Midterms Flashcards
A branch of the Department of Labor
charged with investigating and prosecuting
complaints of employment discrimination.
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION (EEOC)
THE LEGAL PROCESS
Grievance system
Mediation
Arbitration
Binding arbitration
Non-binding arbitration
how discrimination complaints will be
handled internally.
The legal process
● a process in which an employee
files a complaint with the
organization and a person or
committee within the organization
makes a decision regarding the
complaint.
● 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.
Grievance system
● a method of resolving conflict in
which a neutral third party is asked
to help the two parties reach an
agreement.
● Employees and the organization
meet with a neutral third party who
tries to help the two sides reach a
mutually agreed upon resolution.
Mediation
● a method of resolving conflicts in
which a neutral third party is asked
to choose which side is correct.
● The two sides present their case to
a neutral third party who then
makes a decision as to which side
is right.
differ in that the neutral third party
helps the two sides reach an
agreement in mediation, whereas in
arbitration, the neutral third party.
Arbitration
a method of resolving
conflict in which a neutral third party is asked
to choose which side is correct and in which
neither party is allowed to appeal the
decision.
Binding arbitration
- a method of
resolving conflicts in which a neutral third
party is asked to choose which side is
correct but in which either party may appeal
the decision.
Non-binding arbitration
An EEOC complaint must be filed within ________, but within
300 days if the complainant has already filed
a complaint with a state or local fair-
employment practice agency.
180
days of the discrimination act
OUTCOMES OF AN EEOC INVESTIGATION
Charge Does Not Have Merit
Charge Has Merit
Case Law
the
governmental agency does not find merit,
one of two things can happen based on
whether the person filing the complaint
accepts the decision.
Charge Does Not Have Merit-
if the EEOC believes
that the discrimination charge has merit, it
will try to work out a settlement between the
claimant and employer without taking the
case to court.
Charge Has Merit-
the interpretation of a law by a
court through a verdict in a trial, setting
precedent for subsequent court decisions.
Case Law-
- is any group of
people for which protective
legislation has been passed.
Protected class
is any
group of individuals specifically
protected by federal law.
Federal protected class-
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.
ADVERSE IMPACT
A guideline used to determine if there is
adverse impact in the selection process of a
specific group. The rule states that the
selection ratio of a minority group should be
at least four-fifths (80%) of the selection ratio
of the majority group.
FOUR-FIFTHS RULE
TYPES OF HARASSMENT
Quid pro quo
Hostile environment
Pattern of behavior
Based on gender
Negative to the reasonable person
- a type of sexual harassment
in which the granting of sexual favors is tied
to an employment decision
Quid pro quo
- type of harassment
characterized by a pattern of unwanted
conduct related to gender that interferes with
an individual’s work performance.
Hostile environment