CHAPTER 3: LEGAL ISSUES IN EMPLOYEE SELECTION Flashcards
A branch of the Department of Labor charged with investigating and prosecuting complaints of employment discrimination.
Equal Employment Opportunity Commission (EEOC)
A process in which an employee files a complaint with the organization and a person or committee within the organization makes a decision regarding the complaint.
Grievance system
A method of resolving conflict in which a neutral third party is asked to help the two parties reach an agreement.
Mediation
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct.
Arbitration
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct and in which neither party is allowed to appeal the decision.
Binding arbitration
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct but in which either party may appeal the decision.
Nonbinding arbitration
The interpretation of a law by a court through a verdict in a trial, setting precedent for subsequent court decisions.
Case law
Any group of people for whom protective legislation has been passed.
Protected class
A selection requirement that is necessary for the performance of job-related duties and for which there is no substitute.
Bona fide occupational qualification (BFOQ)
An employment practice that results in members of a protected class being negatively affected at a higher rate than members of the majority class. Adverse impact is usually determined by the fourfifths rule.
Adverse impact
When the selection ratio for one group (e.g., females) is less than 80% (four-fifths) of the selection ratio for another group (e.g., males), adverse impact is said to exist.
Four-fifths rule
The extent to which a test or measure taps a knowledge, skill, ability, behavior, or other characteristic needed to successfully perform a job.
Job related
A type of sexual harassment in which the granting of sexual favors is tied to an employment decision.
Quid pro quo
A type of harassment characterized by a pattern of unwanted conduct related to gender that interferes with an individual’s work performance.
Hostile environment
The percentage of people in a given geographic area who have the qualifications (skills, education, etc.) to perform a certain job.
Qualified workforce
