Chapter 3 Flashcards
Equal Employment Opportunity
A firm’s employment practices must be designed and used in a manner that treats employees and applicants consistently regardless of their protected characteristics, such as sex and race
Affirmative Action Plan
Describes in detail the actions to be taken, procedures to be followed, and standards to be met when establishing an affirmative action program
Risk Management
Identifying, assessing, and resolving risks before they become serious threats
Common Law
The body of case-by-case court decisions that determines what is legal and what remedies are appropriate
Unfair Discrimination
When employment decisions and actions are not job-related, objective, or merit-based
Quid Pro Quo Harassment
Unwanted verbal or physical conduct of a sexual nature made as a term or condition of employment or as a basis for employment and/or advancement
Unlawful Employment Practices
Violate a federal, state, or local employment law
Protected Classes
Groups underrepresented in employment
Disparate Treatment
Intentional discrimination based on a person’s protected characteristic
National Labor Relations Act of 1935
Prohibits retaliation against employees seeking to unionize
Fair Discrimination
When only objective, merit-based, and job-related characteristics are used to determine employment related decisions
Bona Fide Occupational Qualification (BFOQ)
A characteristic that is essential to the successful performance of a relevant job function
Pregnancy Discrimination Act of 1978
Prohibits discrimination for all employment-related purposes on the basis of pregnancy, childbirth, or related medical conditions
Worker Adjustment and Retraining Notification Act (WARN) of 1988
Employers with at least 100 employees must give at least 60 days notice to workers of plant closings or mass layoffs of 50 or more people (excluding part-time workers)
Preception of Possible Personal Loss
A human bias that creates a barrier to equal employment opportunity through beliefs that one will “miss out” on future employment opportunities by hiring more diverse people
Affirmative Action
Proactive efforts to eliminate discrimination and its past effects
Inclusion
Everyone feels respected and listened to, everyone contributes to their fullest potential
Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, or national origin
Age Discrimination in Employment Act (ADEA) of 1967
Protects people 40 years of age or older
Reasonable Accommodation
An employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship
Stereotype
A human bias that creates a barrier to equal employment opportunity through the belief that everyone in a particular group shares certain characteristics or abilities or will behave in the same way
Hostile Environment Harassment
Unwanted verbal or physical conduct of a sexual nature creates a hostile, intimidating, or otherwise offensive working environment
Family and Medical Leave Act of 1993
Requires leave and job-return for personal or family medical reasons and for the care of newborn or newly adopted children
Fair Labor Standards Act (FSLA) of 1938
Establishes both a national minimum wage and overtime rules
Immigration Reform and Control Act of 1986
Employers with at least 4 employees must verify the employment eligibility of everyone hired; only U.S. citizens, nationals of the US, and aliens authorized to work in the US are eligible for employment
Preferential Treatment
Employment preference given to a member of a protected group
Adverse Impact
An employment practice has a disproportionate effect on a protected group, regardless of its intent
The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
Ensures that members of the uniformed services are entitled to return to their civilian employment after their service
Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) (Amended in 2002 by the Jobs for Veterans Act)
Prohibits discrimination against and requires affirmative action for disabled veterans as well as other categories of veterans
Diversity
The composition of employees with varying characteristics including, but not limited to, religious and political beliefs, gender, ethnicity, education, socioeconomic background, sexual orientation, and geographic location
Rehabilitation Act of 1973
Prohibits the discrimination against employees with disabilities
Prejudice
A human bias that creates a barrier to equal employment opportunity through beliefs or practices of outright bigotry
Genetic Information Nondiscrimination Act of 2008
Prohibits employers from discriminating against individuals based on the results of genetic testing when making hiring, firing, job placement, or promotion decisions
Ignorance
A human bias that creates a barrier to equal employment opportunity through one being unaware of all requirements of employment law
Department of Labor
A cabinet-level department of the U.S. federal government responsible for occupational safety, wage, and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics
Americans with Disabilities Act of 1990
Prohibits discrimination of a qualified individual with or perceived as having a disability; focus on fair treatment and reasonable accommodation
Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986
Employers with group health plans and 20 or more employees in the prior year must offer continued health and dental insurance coverage to terminated employees for limited periods of time
Equal Employment Opportunity Commission (EEOC)
A designated federal entity with the authority to investigate charges of discrimination against employers who are covered by the law; Title VII of the Civil Rights Act of 1964. Its original responsibility was to receive and investigate charges of unlawful employment practices and, for those charges found to be of “reasonable cause,” to try to resolve disputes
Equal Pay Act of 1963
Prohibits wage discrimination on the basis of sex
Affirmative Action Plan
Describes in detail the actions to be take, procedures to be followed, and standards to be met when establishing an affirmative action program
Negligent Hiring
A company that is considered responsible for the damaging actions of its employees if it failed to exercise reasonable care in hiring the employee who caused the harm
Sexual Harassment
Unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature
The Office of Federal Contract Compliance Programs (OFCCP)
An arm of the U.S. Department of Labor; administers an enforces the three equal employment opportunity programs that apply to federal contractors and subcontractors
