MGMT Exam 3 Flashcards - HRM legal environment
What is EEO?
the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, age, disability, or national origin.
What do efforts to create EEO include?
Efforts to create EEO include: constitutional amendments,
legislation, executive orders, court decisions
What is a protected class?
a group of people with a common characteristic who are legally protected from employment discrimination on the basis of that characteristic.
What are some exceptions that allow for differences in pay between men and women?
merit, seniority, incentive plans related to quality and quantity of production
What is retaliation and why are employees protected from it?
management cannot engage in any punitive actions against employees who elect to exercise their legal right to file claims with any EEO agency
What is affirmative action and what are the three major components of an affirmative action plan?
Three components are a reasonable self analysis; a reasonable basis for concluding action is appropriate; and reasonable action.
What is a reasonable accomodation?
modification or adjustment to a job or work environment that enables an otherwise qualified individual with a disability to perform the job.
What are the three main components of the CRA of 1991? What is the difference between actual, compensatory and punitive damages? What are the limits on punitive damages under this act?
Punitive damages: jury trials are to be used to determine punitive damages against guilt employers to punish them for such things as emotional pain & suffering in addition to actual (compensatory) damages. varies by employers up to $300,000
What is the Uniformed Services Employment and Reemployment Rights Act (1994)?
- Individuals who enter the military for a short period of service can return to their private-sector jobs without risk of loss of seniority or benefits.
- Can last up to five years.
- Employee must notify employer up front of obligation and has a specified period of time to apply for re-employment which is based on length of service.
What is the Genetic Information Nondiscrimination Act 2008?
Companies with 15 or more employees may not use genetic information in making decisions related to the terms, conditions, or privileges of employment. Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories. Forbids unintentional collection of this data and forbids harassment of employee because of genetic information
What is the Lily Ledbetter Fair Pay Act of 2009?
Covers not being paid the same as one’s co-workers, where the difference is due to race, color, religion, sex, national origin, age, or disability.
What was Executive order 11246 under Johnson?
- Private contractors with a $10,000 contract must follow CRA.
- Those with more than 50 employees and contract of over $50,000 have to have an affirmative action plan.
What was Executive order 11478 under Nixon?
- Private contractors with a $10,000 contract.
- Requires federal government to base all its employment decisions on merit and fitness.
What type of charge is most often filed with the EEOC?
Retaliation
What is the Uniformed Services Rights Act?
Employers must reemploy workers who left jobs to fulfill military duties for up to five years.
Should be in the job they would have held if they had not left to serve in the military
