Exam 1 flashcards
Employment laws
Equal Pay Act of 1963
Civil Rights Act of 1964
Age Discrimination Act of 1967
Polygraph protection Act, 1988
Disability Act of 1990
Family and medical leave Act of 1993
Civil Rights Act of 1991
Equal pay Act of 1963
Prohibits sex discrimination in payment of wages for identical jobs
Exceptions to the equal pay act that are legal
seniority system: Tying people’s wages to how long they worked
Merit system: People are given raises based on work performance
Quantity and Quality of production: Pay is based on the quantity and quality of the product produced
Any factor other than sex: supply and demand, market rate, etc
Title VI of the Civil Rights Act of 1964
Says cannot discriminate in hiring, firing, promotion, or access to apprenticeship programs based on race, sex, national origin or religion
Cannot preference specific race, gender, religion unless it is critical to the job
Cannot discriminate against a person or fire them if they filed a complaint or testify for a case against unlawful employment practices
Protected Classes
group of people protected under discrimination law and basis for alleging and pursing discrimination
Exceptions to Civil Rights Act
- Membership in private clubs, sororities, fraternities
- Law only covers people with 15 or more employees, if there is few it is legal
ex. family-owned businesses - B.F.O.Q ( Bona Fide Occupational Qualification) which is a legally authorized restriction granted to employers to refuse hiring based on sex, gender, race. However these B.F.O.Q never work
Age Discrimination Act of 1967
prohibits employment discrimination against persons 40 years of age or older.
Only covers people ages 40-70 as young people benefit from age discrimination
Civil Rights Act of 1991
- Outlawed the norming of selection tests including interviews
- Amended “Adverse impact” law
- Outlaws “norming” in selection
- Set roles/gender stereotypes
- Reverse discrimination
norming tests
set different raw cutoffs for applicants of different races, and genders such that each class would be expected to have roughly equal pass rates.
Adverse impact law
refers to employment practices that appear neutral but unintenionally discriminatory effect on a protected group
Reverse discrimination
occurs when a member of a majority experiences discrimination.
Hopkins v. Price Waterhouse
Case: Ann Hopkins sued her former employer Price Waterhouse for gender stereotyping
Court ruled gender stereotyping is actionable as sex discrimination and suitability for employment cannot be determined on how much they fit a stereotype
Bank v. Board of regions 1973
Post undergraduate named Baak sued a medical school that only accepted 100 students a year and reserved 16 non-caucasian seats. Baak argued he was discriminated against because he was white
Supreme Court ruled: Cannot set job quota in order to create more diversity
Consent decree
Court order used to settle litigation
Two exceptions to reverse discrimination job quota
- Company has clear or documented history of discrimination so that they were forced to create a quota
- Setup a quota if the court orders you to do it
Ricci V. Destotano
Case description: Objective examinations were used to choose promotions for firefighters. When white candidates had outperformed the minority candidates the test results were thrown out.
White, Latinos sued when they did not get their promotion.
Ruled in favor of Ricci and stated that disparate treatment cannot be used to avoid disparate impact.
Job evaluation
When you determine the dollar value for a job
Internal pay equity
Are people being paid fairly in comparison to other people in the organization
Three purposes for job evaluation
Internal pay equity
External pay equity
Implement comparable worth
External pay equity
Are people being paid fairly comparable to other people in other organizations
Implement comparable worth
When wages are based on the actual value of a job rather than market race history or tradition
External pay survey
Survey the local labor market
Psychometrics
the field in psychology devoted to testing, measurement, assessment and related activities.
Polygraph protection Act, 1988
States that you cannot be required to take a polygraph test, as a condition of employment
Reliability
Amount of measurement error a device possesses
Three exceptions to polygraph tests
Government jobs
Security firms/jobs
Any job that requires access to controlled substances (weapons, drugs, and explosives)
Adverse/Disparate impact
Unintentional discrimination
Grigg V. Duke Power
African American man named Griggs applied for janitor job, since he did not have a high school diploma he was rejected
The company made this condition of employment for racial discriminatory reasons since many Black Americans did not have a diploma
The court rules in favor of Griggs
4/5s or 80% rule
Says that adverse impact occurs when hiring rate of any minority protected class is less than 4/5ths of the hiring rate of the majority protected class
Plaintiff
a person who brings a case against another in the court of law
Americans with disabilities act of 1990
Organizations are required to make reasonable accommodations for disabled employees
Disabilities covered under Americans Disability act
Vision
Hearing
Speech
Seizures
Neurological problems
Cancer
Learning disabilities
Accommodations used for the Americans Disability Act
Flexible work schedules
Modification of equipment
Provision of special devices
Alternate training or selection procedures: Ex: Oral exam for dyslexic people
Undue burden
significant difficulty, including accommodations that are overly extensive or disruptive, or which could impact the actual running of a business.
What must be done for applicants to be covered by the Americans Disability act law
- Job applicants need to have a documented history of having this disability
- Must state in advance what reasonable accommodations they require
Family and medical leave Act of 1993
Law states that employers with 50 or more employees must provide up to 6 months of unpaid leave to employees to care for a child or sick relative
Sexual Harassment
Part of discriminating based on sex
Quid pro Quo and Hostile work environment is under sexual harassment
Quid Pro Quo
Employee give some work related bonus or threaten work related loss in exchange for sexual activity
Hostile work environment
Work situation that a reasonable person would find threatening or intimidating
How to win a case that sexual harassment occurred
- Provide evidence of quid pro quo and hostile work environment
- Have to show you clearly communicated to the organization that it happened and you want it to stop (organization is required to have a person you report too)
- Show that its happened again after you complained about it
How to determine if adverse impact had occurred
- Look what group is the majority group
- Hiring rate of the majority group and multiply it by 0.8
- Tuck that number aside and look at the other numbers of the minority less than that number and if there are numbers less, it is adverse impact
Basic concepts in measurement
Reliability
Validity
Reliability
Amount of measurement error that a device possesses