(Chapter 3) Workforce Planning and Management Flashcards
Doctrine that prohibits discrimination against applicants and employees due to certain personal characteristics like race, color, sex, and other protected classifications
Equal Employment Opportunity
The independent federal agency that enforces federal laws prohibiting employment discrimination
US Equal Employment Opportunity Commission (EEOC)
Federal law that prohibits employment discrimination on the basis of race, color, religion, national origin, or sex
Title VII of the Civil Rights Act of 1964
Federal law that amends title VII to prohibit discrimination against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act (PDA)
Federal law that makes it illegal to pay different wages to men and women if they perform equal work in the same workplace
Equal Pay Act of 1963
Federal law that prohibits discrimination against applicants or employees based on age (those 40 or older)
Age Discrimination in Employment Act of 1967 (ADEA)
Federal law that prohibits employment discrimination against qualified people who have a disability.
Title I of the Americans with Disabilities Act of 1990 (ADA)
Federal law that prohibits discrimination against qualified employees or applicants with disabilities in the federal government
Rehabilitation Act of 1973
Federal law that prohibits discrimination against employees or applicants because of genetic information
Genetic Information Nondiscrimination Act of 2008 (GINA)
What federal law prohibiting discrimination applies to all businesses with at least ONE employee?
Equal Pay Act of 1963
The Equal Pay Act, Title VII, PDA, ADA, and GINA all apply to businesses with how many employees?
15+
The Age Discrimination in Employment Act (ADEA) applies to all businesses with how many employees?
20+
Intentional bias against a protected class
Disparate treatment
When a process or procedure is designed in a way that is discriminatory against a certain protected class
Disparate impact
What Supreme Court case set the precedent for disparate impact, and what was the ruling?
Griggs v. Duke Power Co.; the employer has the burden of showing that any selection process is job-related AND lack of intent doesn’t make the practice lawful if it inadvertently causes discrimination based on a protected class
Changes or adjustments that do not create an undue hardship for an organization
Reasonable accomodations
Harassing conduct that creates an intimidating or offensive work environment with enough frequency or severity that this conduct would affect a reasonable person’s performance
Bullying
When bullying behavior is based or targeting on an individual being part of a protected class
Illegal harassment
When is harassment OUTSIDE of the workplace also likely to be considered illegal?
When there is a link with the workplace (Example: a manager harassing an employee while driving an employee to a meeting)
Occurs when employment outcomes are linked to sexual favors
Quid pro quo
A work environment with intimidating or offensive working conditions that impact an individual’s ability to work or perform their job
Hostile work environment
The first case in which the Supreme Court recognized a hostile work environment characterized by sexually inappropriate conditions as discrimination under Title VII?
Meritor Savings Bank v. Vinson
What were the outcomes of both the Burlington v. Ellerth and Faragher v. City of Boca Raton cases?
Even if an employer is unaware of harassment, the organization is still liable when harassment is perpetrated by a supervisor
Taking an adverse action against an employee or applicant because they complain about harassment, raise concerns about violations, or engage in other protected behavior
Retaliation
What did the Supreme Court case Green v. Brennan find regarding the filing period for an aggrieved employee?
The filing period for a workplace discrimination complain begins once the employee gives notice of resignation, not at the date of resignation
The work environment is unbearable to the point that an employee of a protected class feels they have no other choice than to quit their job
Constructive discharge
A legitimate reason to exclude a person based on a protected class that would otherwise be illegal
Bona fide occupational qualification (BFOQ)
A formal allegation that an employer has discriminated against the complainant
Charge of discrimination/EEO Complaint
What is the only law enforced by the EEOC that does not require a charge of discrimination?
Equal Pay Act
Private sector employers with more than ___ employees must make workforce data available to the EEOC via an EEO-1 Report
100