Legal Concerns In HR Flashcards
The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sec, age (kind of), disability, or national origin
Equal employment opportunity (EEO)
Government’s efforts to achieve EEO include: (4)
Constitutional amendments
Legislation
Executive orders
Court rulings (ultimate interpretation)
Abolished slavery
Covers all individuals
Enforced by courts
13th amendment
Equal employment opportunity (EEO)
The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sec, age (kind of), disability, or national origin
Provided equal protection for all citizens and requires due process in state action
Covers state actions (e.g., decisions of government organizations)
Enforced by courts
Fourteenth Amendment
Grants all citizens the right to make, perform, modify, and terminate contracts and enjoy all benefits, terms, and conditions of the contractual relationship
Covers all individuals
Enforced by court system
Civil rights acts (CRAs) of 1866 and 1871
Requires that men and women performing equal jobs receive equal pay
Covers employers engaged in interstate commerce
Enforced by EEOC
Equal Pay Act of 1963
Forbids discrimination based on race, color, religion, sex, or national origin
Covers employers with 15 or more employees working 20 or more weeks per year; labor unions; and employment agencies
Enforced by the EEOC
Title VII of CRA
Prohibits discrimination in employment against individuals 40 years of age or older
Covers employers with 15 or more employees working 20 or more weeks let hear; labor unions; employment agencies; federal government
Enforced by EEOC
Age discrimination in employment act of 1967
Require affirmative action in the employment of individuals with disabilities
Covers government agencies; federal contractors and subcontractors with contracts greater than $2500
Enforced by OFCCP
Rehabilitation act of 1973
Treats discrimination based on pregnancy-related conditions as illegal sex discrimination
Covers all employees covered by Title VII
Enforced the EEOC
Pregnancy discrimination act of 1978
Prohibits discrimination against individuals with disabilities
Covers employers with more than 15 employees
Enforced by EEOC
Americans with Disabilities Act of 1990
Requires affirmative action in hiring women and minorities
Covers federal contractors and subcontractors with contracts greater than $10000
Enforced by OFCCP
Executive Order 11246
Prohibits discrimination (same as Title VII) Covers same as Title VII, plus applies section 1981 to employment discrimination cases Enforced by EEOC
Civil rights act of 1991
Prohibits discrimination because of genetic information
Covers employers with 15 or more employees
Enforced by EEOC
Genetic Information Nondiscrimination Act of 2008
Allows employees to claim discriminatory compensation within a set time after receiving a discriminatory paycheck
Covers employers covered by the Title VII of CRA, Age Discrimination in Employment Act, and Americans with Disabilities Act
Enforced by EEOC
Lilly Ledbetter Fair Pay Act of 2009
Forbids states from taking life, liberty, or property without due process
Equal protection of the laws
Applies only to government groups/private groups with government ties
Fourteenth Amendment
Men and women doing equal work in an organization must be paid the same
Equal in terms of skills, effort, responsibility, and working conditions
Equal Pay Act of 1963
When are pay differences allowed?
If different seniority, merit, quality, quantity, etc.
Title VII of CRA 1964 prohibits employers from discriminating based on: (5)
Race Color Religion Sex National origin
Who does the CRA of 1964 apply to
Organizations that employ 15 or more employees
What prevents employers from retaliating against “opposing” employees
Civil rights act of 1964
Organizations (with govt connections) must engage in affirmative action for individuals with disabilities and to make reasonable accommodations for them
Vocational rehabilitation act (1973)
Discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
Benefits, including health insurance, should cover pregnancy as any other medical condition
Pregnancy Discrimination Act (1978)
Civil Rights Act (CRA) of 1871
Granted all citizens the right to sue if they feel they have been deprived of some civil right
Americans with disabilities act (ADA) of 1990
Prohibits discrimination based on disability in all employment practices
Federal contractors and subcontractors must take affirmative action toward employing veterans of the Vietnam War (9/5/64 to 5/7/75)
Vietnam Era Veteran’s Readjustment Act
Pregnancy Discrimination Act (1978)
Discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
Benefits, including health insurance, should cover pregnancy as any other medical condition
Prohibits discrimination based on disability in all employment practices
Americans with disabilities act (ADA) of 1990
Physical or mental impairment that substantially limits one or more major life activities, a record of, or being regarded as having such an impairment
Mental disorders are covered
Disability
Employers must take steps to make reasonable accommodations for individuals covered by the act as long as (3)
It is not economically prohibitive (undue hardship)
It does not interfere with core job tasks
It does not put the public at risk
Amends CRA 1964 by adding compensatory and punitive damages in cases of discrimination under Title VII and the ADA.
Civil rights act of 1991
Equitable relief
Legal costs and lost wages/benefits
Compensatory/punitive damages
Punishment, fine
When are compensatory/punitive damages allowed
When discrimination was intentional or reckless
Employer size vs. damage limit
15-100 $50,000
101-200 $100,000
201-500 $200,000
500+ $300,000
Prohibits use of genetic information in making decision related to the terms, conditions, or privileges of employment
Forbids unintentional collection and harassment of employee because of genetic information
Genetic Information Nondiscrimination Act of 2008 (GINA)
Genetic Information includes
A person’s genetic tests, genetic test of the person’s family members, and family medial histories
Genetic Information Nondiscrimination Act of 2008 (GINA)
Prohibits use of genetic information in making decision related to the terms, conditions, or privileges of employment
Forbids unintentional collection and harassment of employee because of genetic information
Complaints to the EEOC must be filed within how many days
Within 180 days of the incident
How many days does the EEOC have to investigate a complaint
60 days
After the EEOC has performed an investigation, who makes decisions about what will happen next?
The courts
Disability
Physical or mental impairment that substantially limits one or more major life activities, a record of, or being regarded as having such an impairment
Mental disorders are covered
Civil rights act of 1991
Amends CRA 1964 by adding compensatory and punitive damages in cases of discrimination under Title VII and the ADA.
Vietnam Era Veteran’s Readjustment Act
Federal contractors and subcontractors must take affirmative action toward employing veterans of the Vietnam War (9/5/64 to 5/7/75)
Vocational rehabilitation act (1973)
Organizations (with govt connections) must engage in affirmative action for individuals with disabilities and to make reasonable accommodations for them
Equal Pay Act of 1963
Men and women doing equal work in an organization must be paid the same
Equal in terms of skills, effort, responsibility, and working conditions
Fourteenth Amendment
Forbids states from taking life, liberty, or property without due process
Equal protection of the laws
Applies only to government groups/private groups with government ties
Who is responsible for enforcing civil rights laws and executive orders that cover companies doing business with the government
Office of Federal Contract Compliance Procedures (OFCCP)
Office of Federal Contract Compliance Procedures (OFCCP)
Responsible for enforcing civil rights laws and executive orders that cover companies doing business with the government
Top 5 charges filed with the EEOC
Retaliation Race Disability Sex Age
Intentional discrimination where employer knowingly discriminated based on the individual’s race, color, religion, sex, national origin, age, or disability status
Disparate/adverse treatment
Three types of evidence for disparate/adverse treatment
Direct, inferred, or mixed
Disparate/adverse treatment
Intentional discrimination where employer knowingly discriminated based on the individual’s race, color, religion, sex, national origin, age, or disability status
Defenses for disparate treatment
Stray remarks
Bona fide occupational qualifications (BFOQ)
Stray remarks
- not strong defense
- discriminatory words or phrases that do not result in actual discrimination in employment
Bona fide occupational qualifications (BFOQ)
Legitimate criteria on which to discriminate on the basis of protected class status Only apply to qualifications that affect an employee's ability to do the essential elements of the job Necessary (not merely preferred) qualification for performing a job
BFOQs (3)
Authenticity
Customer preferences
Concern for the welfare of employees
Authenticity BFOQ
Gender, religion, age, etc. is absolutely necessary because it is part of the core task of representing the product, service, etc.
Ex. Clothing models, church
Customer preferences BFOQ
Gender, religion, age, etc. is necessary because customers like to deal with certain types of individuals in certain situations
Ex. Healthcare, massage, gym locker rooms, showers
Concern for the welfare of employees BFOQ
Some workers (esp. women) need to be protected from dangerous circumstances
A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
-focused on the practice rather than the motive
The policy or practice in question is not actually related to one’s capacity to perform important job functions
Disparate/adverse impact (DI/AI)
Disparate/adverse impact (DI/AI)
A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
-focused on the practice rather than the motive
The policy or practice in question is not actually related to one’s capacity to perform important job functions
Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority’s group is less than four-fifths the hiring rate for the majority group
-highlights the rate of hiring, not the number of employees hired
4/5 rule
4/5 rule
Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority’s group is less than four-fifths the hiring rate for the majority group
-highlights the rate of hiring, not the number of employees hired
Defenses against claims of disparate/adverse impact
The measure is clearly linked to specific job skills that have been identified through the process of a job analysis
There is substantial correlation between the measure and job-relevant criteria
If multiple, equally-valid, measures exist, then which one should be preferred
The one that results in the least disparate impact
Social policy aimed at reducing the effects of prior discrimination by taking extra effort to attract and retain minority employees
-established noting the goals for inclusion of individuals and timelines
Affirmative action (AA)
Affirmative action (AA)
Social policy aimed at reducing the effects of prior discrimination by taking extra effort to attract and retain minority employees
-established noting the goals for inclusion of individuals and timelines
Can this be done: advertising in publications targeted to women or minorities
Yes
Can this be done: recruiting at historically black universities
Yes
Can this be done: encouraging women and minorities to apply
Yes
Can this be done: set aside programs
No
Can this be done: preferring certain groups if qualifications are equivalent
Yes
Can this be done: providing additional training
Yes
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when
- submission to such conduct is made explicitly or implicitly a term of condition if an individual’s employment,
- submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual, or
- such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment
Sexual harassment
Sexual harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when
- submission to such conduct is made a term of condition of employment,
- submission to, or rejection of, such conduct is used as the basis for employment decisions, or
- such conduct has the purpose of effect of interfering with work performance or creating an intimidating, hostile, or offensive working environment
Means “this for that”
Quid pro quo
Quid pro quo
Means “this for that”
Person makes a benefit (or punishment) contingent on an employee’s submitting to (or rejecting) sexual advances
Faragher v Boca Raton results
Employer must exercise “reasonable care” and can be found liable for harassment by their employees
Policy must take swift, immediate, action to solve sexual harassment issues
Organizations can prevent sexual harassment by (4)
Developing a policy that defines and forbids it
Training employees to recognize and avoid this behavior
Providing a means for employees to complain and be protected
Taking speedy corrective action
Authorized the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce
Employers have a general duty to furnish each employee a place of employment free from recognized hazards
Established OSHA
Occupational safety and health (OSH) act
5 employee rights under the OSH Act
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 the work site
Duties of OSHA (2)
OSHA inspections (random or "invited") Require employers keep records of illness/injury
OSHA inspections
OSHA must have a search warrant, but the inspector comes unannounced Review of records, walk around tour, employee interviews, such as findings Cash penalties (up to $20k per violation), required to make corrections, personal liability
Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury
Job Hazard Analysis Analysis Technique
Method of promoting safety by determining which specific element of a job led to a past accident
Technique of Operations
Technique of Operations
Method of promoting safety by determining which specific element of a job led to a past accident
Job Hazard Analysis Analysis Technique
Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury
Rip 2 causes of workplace injuries
Overexertion
Falls on same level
Fostering a safe workplace (5)
Implementing a safety incentive program to reward workers for their support of, and commitment to, safety goals
Set organizational and workgroup safety goals
Encourage suggestions from employees for improving safety in their job
Train employees
Target particular types of injuries that are “common” for certain jobs
