Legal Issues in Employee Selection

Question 1

Before a complaint can be filed with the _____, an employee must utilize whatever internal resolution process is available within the organization. As a result, most organizations have formal policies regarding how discrimination complaints will be handled internally.

Answer 1

Equal Employment Opportunity Commission (EEOC)

Question 2

With a _____, employees take their complaints to an internal committee that makes a decision regarding the complaints. If employees do not like the decision, they can then take their complaints to the EEOC.

Answer 2

grievance system

Question 3

With _____, employees and the organization meet with a neutral third party who tries to help the two sides reach a mutually agreed upon solution. If they cannot reach a solution, the complaint can be taken to arbitration or to the EEOC.

Answer 3

mediation

Question 4

With _____, the two sides present their case to a neutral third party who then makes a decision as to which side is right. _____ and mediation differ in that the neutral third party helps the two sides reach an agreement in mediation, whereas in _____, the neutral third party makes the decision.

Answer 4

arbitration

Question 5

If _____ arbitration is used, neither side can appeal the decision. If non_____ arbitration is used, the parties can either accept the decision or take the case to court.

Answer 5

binding

Question 6

If a settlement cannot be reached, however, the case goes to a federal district court, with the EEOC representing (physically and financially) the person filing the complaint. When the district court makes a decision, the decision becomes _____. _____ is a judicial interpretation of a law and is important because it establishes a precedent for future cases.

Answer 6

Case law

Question 7

_____ means that a particular employment decision results in negative consequences more often for members of one race, sex, or national origin than for members of another race, sex, or national origin

Answer 7

Adverse impact

Question 8

The courts use two standards to determine adverse impact: _____ significance and _____ significance. Both standards must be met for a finding of adverse impact.

Answer 8

statistical, practical

Question 9

Types of _____

1. Quid Pro Quo
2. Hostile Environment

Answer 9

Harassment

Question 10

With _____, the granting of sexual favors is tied to such employment decisions as promotions and salary increases. An example of a _____ case of harassment is a supervisor who tells his secretary that she must sleep with him to keep her job. In _____ cases, a single incident is enough to constitute sexual harassment and result in the organization being liable for legal damages.

Answer 10

quid pro quo

Question 11

In a _____ case, sexual harassment occurs when an unwanted pattern of conduct related to gender unreasonably interferes with an individual’s work performance. Though men and women differ in their perceptions of what constitutes harassment, the courts have ruled that such conduct can include comments, unwanted sexual or romantic advances, or the display of demeaning posters, signs, or cartoons.

Answer 11

hostile environment