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MGT 3070 > Chapter 3 - Providing Equal Employment Opportunity and a Safe Workplace > Flashcards

Chapter 3 - Providing Equal Employment Opportunity and a Safe Workplace Flashcards

1
Q

Equal Employment Opportunity (EEO)

A

condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability or national origin

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2
Q

13th amendment

A

abolished slavery

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3
Q

14th amendment

A
  • forbids states from taking life, liberty, or property without due process of law
  • prevents states from denying equal protection of discrimination
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4
Q

Civil Rights Act of 1866

A

granted all persons same property rights as white citizens

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5
Q

Civil Rights Act of 1871

A

granted all citizens right to sue in federal court if they feel they have been deprived of some civil right

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6
Q

Equal Pay Act of 1963

A

men and women in an organization doing the same work must be paid equally

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7
Q

Title VII Civil Rights Act of 1964

A
  • prohibits employers from discriminating based on:
    • > race, color, religion, sex, national origin
  • applies to organization that employ 15 or more
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8
Q

Age Discrimination in Employment Act (ADEA)

A

prohibits discrimination against workers who are over the age of 40

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9
Q

Vocational Rehabilitation Act of 1973

A
  • covered organizations must engage in affirmative action for individuals with disabilities
  • employers are encouraged to recruit qualified individuals with disabilities and make reasonable accommodations to them
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10
Q

Vietnam Era Veteran’s Readjustment Act of 1974

A
  • requires federal contractors and subcontractors to take affirmative action toward employing Vietnam War veterans
  • covers veterans who served between Aug. 5th, 1964 and May 7th, 1975
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11
Q

Pregnancy Discrimination Act of 1978

A
  • defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
  • benefits, including health insurance, should cover pregnancy and related medical conditions same as others
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12
Q

Americans with Disabilities Act of 1990 (ADA)

A
  • protects individuals with disabilities from being discriminated against in the workplace
  • prohibits discrimination based on disability in all employment practices
  • employers must take steps to accommodate individuals covered
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13
Q

Compensatory Damages

A

being compensated for something you lost

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14
Q

Punitive damages

A

intended to punish

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15
Q

Civil Rights Act of 1991

A
  • adds compensatory and punitive damages in cases of discrimination under Title VII and ADA
  • amount of punitive damages is limited by the act and depends on size of organization charged
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16
Q

Uniformed Services Rights Act

A
  • employers must reemploy workers who left jobs to fulfill military duties for up to five years
  • should be in the job they would have held if they had not left to serve in military
17
Q

Genetic Information Nondiscrimination Act of 2008 (GINA)

A
  • employers may not use genetic information in making decision related to terms, conditions, or privileges of employment
  • includes a person’s genetic tests, genetic test of person’s family, and family medical histories
  • forbids unintentional collection of this data
  • forbids harassment of employee because of genetic information
18
Q

Executive Order 11246

A
  • prohibits federal contractors/subcontractors from discriminating based on race, color, religion, sex, or national origin
  • employers whose contracts meet minimum size requirements must engage in affirmative action
19
Q

Executive Order 11478

A
  • requires federal government to base all its employment decisions on merit and fitness
  • also covers organizations doing at least $10,000 worth of business with federal government
20
Q

EEOC complaints…

A
  • must be filed within 180 days of incident

- 60 days to investigate complaint

21
Q

Office of Federal Contract Compliance Procedures (OFCCP)

A
  • responsible for enforcing executive orders that cover companies doing business with feds
  • audits government contractors to ensure they are actively pursuing goals in their affirmative action plans
22
Q

3 steps of affirmative action

A
  1. Utilization Analysis - comparing your workforce to the population of the area in which you recruit to determine full utilization
  2. Goals and Timetables
  3. Action
23
Q

Disparate Treatment

A

differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status

24
Q

Bona Fide Occupational Qualification (BFOQ)

A
  • necessary qualification for performing a job

- Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job

25
Q

Disparate Impact

A

condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities

26
Q

Four-Fifths Rule

A

rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group

27
Q

Reasonable Accommodation

A

employer’s obligation to do something to enable an otherwise qualified person to perform a job

28
Q

Undue hardship

A

when a company cannot accommodate a disability because it will be too much of an expense to the company to be reasonable

29
Q

Types of Sexual Harassment

A
  • Quid Pro Quo: if you do this for me, I’ll do this for you
  • Creating a hostile work environment: make it difficult for a person to work at a company…
    • > making inappropriate jokes
    • > sending inappropriate pictures of oneself
30
Q

Organizations prevent sexual harassment by…

A
  • developing and communicating a policy that defines and forbids it
  • training employees to recognize and avoid this behavior
  • providing a means for employees to complain and be protected
31
Q

Occupational Safety and Health Act (OSHA)

A
  • authorizes feds to establish occupational safety and health standards for all places of employment engaging in interstate commerce
  • responsible for…
    • > inspecting employers
    • > applying safety and health standards
    • > levying fines for violation
32
Q

OSHA General Duty Clause

A

each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death/serious physical harm

33
Q

OSHA Specific Duties

A
  • employers must keep records of work-related injuries and illnesses
  • employers must post an annual summary of these records from Feb. 1st to April 30th in the following year
34
Q

Employee Rights under OSHA

A
  1. Request an inspection
  2. Have a representative present at an inspection
  3. Have dangerous substances identified
  4. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure
  5. Have employer violations posted at work site
35
Q

Enforcement of OSHA

A
  • OSHA responsible for inspecting businesses, applying safety and health standards, and levying fines for violations
  • OSHA regulations prohibit notifying employers of inspections in advance
36
Q

Job Hazard Analysis Technique

A

safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury

37
Q

Technic of Operations Review (TOR)

A

method of promoting safety by determining which specific element of a job led to a past accident

38
Q

Reinforcing Safe Practices

A
  • implementing a safety incentive program to reward workers for their support of and commitment to safety goals
  • start by focusing on monthly or quarterly goals
  • encourage suggestions
39
Q

Promoting Safety Internationally

A
  • cultural differences make this difficult
  • laws, enforcement practices, and political climates vary from country to country
  • companies may operate in countries where labor standards are far less strict than in the US

MGT 3070 (4 decks)

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