Chapter 3: Legal Issues in employee Selection (Reversed) Flashcards

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1
Q

grievance system

A

a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint

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2
Q

mediation

A

a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement

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3
Q

arbitration

A

a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct

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4
Q

Binding arbitration

A

a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which neither party is allowed to appeal the decision

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5
Q

a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which either party may appeal the decision

A

Nonbinding arbitration

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6
Q

protected class

A

any group of people for whom protective legislation has been passed

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7
Q
ethnicity
race
religion or beliefs
sex gender
sexual orientation
gender identity
gender orientation
gender expression
civil status and HIV status
A

protected class in the Philippines

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8
Q

bona fide occupational qualification (BFOQ)

A

a requirement that is specific in a particular class and is necessary to perform a job such as sperm donor, wet nurse

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9
Q

adverse impact

A

an employment practice that results in negative consequences more often for members of one, race, sex, or national origin,than for members of another race, sex, or national origin

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10
Q

two standards to determine _________

  1. statistical significance
  2. practical significance
A

two standards to determine adverse impact

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11
Q

four-fifths rule

A

when the selection of one group is 80% of the selection ratio of another group, adverse impact is said to exist

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12
Q
  1. it must be needed to perform the job
  2. it must be formally identified and communicated prior to the start of the selection process
  3. it must be consistently applied
A

three criteria for a minimum qualification:

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13
Q
  1. Bona fide occupation qualification
  2. national security
  3. Veteran’s Preference Rights
A

three exceptions of discrimination charge

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14
Q

quid pro quo

A

a type of harassment that involves granting sexual favors tied to employment decisions

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15
Q

hostile environment

A

a sexual harassment occurs when (a.) unwanted pattern of conduct related to (b.) gender unreasonably interferes with an individual’s work performance

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16
Q

a. have a well conceived policy regarding sexual harassment
b. have communicated that policies ti its employees
c. explain the types of harassment
d. include a list of names of the company officials to whom whom an employee should report any harassment

A

How to prevent sexual harassment liability?

17
Q

a. the birth or adoption of a baby
b. the serious health condition of the employee
c. the serious health condition of employees’ immediate family member.

A

entitles eligible employees to a minimum of 12 weeks of unpaid leave each year to deal with the following:

18
Q
  1. Involuntary
    a. government regulation
    b. court order
  2. Voluntary
    a. Consent decree
    b. Desire to be a good citizen
A

Reasons for affirmative action plan

19
Q

an active effort to improve the employment or educational opportunities of members of minority groups and women sought to achieve a multicultural staff

A

Affirmative Action

20
Q

a. monitoring hiring and promotion statistics
b. intentional recruitment of minority applicants
c. identification and removal of employment practices working against minority applicants and employees
d. preferred hiring and promotion for minorities

A

affirmative action strategies

21
Q

a. history of discrimination
b. beneficiaries of the plan
c. population used to set goals
d. impact on non-minorities
e. endpoint (deadline) of the plan- the plan must end when the goals have been obtained

A

five criteria used to assess an affirmative action plan

22
Q

a. perceived by coworkers less competent
b. have a tendency to devalue their own performance
c. receives negative behavior from coworkers

A

negative consequences for people hired or promoted on affirmative action plans

23
Q

a. giving positive information about the applicants abilities
b. using “diversity initiative” rather than “affirmative action”
c. being sensitive about how it promotes and implements its diversity and affirmative action efforts

A

negative consequences can be reduced by:

24
Q

a. drug testing
b. office and locker searches
c. psychological tests
d. electronic surveillance

A

employment practices that can cause potential privacy issues:

25
Q

a. tell employees that they are being monitored at the time of hire
b. get new employees sign a consent form indicating that they are being monitored

A

to avoid legal liabilities of invasion of privacy: