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HRM Final > Chapter 3 > Flashcards

Chapter 3 Flashcards

Legal EEO OSHA

1
Q

Legislative, Executive, Judicial

A

3 Branches of U.S. Government

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2
Q

Purpose: Enact laws that govern many of HR activities

A

Legislative

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3
Q

House of representatives, senate

A

Legislative

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4
Q

Purpose: Executive orders that regulate Federal government contracts, president appoints judges in federal judiciary systems

A

Executive

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5
Q

consists of President and regulatory agencies

A

Executive

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6
Q

Purpose: decide legal challenges and litigation

A

Judicial

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7
Q

Ensures that all individuals have an equal chances for employment, regardless of race, color, religion, sex, age, disability, national origin

A

EEO

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8
Q

EEO: Constitutional Amendments
- Abolished slavery

A

13th Amendment

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9
Q

EEO: Constitutional Amendments
- (Only applicable to state actions)
States cannot take, life, liberty, or property without due process
- states cannot deny equal protection under the law
- Expanded to protect other groups

A

14th Amendment

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10
Q

EEO: Congressional Legislation
Section 1982: Grants all citizens the same property rights

A

Reconstruction Civil Rights Act (1866)

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11
Q

EEO: Congressional Legislation
Section 1981: Grants all citizen other rights, including enter into and enforce contracts

A

Reconstruction Civil Rights Acts (1866)

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12
Q

EEO: Congressional Legislation
Grants all citizens right to sue in federal court if deprived of civil right

A

Reconstruction Civil Rights Act (1871)

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13
Q

EEO: Congressional Legislation
Amendment to FLSA
Requires men and women performing equal jobs in the same organization receive equal pay a

A

Equal Pay act of 1963

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14
Q

EEO: Congressional Legislation
Forbids discrimination based on race, color, religion, sex, or national origin
Cannot fail or refuse to hire or discharge employee or limit, segregate, or classify employee or applicants that would deprive individual of employment opportunities or affect employee status

A

Title VII of the Civil Right Act of 1964

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15
Q

EEO: Congressional Legislation
Prohibits discrimination in employment against individuals 40 years of age and older

A

Age Discrimination in Employment Act of 1967

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16
Q

EEO: Congressional Legislation
Requires affirmative action in employment of individuals with disabilities plus reasonable accommodation
—— covers executive agencies, contractors, and subcontractors receiving >$2500 a year

A

Rehabilitation Act of 1973

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17
Q

EEO: Congressional Legislation
Requires affirmative action toward employing Vietnam veterans

A

Vietnam Era Veterans Readjustment Assistance Act of 1974

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18
Q

EEO: Congressional Legislation
Amendment to title vii of t 1964 civil rights act
Prohibits discrimination on basis or pregnancy, childbirth, or related medical conditions

A

Pregnancy Discrimination Act

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19
Q

EEO: Congressional Legislation
Allows compensatory and punitive damages IF intentional or reckless discrimination is proven

A

Civil Rights Act 1991

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20
Q

EEO: Congressional Legislation
Prohibits discrimination in the workplace against individuals with disabilities

A

Americans with Disabilities Act 1990

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21
Q

EEO: Congressional Legislation
Job application procedures, hiring, firing, promotions, compensation, training plus advertising, recruitment, tenure, layoff, leave

A

Work place practices

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22
Q

Issues and amended unilaterally by president

A

Executive orders

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23
Q

Prohibits federal government contractors and subcontractors from discrimination based on race, color, religion, sex, and national origin

A

Executive order 11246

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24
Q

Requires the federal government to base all its employment policies on merit and fitness
- specifies that race, color, sex, religion, and national origin should not be considered

A

Executive Order 11478

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25
Q

Responsibilities: Enforces most of EEO laws
- investigate and resolve discrimination complaints
- gather information
- issue guideline

A

EEOC

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26
Q

Agency responsible for enforcing executive orders that cover companies doing business with federal government

A

Office of Federal Contract Compliance

27
Q

Written affirmative action plan consisting of:
Compares race, sex, and ethnic composition of employers workforce with available labor supply

A

Utilization Analysis

28
Q

To achieve balance in workforce (especially characteristics that are underutilized)

A

Goals and Time tables

29
Q

examine Er AAP
On-site visits examine how employees perceive employers’ AAP policies

A

Annual OFCCP audits

30
Q

EEOC:
Disparate treatment
Disparate impact
Reasonable Accommodation

A

3 types of discrimination

31
Q

Employer intentionally treats individuals differently because of color, race, religion, sex, national origin, age, or disability

A

Disparate treatment

32
Q

Legal Flow: Disparate treatment
Prima Facie: prove defendant or employer committed illegal act through circumstantial or direct evidence

A

Plaintiffs Burden

33
Q

Legal Flow: Disparate treatment
BFOQ (bona fide occupational qualification)
Necessary or preferred characteristics warrant different treatment (MOVIES)

A

Defendants rebuttal

34
Q

Legal Flow: Disparate treatment
Defendant acknowledges some discriminatory motive but argues same hiring decision would have been reached even without motive

A

Mixed motive cases

35
Q

Neutral employment practice disproportionatley excludes a protected group from employment opportunities “Facially neutral” Intent is irrelevant

A

Disparate Impact

36
Q

Prima Facie

A

Plaintiffs Burden

37
Q

If hiring a minority rate is less than 4/5 (80%) of hiring rate for majority group

A

Four-fifths rule

38
Q

Uses actual probability distributions to determine adverse impact (wards cove packing v. Atonio)

A

Standard Deviation Rule

39
Q

Defendants Rebuttal:
Employment practice is related to legitimate employer goal

A

Business Necessity

40
Q

Defendants Rebuttal:
Plaintiffs rebuttal

A

Other employment practices could sufficiently meet the employers goal without adverse impact

41
Q

Reasonable Accommodation:
- Employees must demonstrate legitimate religious belief
- Employee must provide the employer with notice of need to accommodate
- Employee must advise adverse consequences occurred due to employer failure to accommodate

A

Accommodation for religion

42
Q

Employee must show qualified applicant with disability
employee must advise that adverse action was taken by a covered entity

A

Accommodation for Disability

43
Q

EEOC Class Actions
Pattern and Practice Lawsuits
Statistical disparities within company groups
The individual acts of intentional discrimination suggest statistical disparity is a function of employers’ larger culture
Promotion and or pay procedures leave too much discretion to managers and lead to unconsous bias

A

Plaintiffs attempt to show three things

44
Q

EEO and Retaliation:
Employee expresses to someone through proper channels in an organization that they believe an illegal employment act has or is taking place

A

Title VII bars employers from retaliation against employees for: Opposition

45
Q

Employee testifies in investigation, hearing, or court proceeding regarding an alleged illegal employment act

A

Title VII bars employers from retaliation against employees for: participation

46
Q

EEO and Sexual Harassment

A

unwanted sexual advances

47
Q

Benefit or punishment contingent on employees submitting or not submitting to sexual advances

A

Quid pro quo

48
Q

workplace behaviors of others make it difficult for employees to work

A

Hostile work environment

49
Q

Increased litigation of 50% of compounds without reasonable cause an d original intent not met only 9.4% complaints deal with hiriing issue

A

Outcomes of ADA

50
Q

EEO and Gender Equity:
May be across job roles or only at highest organizational levels

A

Pay equity

51
Q

EEO and Gender Equity:
Not at the highest levels

A

Equity in representation

52
Q

Amends Title VII to include sexual orientation and gender identity as protected classes

A

Proposed Equality Act of 2017

53
Q

Authorizes federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce

A

OSHA

54
Q

Employee rights under OSHA:
Employer has a duty to furnish each employee a place of employment free from recognized hazards

A

General Duty Clause

55
Q

Publishes occupational safety and health standards

A

NIOSH

56
Q

Conducted by compliance officers who follow a tight script of four components

A

OSHA inspections

57
Q

Compliance officer reviews employers’ records of deaths, injuries, and illnesses
2. Compliance officer conducts a walk-around tour of employers premises
3. employee interviews may take place during the tour
4. compliance officer discusses findings with employer

A

Osha inpsection

58
Q

Compliance office can issue a citation to employer that specifies the exact practice or situation the violates the act
employer must post the citation

A

Citations and Penalites

59
Q

Go beyond OSHA compliance to install symbolic and substantive changes in employers emphasis on saefty

A

Employee safety awareness programs

60
Q

Breaks job into basic elements that are rated for potential harm

A

Job hazard analysis technique

61
Q

causes of past accidents, communicate employees risk though various media

A

Technic of operations review

62
Q

Reward employees for support and commitment to safety goals- begin with short term goals then expand

A

Reinforce safe practices

63
Q
A

HRM Final (6 decks)

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