Chapter 3 Flashcards
What is the purpose of equal employment?
Equal employment is an attempt to level the field of opportunity for all people at work.
What characteristics are protected by laws that prohibit employment decisions based on them?
Age, color, disability, national origin, race, religion, and other protected characteristics.
Which agencies are the primary enforcement agencies in employment discrimination laws?
The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP).
Define disparate treatment in the context of employment.
Disparate treatment occurs when individuals are treated differently based on a protected characteristic.
What is disparate impact in the context of employment?
Disparate impact occurs when employment decisions work to the disadvantage of individuals based on a protected characteristic.
What defenses can employers use to justify their management practices in the face of discrimination claims?
Employers may be able to use business necessity, job-relatedness, and bona fide occupational qualifications (BFOQs) to defend their management practices.
What was the first significant equal employment law, and when was it enacted?
Title VII of the 1964 Civil Rights Act was the first significant equal employment law.
How did the Civil Rights Act of 1991 impact the 1964 provisions?
The Civil Rights Act of 1991 altered and expanded the 1964 provisions.
What is the most common reason individuals file EEO claims today?
Retaliation claims now rank as the most common reason individuals file EEO claims.
What governs the relationship between federal contractors and the U.S. government?
Executive orders issued by the president govern the relationship between federal contractors and the U.S. government.
Describe the legal status of affirmative action and its ongoing debate.
Affirmative action has been intensely litigated, and the debate continues today.
What issues related to sex/gender discrimination have been addressed by laws?
Laws on sex/gender discrimination have addressed pregnancy discrimination, unequal pay for similar jobs, and sexual harassment.
How have sex/gender issues in equal employment evolved with more women entering the workforce?
As more women have entered the workforce, sex/gender issues in equal employment have included both discrimination through pay inequity and discrimination in jobs and careers.
Define the two types of sexual harassment as defined by the courts.
The courts have defined two types of sexual harassment—quid pro quo and hostile environment.
Why is it vital for employers to train employees on sexual harassment?
It is vital that employers train all employees on what constitutes sexual harassment, promptly investigate complaints, and take action when sexual harassment is found to have occurred.
