CHAPTER 3: LEGAL ISSUES IN EMPLOYEE SELECTION Flashcards
It is a undergoing process when employee has a complaint
Legal Process
What are the three way process when an employee has a complaint?
- Resolve the complaint internally
- Filing a discrimination discharge
- Outcome of an EEOC investigation
What the three ways to process the complaint internally by the organization?
- Grievance process or the internal process
- Mediation - the third party
- Arbitration - which is the OOEC
It is a type of arbitration which two sides can appeal
Binding arbitration
It is a type of arbitration which they accept or not the decision
Nonbinding arbitration
It is a group of people protected by a legislation against discrimination
Protected class
It refers to employment practices that appear neutral but have a discriminatory effect on a protected group
Adverse impacts
It is a percentage not a raw scores
Adverse impacts
It is adetermination by an analyst that the results in the data are not explainable by chance alone.
It is a difference of two groups
Statistical significance
It refers to the magnitude of the difference, which is known as the effect size.
It is a difference of two groups at level high enough to suggest potential discrimination
Practical significance
It states that if the selection rate for a certain group is less than 80 percent of that of the group with the highest selection rate
Four Fifths Rule
It is the measurement of adverse impact
Four Fifths Rule
How employer say that a requirement is a job related?
- If the employement practice has no adverse impact
- Employment law is different from Criminal law
- If the job relatedness is measured through test
It is an exception of job related and adverse impact which a senior is given a rewardand not discriminated
Bona Fide Seniority System
It is an exception of job related and adverse impact which it is legal to discriminate based on the national origin or other protected class
Nationality Security
It is an exception of job related and adverse impact which veterans has additional points
Veteran’s Preference Rights
It is an unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated in the workplace
Harassment
It is a sole representative of gender
Gender pioneers
It is a small minority of the employees
Gender isolation
What are the two types of harassment?
Quid Pro Quo and Hostile environment
It is a harassment for salary and promotion increase
Quid Pro Quo Harassment
It is the unwanted pattern of conduct related to gender that interfere’s employee’s work performance
Hostile environment Harassment
What are the liabilities of organization for sexual harrasment/
- Organization should have well - concieved policy and communicated it to all employees
- If there’s a report, they should investigate quickly and shall make actions.
It is an act which employees has 12 weeks of unpaid leave each year
FMLA (Family Medical Leave Act)
It refers to a set of policies and practices within a government or organization seeking to increase the representation of particular groups.
A Legal concept concerns employment
Affirmative actions
What are the four strategies of affirmative actions?
- Monitor hiring and promotion statistics
- Intentional recruitment of minority applicants
- Removing practices against minority group
- Promotion of minority
What are the two reasons of affirmative action
Involuntary and voluntary actions
What is the involuntary affirmative action?
It has annual OEEC - 1 report
What is the voluntary affirmative action?
- Court order
- Consent decree
- Desire to be a good citizen
What are the five ways to determine the legality of the affirmative action plan?
- History of discrimination
- Beneficiaries of plan
- Population used to set goals
- Impact to minorities
- End point of the plan
What are the four privacy issues?
- Drug testing
- Office and Locker Searches
- Psychological testing
- Eletronic survaillance
