Chapter 3 Flashcards by Jocelyn Lawrentz

Legislative, Executive, Judicial

3 Branches of U.S. Government

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Purpose: Enact laws that govern many of HR activities

Legislative

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House of representatives, senate

Legislative

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

Executive

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consists of President and regulatory agencies

Executive

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Purpose: decide legal challenges and litigation

Judicial

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

EEO

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EEO: Constitutional Amendments
- Abolished slavery

13th Amendment

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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

14th Amendment

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

Reconstruction Civil Rights Act (1866)

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

Reconstruction Civil Rights Acts (1866)

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

Reconstruction Civil Rights Act (1871)

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

Equal Pay act of 1963

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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

Title VII of the Civil Right Act of 1964

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

Age Discrimination in Employment Act of 1967

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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

Rehabilitation Act of 1973

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EEO: Congressional Legislation
Requires affirmative action toward employing Vietnam veterans

Vietnam Era Veterans Readjustment Assistance Act of 1974

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

Pregnancy Discrimination Act

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

Civil Rights Act 1991

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

Americans with Disabilities Act 1990

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

Work place practices

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Issues and amended unilaterally by president

Executive orders

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

Executive order 11246

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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

Executive Order 11478

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

EEOC

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

Office of Federal Contract Compliance

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

Utilization Analysis

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

Goals and Time tables

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

Annual OFCCP audits

EEOC: Disparate treatment Disparate impact Reasonable Accommodation

3 types of discrimination

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

Disparate treatment

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

Plaintiffs Burden

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

Defendants rebuttal

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

Mixed motive cases

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

Disparate Impact

Prima Facie

Plaintiffs Burden

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

Four-fifths rule

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

Standard Deviation Rule

Defendants Rebuttal: Employment practice is related to legitimate employer goal

Business Necessity

Defendants Rebuttal: Plaintiffs rebuttal

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

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

Accommodation for religion

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

Accommodation for Disability

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

Plaintiffs attempt to show three things

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

Title VII bars employers from retaliation against employees for: Opposition

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

Title VII bars employers from retaliation against employees for: participation

EEO and Sexual Harassment

unwanted sexual advances

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

Quid pro quo

workplace behaviors of others make it difficult for employees to work

Hostile work environment

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

Outcomes of ADA

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

Pay equity

EEO and Gender Equity: Not at the highest levels

Equity in representation

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

Proposed Equality Act of 2017

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

OSHA

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

General Duty Clause

Publishes occupational safety and health standards

NIOSH

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

OSHA inspections

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

Osha inpsection

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

Citations and Penalites

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

Employee safety awareness programs

Breaks job into basic elements that are rated for potential harm

Job hazard analysis technique

causes of past accidents, communicate employees risk though various media

Technic of operations review

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

Reinforce safe practices

Chapter 3 Flashcards

Legal EEO OSHA