Chapter 3: Legal Issues in employee Selection (Reversed) Flashcards
grievance system
a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint
mediation
a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement
arbitration
a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct
Binding arbitration
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
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
Nonbinding arbitration
protected class
any group of people for whom protective legislation has been passed
ethnicity race religion or beliefs sex gender sexual orientation gender identity gender orientation gender expression civil status and HIV status
protected class in the Philippines
bona fide occupational qualification (BFOQ)
a requirement that is specific in a particular class and is necessary to perform a job such as sperm donor, wet nurse
adverse impact
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
two standards to determine _________
- statistical significance
- practical significance
two standards to determine adverse impact
four-fifths rule
when the selection of one group is 80% of the selection ratio of another group, adverse impact is said to exist
- it must be needed to perform the job
- it must be formally identified and communicated prior to the start of the selection process
- it must be consistently applied
three criteria for a minimum qualification:
- Bona fide occupation qualification
- national security
- Veteran’s Preference Rights
three exceptions of discrimination charge
quid pro quo
a type of harassment that involves granting sexual favors tied to employment decisions
hostile environment
a sexual harassment occurs when (a.) unwanted pattern of conduct related to (b.) gender unreasonably interferes with an individual’s work performance
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
How to prevent sexual harassment liability?
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.
entitles eligible employees to a minimum of 12 weeks of unpaid leave each year to deal with the following:
- Involuntary
a. government regulation
b. court order - Voluntary
a. Consent decree
b. Desire to be a good citizen
Reasons for affirmative action plan
an active effort to improve the employment or educational opportunities of members of minority groups and women sought to achieve a multicultural staff
Affirmative Action
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
affirmative action strategies
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
five criteria used to assess an affirmative action plan
a. perceived by coworkers less competent
b. have a tendency to devalue their own performance
c. receives negative behavior from coworkers
negative consequences for people hired or promoted on affirmative action plans
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
negative consequences can be reduced by:
a. drug testing
b. office and locker searches
c. psychological tests
d. electronic surveillance
employment practices that can cause potential privacy issues:
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
to avoid legal liabilities of invasion of privacy: