Legal Issues Flashcards
Equal Employment Opportunity (EEO)
Laws to ensure everyone’s equal opportunity in a workplace regardless of race, color, sex, religion, national origin, age, and disability
Discrimination
Giving an unfair advantage (or disadvantage) to a particular group in comparison with other groups
Equal Pay Act of 1963
Cannot pay women less money than men if both employees do work that is substantially the same
Exceptions of Equal Pay Act
- Seniority System
- Merit System
- System that measures earnings based on quantity or quality
- Any other factor than sex
Title VII of Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, religion, sex, or national origin in all aspects of employment
3 Exceptions to Title VII discrimination
- Bona fide occupational qualifications
- Seniority and merit system
- Testing or educational requirements
Executive Order 11246
Prohibits same discrimination as Title VII that is only directed at federal contractors. Adopted Affirmative Action
Affirmative Action
creates the expectation that companies make a positive effort to hire, train, and promote employees from groups who are underrepresented
Age Discrimination in Employment Act of 1967
Illegal to discriminate anyone 40 years or older.
- Pertains to employers who have 20 employees or more
Americans with Disabilities Act of 1990 (ADA)
Prohibits discrimination against qualified individuals with disabilities
Immigration Reform and Control Act (IRCA) of 1986
Requires workers to establish their eligibility to work in the US
- Created the I-9 Process
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
Reservists and National Guard called to active duty entitled to return to civilian employment after military service
- Escalator Principle
Vietnam Era Veterans’ Readjustment Assistance Act of 1974
Prohibits federal contractors from discriminating against specified veterans
- Includes Desert Storm and current engagements in the middle east
Genetic Information Nondiscrimination Act
Prohibits use of genetic information in employment decisions; strictly limits disclosing genetic information
Pregnancy Discrimination Act (1978)
Makes pregnancy a temporary disability requiring accommodation
WARN Act
Requires 60 days advanced notice of layoffs of 50 or more employees
Polygraph Act
Prohibits requiring applicants or employees to take a polygraph
Disparate Treatment
Focuses on intentional discrimination
Adverse Impact
A discriminatory effect of a policy or practice on a protected group, even if unintentional
80% Rule
Proof of adverse impact when the rate of one group is less than 80% of the group with the highest rates
The Office of Federal Contract Compliance of Programs (OFCCP)
Enforces:
- Executive Order 11246
- Affirmative Action of the Vietnam Veteran’s Readjustment Assistance Act
Equal Employment Opportunity Commission (EEOC)
Enforces:
- Title VII
- Age Discrimination Act
- Pregnancy Discrimination Act
- Title I and V of ADA
- The Rehabilitation Act
- The Equal Pay Act
- The Genetic Information Nondiscrimination Act
Who is responsible for sexual harassment in the workforce?
Employers are liable for acts of supervisors, co-workers, and by nonemployee
Diversity Management
The set of activities involved in integrating nontraditional employees (women and minorities) into the workforce and using their diversity to the firm’s competitive advantage
Stereotypes
Assuming that group averages or tendencies are true for each and every member of that group
