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COMPS > EEO Law/Legal > Flashcards

EEO Law/Legal Flashcards

1
Q

Civil Rights Act of 1964

A 
Equal Employment Opportunity
	Specifically, Title VII
Monitored by the EEOC 
Must offer equal opportunity regardless 
Race
Color
Religion
Sex
National Origin
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2
Q

consequences of discrimination

A 
Suspension Government Contracts 
Back-Pay to entire class of discriminants
Professional Image Impacted
Recruiting difficulties
Tenure difficulties
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3
Q

Title VII of Civil Rights Act of 1964 - Exceptions

A 
Bona Fide Occupational Qualifications (BFOQs)
	Seniority Systems
	Pre-employment Inquiries
	Testing
	Preferential Treatment 
	Veterans’ Preference Rights
	National Security
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4
Q

Civil Rights Act of 1991

A

Monetary Damages & Jury Trials
Compensatory & punitive limited to nonpublic employers
Adverse Impact (Unintentional Discrimination) Cases
Protection in Foreign Countries
Racial Harassment
Consent Decree Challenges
Mixed Motives
Seniority Systems
Race Norming & Affirmative Action
Extension to U. S. Senate & Appointed Officials

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5
Q

Equal Pay Act of 1963

A 
Amends FLSA 
(Fair Labor Standards Act) of 1938
Equal pay for equal work
Monitored by the EEOC
Exceptions allowed:
Seniority
Merit
Quantity / quality production
Any pay differential based on anything except gender
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6
Q

Employment Act of 1967

A

Age discrimination prohibited
Over 40 with
Recorded satisfactory work
Discharged in spite of satisfactory work &
position filled with a younger person

Monitored by the EEOC

Valid only if proven business necessity

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7
Q

Americans w/ Disabilities Act of 1990

A

15 or more employees
Physical or mental impairments
Or perceived as such
Monitored/enforced by EEOC

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8
Q

Judicial General Principles

A

Everyone hired at same time must receive equal opportunities

Employers bear burden of proof

Reverse discrimination also prohibited

Intent behind hiring practices irrelevant; if discrimination results, it is illegal

Job-related tests & measuring devices are legal

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9
Q

Judicial test development standards

A 
Job analysis based
Job relatedness verified
Reliable results
Unbiased job performance 	measures
Predictive validity 
minorities & nonminorities
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10
Q

list major cases for adverse impact

A

Griggs vs Duke Power 1971

Albermarle v. Moody 1975

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11
Q

When is adverse impact legal?

A
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12
Q

list Supreme Court cases relevant to ADEA, and what precedent they set

A

Smith vs. City of Jackson (2005)
Meacham vs. KAPL (2008).
Determined that the defense for adverse impact is different for ADEA compared with Title VII.

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13
Q

protected classes under Title VII?

A

race, color, religion, sex, and national origin

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14
Q

which entities are covered under Title VII?

A

private, state, local, and federal entities that employ 15 or more employees in each of 20 weeks of current or prior year

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15
Q

ADEA: when was it passed, who does it cover?

A

1967; covers people age 40 and over

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16
Q

Griggs vs. Duke Power 1971 implications

A
  1. The concept of covert discrimination – employers are accountable for discrimination even if it was unintentional
  2. Employment and selection practices must be job related and predictive of performance
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17
Q

content validity and legal defensibility

A

according to the Uniform Guidelines, a selection procedure based on inferences about mental processes cannot supported solely or primarily on the basis of content validity . Content validity is not sufficient for demonstrating validity for psychological selection measures.

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18
Q

Guidelines and cut off scores

A

where cut off scores are used, they should normally be set so as to be reasonable and consistent with normal expectations of acceptable proficiency within the workforce.

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19
Q

discuss the 4/5 rule

A

rule of thumb for computing adverse impact. According to the UG, a selection rate for any race, sex, or ethnic group which is less than 80% of the rate for the group with the higher rate will be evidence of adverse impact.

20
Q

Albemarle Paper Company vs. Moody

A

employed poor validation procedure when they could have easily done a better job with their validity study; do the best job with validity that can possibly be done with the given circumstances

21
Q

list the Practical Principles that are consistent with the guidelines

A
  1. arbitrary use: do not use any professionally developed test without consultation
  2. JA: treat JA as a prerequisite for any validation effort
  3. Technical advances: stay abreast of the major advances in the field of psychometrics
  4. statistical disparities: irrespective of legal meanings, investigate all statistical disparities
  5. technical feasibility: Do the best that can be done under existing circumstances
22
Q

List methods for minimizing adverse impact

A 
subgroup norming 
banding
alternative tests 
manipulating test content
discarding test results
23
Q

court rulings pertinent to methods for reducing adverse impact

A

alternative tests: endorsed in Johnson vs. City of Memphis (2006)

manipulating test content: endorse in Hayden vs. Nassau County (1995(

Discarding tests: struck down in Ricci vs. DeStefano (2009)

24
Q

Race-Conscious banding

A

no court has upheld race preference as the sole basis for selection from within bands; it must accompany other considerations. Also, most rulings favoring race conscious banding have featured court ordered attempts to prevent or resolve class action lawsuits ; in summary, There are some instances where restricted forms of race conscious banding have been supported, but usually involve consent decrees. Race can’t be the sole basis for selection in basically any case though.

25
Q

what do the Uniform Guidelines say about using alternative selection procedures as a method of reducing adverse impact?

A

use the procedure that has less adverse impact when 2 or more procedures are equally valid

26
Q

United States vs. Georgia Power (1973)

A

validation strategy must comply with EEO guidelines
validation must include affected groups
testing must be standardized

27
Q

Connecticut vs. Teal

A

a company must examine every part of a multi step selection program for adverse impact

28
Q

Rudder vs. District of Columbia

A

content validity is acceptable for defending adverse impact
job analysis and ensuring adequate representation of minority groups in data collection is essential
clear links must be shown between JA information test questions and correct answers

29
Q

major laws affecting EEO

A 
Equal Pay Act 1963
Title VII 1964
ADEA 1967
EEOC Act 1972
Pregnancy Discrimination 1978
ADA 1990
Civil Rights Act 1991
Uniformed Services Act 1994
30
Q

Equal Pay Act 1963

A

equal pay for equal work

merit, incentive pay, seniority exceptions

31
Q

Title VII 1964

A

prohibits discrimination based on race, color, religion, sex, national origin
Minimum N for private employers = 15

32
Q

EEOC Act 1972

A

expanded coverage to state and local governments and to public and private educational institutions

strengthened enforcement power of EEOC

33
Q

ADA 1990

A

prohibits discrimination based on mental or physical disability or chronic illness
“reasonable accommodations”
minimum n for private = 15

34
Q

Civil Rights Act 1991

A

Allows compensatory and punitive damages for intentional discrimination

Established maximum damages, based on organization size

35
Q

Uniform Guidelines: adverse impact

A

Rejection (for all areas of employment) of a significantly higher percentage of a protected group in the population under consideration

The 4/5ths rule

  1. Determine selection rate for each group
  2. Selection rate for the protected group should be at least 80% of that for the unprotected group, or the company is at legal risk.

Standard deviation analysis and other statistical procedures

36
Q

Uniform Guidelines: The McDonnell Douglas Test

A

a test of adverse impact

  1. The person is a member of a protected class.
  2. The person applied for a job for which he or she was qualified.
  3. The person was rejected, despite being qualified.
  4. After rejection, the employer continued to seek other applicants with similar qualifications.
37
Q

Uniform Guidelines: Workforce Utilization Analysis

A

The process of classifying protected class members by number and type of job held

38
Q

Albemarle Paper vs. Moody 1975 implications

A

Placed stronger requirement on employers to demonstrate the job-relatedness of tests.

39
Q

Wards Cove Packing vs. Antonio implications

A

at the time, Found that the charging party has the burden of proof

Statistical disparities alone are not enough, the disparities must be for qualified individuals

BUT
The Wards Cove case was largely overturned by the Civil Rights Act of 1991.

Hence, when a statistical disparity exists, the burden of proof is on the employer to demonstrate the job-relatedness of tests and selection practices.

40
Q

Uniform Guidelines: list relevant court cases

A

Griggs vs. Duke Power 1971
Albemarle Paper vs. Moody 1975
Wards Cove Packing vs. Antonio

41
Q

Sexual Harassment relevant court cases

A

Meritor Saying vs. Vinson 1986
Harris vs. Forklift Systems 1993
Burlington vs. Ellerth 1998

42
Q

Meritor vs. Vinson 1986

A

Employers are guilty of hostile work environment when they know or should have known about unlawful conduct and did not take corrective action

43
Q

Harris vs. Forklift Systems

A

The harassing action does not need to cause psychological injury

As long as a reasonable person would see it as hostile or abusive, it is illegal

44
Q

Burlington vs. Ellerth 1998

A

Sexual harassment can take place even when there is no tangible job detriment

45
Q

Bona Fide Occupational Qualification

A

BFOQ

Permits discrimination where employer hiring preferences are a reasonable necessity for the normal operation of a business.

Business necessity - a work-related practice that is necessary to the safe and efficient operation of an organization

COMPS (10 decks)

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