Legal Process Flashcards
Grievance system
Employees take their complaints to an internal committee that makes a decision regarding the complaints
Mediation
Employees and the org. meet with a neutral third party who tries to help reach a mutually agreed upon solution
Arbitration
Two sides present their case to a neutral third party who then makes a decision as to which side is right
- Binding: must adhere to the arbitrator’s decision and cannot appeal decision to court
- Nonbinding: parties can either accept the decision or take the case to court
Adverse Impact
Particular employment decision results in negative consequences more often for members in one sex, race, national origin, etc. than of another
Four-fifths rule
Percentage of applicants hired from one group is compared to the percentage of applicants hired in the most favored group
Gender pioneers
Sole representative of their gender
Gender Isolates
Small minority of employees in a particular work setting
Types of Harassment
> Quid Pro Quo
- granting sexual favors is tied to such employment decisions
- single incident is enough
> Hostile Environment
- sexual harassment occurs when an unwanted pattern of conduct related to gender unreasonably interferes with an individual’s work performance
- any pattern based on gender that causes discomfort to the employee
Affirmative action strategies
- Monitor Hiring and Promotion Stats (compare percentages of women and minorities in the org. with the percentages of women and minorities in the qualified workforce)
- intentional recruitment of minority applicants
- identification and removal of employment practices working against minority applicants and employees
- Preferential hiring and promotion of minorities
Privacy Issues
> Drug testing
-must be based on reasonable suspicion and with just cause
Office and locker search
-allowed as long as reasonable and with cause
Psychological tests
-Illegal if questions unnecessarily invade the privacy of an applicant
Electronic surveillance
-monitor employee behavior, email, internet usage and telephone conversation