Chapter 4 (Workforce Planning and Employment) Flashcards
What did the Civil Rights Act of 1964 introduce?
The concepts of protected classes and unlawful employment practices to American business
What is disparate treatment?
Happens when employers treat some candidates or employees differently
What is disparate impact?
Practices that seem fair on their face but result in adverse impact on members of protected classes
What is a bona fide occupational qualification (BFOQ)?
Occur when religion, sex or national origin is “reasonably necessary to the normal operation” of the business
What is the Equal Employment Opportunity Act (EEOA) of 1972?
Provides litigation authority to the EEOC; extended coverage to education institutions, state and local governments and federal governments; reduced the number of employees needed to subject an employer to coverage from 25 to 15; required employers to keep records
What is the Pregnancy Discrimination Act (PDA) of 1978?
Clarifies that discrimination against women on the basis of pregnancy, childbirth, or any related medical condition is an unlawful employment practice
What is the Age Discrimination in Employment Act (ADEA) of 1967?
Purpose is to promote employment of older persons based on their ability rather than age; prohibits discrimination against persons 40 years or older; applies to businesses with more than 20 employees
How long must an employee be given to review a waiver under ADEA?
45 days
How long does one have to file a EEO complaint?
In states without Fair Employment Practices Agencies (FEPA), must file within 180 days o the incident.
In states with a FEPA, must file within 300 days of the incident
What is the Americans with Disabilities Act (ADA) of 1990?
Extended protected class status to qualified persons with disabilities; prohibits discrimination in hiring, advancement, discharge, compensation, job training and privileges;
What requirements are placed on employers under the ADA?
Must make reasonable accommodations unless they constitute an undue hardship that places excessive burden on the employer.
How does the ADA define Disability?
A physical or mental impairment that causes substantial limitation to one or more major life activities for an individual
How does the ADA define Major Life Activity?
General activity (caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, breathing, learning, reading, concentration, thinking, communicating, working) and Major bodily functions (functions of the immune system, normal cell growth, functions of the digestive, bowel, bladder, neurological, brain respiratory, circulatory, endocrine and reproductive systems
What is the purpose of the Civil Rights Act (CRA) of 1991?
To provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace; to codify the concepts of business necessity and job related (Griggs v. Duke Power Co); to confirm statutory authority and provide statutory guidelines; to respond to recent decisions of the Supreme Court
What is the Genetic Information Nondiscrimination Act (GINA) of 2008?
Prohibts employers from unlawfully discrimination against employees or their family members in any of the terms or conditions of employment included in Title VII.
What is the Rehabilitation Act of 1973, Sections 501, 503 and 505?
Was enacted to expand the opportunities available for persons with physical or mental disabilities; applies to agencies of the federal government and federal contractors with contracts of $10,000 or more during a 12-month period
What is the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974?
Applies to federal contractors or subcontractors with contracts of $25,000 or more; requires federal contractors to list all job openings with state employment agencies unless they are senior-level management positions
What is an Executive Order (EO)?
Presidential proclamations that, when published in the Federal Register, become law after 30 days.
What is EO 11246?
Established in 1965, prohibits employment discrimination on the basis of race, creed, color, or national origin and requires affirmative steps be taken in advertising jobs, recruiting, employing, training, promotion, compensation and terminating employees.
What is EO 11375?
Created in 1967, amended EO 11246 and expanded coverage for protected classes to include discrimination on the basis of sex
What is EO 11478?
Written in 1969, expanded the scope of EO 11246 by adding handicapped individuals and persons 40 years of age or older to the list of protected class
What is EO 12138?
In 1979, implemented the National Women’s Business Enterprise policy; required federal contractors and subcontractors to take affirmative steps to promote and support women’s business enterprises
What is EO 13087?
In 1998, expanded coverage to include sexual orientation
What is EO 13152?
Written in 2000, added status as a parent to the list of protected classes