treatment

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6
Q

Takes place when an employment decision, practice or policy has a disproportionately negative effect on a protected group. Oftentimes, it may be thought of as unintentional discrimination.

A

Adverse impact

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7
Q

Directive issued by the president that has the force and effect of law enacted by Congress as it applies to federal agencies and federal contractors.

A

Executive order (EO)

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8
Q

Approach developed by organizations with government contracts to demonstrate that workers are employed in proportion to their representation in the firm’s relevant labor market.

A

Affirmative action program (AAP)

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9
Q

Discrimination against employees

based on their obligations to care for family members.

A

Caregiver (family responsibility) discrimination

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10
Q

Ensuring that factors are in place to provide for and encourage
the continued development of a diverse workforce by melding these actual and perceived differences among workers to achieve maximum productivity

A

Diversity management

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11
Q

Invisible barrier in organizations that prevents many women and minorities from career advancement.

A

Glass ceiling

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12
Q

A situation in which both spouses or partners have jobs and family
responsibilities.

A

Dual-career family

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13
Q

People born just after World War II through the mid-1960s

A

Baby Boomers

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14
Q

Label affixed to the approximately 41 million U.S. workers born between
the mid-1960s and late 1970s.

A

Generation X

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15
Q

Comprises people born between the late 1970s and mid-1990s.

A

Generation Y

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16
Q

Internet-assimilated children born between 1995 and 2009

A

Generation Z or Digital Natives

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17
Q

The oldest federal legislation
affecting staffing and was based on the Thirteenth Amendment, which abolished
slavery. This law, with the Fourteenth Amendment, would give all persons born
in the United States (excluding Native Americans not taxed) full and equal benefit
of all laws.

A

CONSTITUTIONAL AMENDMENTS AND THE CIVIL RIGHTS ACT OF 1866

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18
Q

Prohibits discrimination in hiring, firing, promoting, compensating, or in
terms, conditions, or privileges of employment based on race, color, sex, religion, or national origin. Three notable exceptions to discrimination are bona fide
occupational qualifications, bona fide seniority and merit systems, and testing and
educational requirements.

A

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AMENDED 1972***

19
Q

Prohibits an employer from paying women less money than men if both employees do work that is substantially the same.

A

EQUAL PAY ACT OF 1963, AMENDED IN 1972***

20
Q

What are four exceptions that permit unequal pay for equal work?

A

Seniority systems
Merit systems
Systems that measure earnings by the quality of production
Any other factor other than sex.

21
Q

The Fair Pay Act amends Title VII of the Civil Rights Act of 1964 by effectively overturning a portion of the Supreme Court’s decision in Ledbetter v Goodyear Tire and Rubber Company, Inc., and thereby modifying the manner in which the time limits are calculated for filing claims of compensation discrimination with the EEOC. The law creates a rolling or open time frame for filing wage discrimination claims.

A

LILLY LEDBETTER FAIR PAY ACT OF 2009

22
Q

Prohibits discrimination in employment based on pregnancy, childbirth, or related medical conditions.

A

PREGNANCY DISCRIMINATION ACT OF 1978

23
Q

Provide remedies for intentional discrimination and
unlawful harassment in the workplace.

Codify the concepts of business necessity and job relatedness pronounced by the Supreme Court in Griggs v Duke Power Company.

Confirm statutory authority and provide statutory guidelines for the adjudication of disparate impacts under Title VII of the Civil Rights Act of 1964. Disparate impact occurs when certain actions in the employment
process work to the disadvantage of members of protected groups.

Respond to decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to
victims of discrimination.

A

CIVIL RIGHTS ACT OF 1991

24
Q

Prohibits discrimination against anyone

who is age forty and older

A

AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967—AMENDED IN 1978, 1986, and 1990**

25
Q

Prohibits discrimination against disabled workers who are employed by certain government contractors and
subcontractors and organizations that receive federal grants in excess of $2,500. Individuals are considered disabled if they have a physical or mental impairment
that substantially limits one or more major life activities or if they have a record of such impairment.

A

REHABILITATION ACT OF 1973

26
Q

Requires federal government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the act and prohibits discrimination against such veterans.

A

VIETNAM ERA VETERANS’ READJUSTMENT ASSISTANCE ACT OF 1974

27
Q

Now the definition of “protected” or “covered”
veteran has been expanded to include those who have served in a campaign or expedition for which a campaign badge was issued. This includes campaigns such as the current engagements in the Middle East.

A

VIETNAM ERA VETERANS’ READJUSTMENT ASSISTANCE ACT OF 1974, AS AMENDED

28
Q

Prohibits discrimination against qualified individuals with disabilities. This includes all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment.

A

AMERICANS WITH DISABILITIES ACT OF 1990

29
Q

Act expands the definition of “disability” and
many more applicants and employees are eligible for reasonable accommodations. By expanding the term
“major life activities,” doing away with the “substantially limited” requirement (previously mentioned) for those regarded as having a disability, and overturning two U.S. Supreme Court decisions that interpreted the definition of disability narrowly.

A

AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT OF 2008

30
Q

Makes it illegal for certain employers to fire or refuse to hire a person on the basis of that person’s national origin or citizenship.

A

IMMIGRATION REFORM AND CONTROL ACT OF 1986

31
Q

Provides protection to Reservists and National Guard members. Under this act those workers are entitled
to return to their civilian employment after completing their military service.

A

UNIFORMED SERVICES EMPLOYMENT AND

REEMPLOYMENT RIGHTS ACT OF 1994

32
Q

Protects from discrimination based on genetic information. It also makes it illegal to use genetic information to discriminate in health insurance and
employment

A

GENETIC INFORMATION NONDISCRIMINATION ACT OF

2008

33
Q

WHO’S RESPONSIBLE FOR ENSURING EQUAL EMPLOYMENT

OPPORTUNITY (EEO)?

A

Government and employers

34
Q

Created by Title VII Charges and enforces many aforementioned laws, where it or any aggrieved person, or a person acting on behalf of an aggrieved person. Charges must be filed within 180 days of the alleged act, but there are exceptions.

A

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

35
Q

Purpose to enforce the requirements of affirmative action and EEO required of those who do business with the federal government

A

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

36
Q

Provide a single set of principles that
were designed to assist employers, labor organizations, employment agencies, and
licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on the basis of race, color, religion,
gender, and national origin.

A

UNIFORM GUIDELINES ON EMPLOYEE SELECTION

PROCEDURES

37
Q

Occurs when an
employer treats some people less favorably than others because of race,
religion, sex, national origin, or age.

A

DISPARATE TREATMENT

38
Q

The concept established by the Uniform Guidelines

occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

A

ADVERSE IMPACT

39
Q

Supreme Court held that an employer is strictly liable,

meaning that it has absolutely no defense, when sexual harassment by a supervisor involves a tangible employment action.

A

Faragher v City of Boca Raton and Burlington Industries, Inc. v Ellerth:

40
Q

First sexual harassment case to
reach the U.S. Supreme Court. The Court recognized for the first time that Title VII could be used for offensive environment claims

A

Meritor Savings Bank v Vinson

41
Q

Expanded the hostile workplace concept and made it easier to win sexual harassment claims.

A

Harris v Forklift Systems, Inc.

42
Q

Supreme Court held that same-sex sexual harassment may be unlawful under Title VII.

A

Oncale v Sundowner Offshore Services

43
Q

What are some elements of the diverse workforce?

A
Single parents/working mothers
Women in business
Mothers returning to the workforce
Dual career families
Ethnicity and race
Older workers
Disabilities
Immigrants
Foreign workers
Young persons
Baby boomers/gen x/gen y/gen z
LGBT
44
Q

Act that prohibits discrimination in employment for persons age 40 and over except where age is a

A

Bona Fid Occupational Qualification***