Hr Exam 1 chapter 3 Employment Flashcards
What is Equal Employment Opportunity (EEO)?
the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, age, disability, national origin, etc.
What are the four sources of legal constraints?
-Constitutional Law
protects us from the government
-Statutory Law (Legislation)
protects us from businesses
primarily what we’re focusing on
-Common Law (Court Decisions)
determined through other court cases and then set precedence – must use what the previous judge ruled
-Executive Orders
President sets something into action without the help of congress
Office of Federal Contract Compliance Programs (OFCCP)
What is forbidden against the protected classes?
-Discrimination
May occur in any area of employment
Hiring, compensation changes, training, job advertisements, promotions or transfers, recruitment efforts, testing, terminations, benefits
-Retaliation
Against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
-Harassment
Tangible job detriment (quid pro quo)
implicitly or explicitly a term of condition of an individual’s employment based on ‘sexual favors’
submission to or rejection of such conduct by an individual is used as the basis for employment decisions
-Hostile working environment (severe & pervasive)
has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. -> extremely subjective
Extremely horrible act of pervasive
Management does not stop
BFOQ
bona fide occupational qualification
necessary qualification of performing a job
EX.) Female worker hands out towels in a female locker room
Business Necessity
skill needed to perform a job
to prove: have to prove the test that is causing a discrimination is valid
conduct validation study
Reasonable accommodation
An employer’s obligation to do something to enable an otherwise qualified person to perform a job
Ex. adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs
Prima facie case
-made by the plaintiff – case stating that the employer participated in some form of discrimination
- In Disparate Treatment Case, plaintiff must demonstrate ALL of the following:
1. membership in a protected group
2. applied and was qualified for the job
3. was rejected despite qualifications
4. employer continued with applicant search - In Disparate Impact Case, plaintiff must demonstrate ALL of the following:
1. Points to a specific test
2. Shows violation of the ⅘ rule
Burden of Proof
On the defendant
valid reason and evidence to show non-discriminatory reason for rejection or business necessity for discrimination
Two types of illegal discrimination
-Disparate Treatment
Intentional discrimination against employee(s) because of race, color, religion, gender, or national origin
Rebuts with a legitimate, non-discriminatory reason for the rejection (had better provide objective data!) or establishes a BFOQ; AND/OR
-Disparate Impact
Unintentional discrimination due to employer’s human resource hiring practices systematically excluding members of a protected class
ex. pay, hiring, promotions, or training
ex. employee referrals
ex. height requirement for police officers are required – will disproportionately hire more men, but job necessity so not illegal
Burden of proof is on the defendant, who:
Rebuts with data showing compliance with “4/5 rule”; AND/OR
Rebuts with BFOQ or Business necessity defenses; AND/OR
Rebuts with test validity data
OSHA - Occupational Safety & Health Act of 1970
authorizes federal government to establish and enforce occupational safety and health standards for all places of employment responsible for: Inspecting employers applying safety and health standards levying fines for violation
Employees rights under OSHA
Request an inspection
Have a representative present at an inspection
Have dangerous substances identified
Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure
Have employer violations posted at work site
Four Steps to an OSHA Inspection
- Compliance officer reviews the org’s records of deaths, injuries, and illnesses
- Officer conducts a “walk around” tour of the org’s premises
- Employee interviews may be conducted during the tour
- Officer discusses the findings with employer, noting any violations
If needed, OSHA gives the employer a reasonable time frame to correct the violations
EEOC vs. OFCCP
-Equal Employment Opportunity Commission (EEOC)
Responsible for enforcing most of the EEO laws
investigates and resolves complaints about discrimination
gathers information
issues guidelines
monitors organizations’ hiring practices
Typically after discrimination happens
Complaints must be filed within 180 days of incident
EEOC has 60 days to investigate complaint
-Office of Federal Contract Compliance Procedures (OFCCP)
Responsible for enforcing executive orders that cover companies doing business with federal government
Audits government contractors to ensure they are actively pursuing the goals in their affirmative action plans
Typically before discrimination happens
Griggs vs. Duke Power - 1971
- laid precedent for Disparate Impact
- Applied for a job at Duke Power, but didn’t have a high school diploma. A diploma was required; thus, Duke Power was unintentionally only hiring caucasians (Griggs showed the ⅘ rule).
- Duke Power could not prove a high school diploma was a business necessity; thus, Griggs won.
McDonnell Douglas Corp vs. Green - 1973
laid precedent for Disparate Treatment
McDonnell Douglas laid people off, employees participated in a lock out, 3 months later released advertisement for more employees, Green applied but was not accepted due to his ‘participation in the lock out’ yet other employees were taken back
Green showed four things to prove his case:
membership in a protected group
applied and qualified
rejected
employer continues applicant search
