Chapter 3: Legislation Flashcards
Know the Equal Pay Act of 1963.
Addresses pay inequities between men and women, and requires equal pay for equal work
Permits exceptions based on seniority, merit, or performance
Discrimination can be based on:
Conscious or unconscious sex bias and stereotyping
Gender role socialization
Sex segregation occurs when at least 70% of incumbents in a particular job are male or female
Limits effectiveness of Equal Pay Act
What is the role of the EEOC?
equal employment opportunity commission (EEOC)
Promotes equality of opportunity in the workplace and enforces federal laws that prohibit discriminatory practices:
- Investigates complaints of discrimination
- Conciliates when complaints are deemed meritorious
- Litigates when efforts to resolve complaints through conciliation are unsuccessful
- Issues guidelines to assist employers in interpreting and complying with laws
Understand title VII of the Civil Rights Act and what it covers.
Prohibits employment discrimination on the basis of race, color, religion, sex, and national origin
- Disparate treatment: Employee is treated differently because of membership in a protected class
- Disparate/adverse impact: Occurs when an apparently neutral employment practice has a negative effect on the employment of people belonging to protected classes
Supreme court in 2020 ruled that discrimination based on sexual orientation and gender identity is covered under Title VII’s prohibition based on sex.
Know what affirmative action is and what is required by organizations.
AAP: written programs or plans that help employers identify areas in which women, minorities, persons with disabilities and vietnam-era veterans are underutilized in the employers’ workforce
utilization analysis: comparing the number of underrepresented groups in the surrounding ore relevant labor market with the number of those groups within the organization
Know facts regarding age discrimination and ADEA
The Age Discrimination in Employment Act (ADEA) of 1967
Prohibits employment-related discrimination against persons who are aged 40 and older
Prohibits:
- Age-based harassment
- Retaliation for filing a claim of discrimination
- Employment decisions based on stereotypes about an individual’s ability based on older age
Know facts about sexual harassment in the workplace.
Sexual Harassment:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that:
- Explicitly or implicitly interfere with a person’s employment
- Unreasonably interfere with an individual’s work performance
- Create an intimidating, hostile, or offensive work environment
What are some ways in which a company can pursue diversity?
affirmative action plans
EEOC enforcement guidelines
Federal bonding program: Measure taken by the U.S. Department of Labor to guarantee the job-honesty of at-risk job seekers
Name some things you can do when any of the protected classes under title VII are underutilized.
Programs to assist employers include:
EEOC enforcement guidelines
Federal bonding program: Measure taken by the U.S. Department of Labor to guarantee the job-honesty of at-risk job seekers
affirmative action plans
What is disparate treatment?
Disparate treatment: Employee is treated differently because of membership in a protected class
Title VII-Disparate Impact
Apparently neutral discriminatory policy affecting those who possess criminal convictions
Caused the “ban the box” movement
Programs to assist employers include:
EEOC enforcement guidelines
Federal bonding program: Measure taken by the U.S. Department of Labor to guarantee the job-honesty of at-risk job seekers
coverage under title vii
- all private employers, state, and local govs, and education institutions that employ fifteen or more individuals for twenty or more weeks per year
- private and public employment agencies
- labor organizations (unions)
- joint labor-mgmt committees controlling apprenticeship and training
- companies incorporated or based in us or controlled by us companies that employ us citizens outside the united states or its territories
3 forms of harrasment
quid pro quo
- occurs when persons with authority make sexual demands and submission to or rejection of those demands i sused as a basis for employment decisions
hostile environment harassment
- unwelcome sexual conduct that has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile or offensive working environment
customers as harassers
- occupational hazard involving customers who create a hostile environment for which employers may be held liable
exceptions to title vii
bfoqs (bona fide occupational qualifications): refer to certain situations in which employers may require that all employees hold a certain characteristiic
business necessity: validity can be demonstrated by displaying that there is no alternative practice that would serve the same purpose without having the discriminatory effect
