Chapter 3: Equal Employment Opportunity Flashcards
Individual attributes such as race, age, sex, disability, or religion that are protected under EEO laws and regulations
Protected characteristics
EEO
Equal Employment Opportunity
Employment that is not affected by illegal discrimination
Equal Employment Opportunity
Decisions made without regard to individuals’ personal characteristics
Status-blind
EEOC
Equal Employment Opportunity Commission
DOL
Department of Labor
OFCCP
Office of Federal Contract Compliance Programs
2 main enforcement bodies for EEO
Equal Employment Opportunity Commission and the U.S. Department of Labor
Enforces employment laws for employers in both private and public workplaces
Equal Employment Opportunity Commission
Broad enforcement power and oversees compliance with many employment-related laws
U.S. Department of Labor
Enforces employment requirements set out by executive orders for federal contractors and subcontractors
Office of Federal Contract Compliance Programs
2 types of unlawful employment discrimination
Disparate treatment and disparate impact
Occurs when individuals with particular characteristics that are not job related are treated differently from others
Disparate treatment
Occurs when an employment practice that does not appear to be discriminatory adversely affects individuals with a particular characteristic so that they are substantially underrepresented as a result of employment decisions that work to their disadvantage
Disparate impact
Griggs v. Duke Power (1971)
Lack of intent is not sufficient for an employer to prove that a practice is lawful
Practice necessary for safe and efficient organizational operations
Business necessity
Provides a legitimate reason an employer can use to exclude persons on otherwise illegal bases of consideration
Bona fide occupational qualification (BFOQ)
BFOQ
Bona fide occupational qualification
Establish that illegal discrimination has occurred
Burden of proof
Occurs when employers take punitive actions against individuals who exercise their legal rights
Retaliation
The keystone of antidiscrimination employment legislation
Civil Rights Act of 1964
What is Title VII of the Civil Rights Act of 1964 about?
Employment section
Requires that employers show that an employment practice is job related for the position and consistent with business necessity
Civil Rights Act of 1991
Proactive employment practices to compensate for historical discrimination against women, minorities, and individuals with disabilities
Affirmative action
What are federal contractors required to develop and maintain?
Affirmative action program
AAP
Affirmative action program