CHAPTER 3 Flashcards
- employees take their complaints to an internal
committee that makes a decision regarding the
complaints
GRIEVANCE SYSTEM
- a judicial interpretation of a law and is important because it establishes a precedent for future cases
CASE LAW
- The amendment to the U.S Constitution that
protects against unreasonable search or seizure; the amendment has been ruled to cover such privacy issues (Ex: drug testing, locker and office searches, psychological testing, and electronic surveillance)
FOURTH AMENDMENT
- The amendment to the U.S. Constitution that
mandates that the federal government may not deny a person equal protection under the law.
FIFTH AMENDMENT
- The amendment to the U.S. Constitution that
mandates that no state may deny a person equal protection under the law.
FOURTEENTH AMENDMENT
- less workforce diversity; means that a particular employment decision results in negative consequences more often for members of one race, sex, or national origin than for members of another race, sex, or national origin; done unconsciously
ADVERSE IMPACT
- when the selection ratio for one group (e.g.,
women) is less than 80% (four fifths) of the selection ratio for another group (e.g., men), adverse impact is said to exist
FOUR-FIFTHS RULE
- the tendency to give members of a particular race lower evaluation ratings than are justified by their actual performance or to give members of one race lower ratings than members of another race
RACIAL BIAS
- A 1978 federal law protecting the rights of pregnant women.
PREGNANCY DISCRIMINATION ACT
- Requires federal contractors to maintain a drug-free workplace
DRUG-FREE WORKPLACE ACT
- method which allows for setting grievances and one that identifies various levels of management above the immediate supervisor for employee contact
OPEN-DOOR POLICY
- reporting an employer’s illegal practices to
government agencies
WHISTLE-BLOWING
- a system for reviewing employee complaints that utilizes a group composed of equal numbers of employees and management appointees
PEER-REVIEW SYSTEM
- 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
- A branch of the Department of Labor charged with investigating and prosecuting complaints of employment discrimination.
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION (EEOC)
- A 1974 federal law that mandates that federal
government contractors and subcontractors take affirmative action to employ and promote Vietnam- era veterans.
VIETNAM-ERA VETERANS
READJUSTMENT ACT
- to make it financially worthwhile for an employee to retire earlier than planned
SEVERANCE PAY
- Compared to adverse impact, it is done voluntarily
- Protected class members receive unequal treatment
or evaluated by different standards
DISPARATE TREATMENT
- Any group of people for whom protective
legislation has been passed
PROTECTED CLASS
- Initiated before disciplinary action is done
- Interview concentrates on how the offense violated performance standards
- Employee is given full chance to explain his or her side. Employee should be reminded of the
organization’s rules and should be aware that he or she has not followed them
INVESTIGATIVE INTERVIEW
- A person who investigates employees’ complaints and solves problems
OMBUDSPERSON
TYPES OF HARASSMENT
- QUID PRO QUO
- HOSTILE ENVIRONMENT
- AFFIRMATIVE ACTION
LEGAL REASONS FOR TERMINATING
EMPLOYEES
- PROBATIONARY PERIOD
- VIOLATION OF COMPANY RULES
- INABILITY TO PERFORM
- REDUCTION IN FORCE / LAYOFF
- RETRENCHMENT
- the granting of sexual favors is tied to such
employment decisions as promotions and salary increases
QUID PRO QUO
- sexual harassment occurs when an unwanted
pattern of conduct related to gender unreasonably interferes with an individual’s work performance
HOSTILE ENVIRONMENT
- In many jobs, employees are given a probationary period in which to prove that they can perform well.
PROBATIONARY PERIOD
- Organizations often have “unwritten “ rules
governing employee behavior. These unwritten
rules, however, will not hold up in court - If a rule exists, a company must prove that the employee knew the rule. To prove that an employee knew a rule, organizations require employees to sign statements that they received information about the rule, read the rule, and understand the rule.
- Proof is accomplished through such means as witnesses, video recordings, and job samples.
- The extent to which the rule has been equally enforced. That Is, if other employees violated the rule but were not terminated, terminating an employee for a particular rule violation may not be legal.
- The extent to which the punishment fits the crime
VIOLATION OF COMPANY RULES
- applying corrective measures by increasing degree
- The longer an employee has been with an
organization, the greater the number of steps that must be taken to correct her behavior
- PROGRESSIVE DISCIPLINE
requires a cooperative environment between
employee and supervisor
POSITIVE OR EMPATHIC OR NON-
PUNITIVE DISCIPLINE
- are based on a job analysis
- have concrete, relevant standards that have been communicated to
- employees involve multiple behavioral measures of performance
- include several raters, each of whom has received training
- are standardized and formal
- provide the opportunity for an employee to appeal
INABILITY TO PERFORM
- Employees can be terminated if it is in the best economic interests of an organization to do so.
REDUCTION IN FORCE / LAYOFF
- Forced lay-off of employees by a firm, usually to cut down its payroll.
- Worker Adjustment and Retraining
Notification Act (WARN)
RETRENCHMENT