Module 2 Flashcards
refers to the proposition of ensuring the equality of all individuals in employment opportunities, regardless of their race, sex, color, national origin, disability, and other characteristics
EEO
This legal framework of EEO is essentially based on two key acts
Title VII of the 1964 Civil Rights Act and Americans with Disabilities Act (ADA) of 1990.
This title states that an employee is protected from any form of discrimination based on race, color, religion, sex, or national origin from their employer
Title VII of the 1964 Civil Rights Act
Under this act, it aims to remove any form of disparity of wages based on gender or sex.
Equal Pay Act of 1963
Republic Act No. 5885 “Equal Pay for Equal Work”
This legislation was formed to protect employees aged between 40 and 65 years old
Age Discrimination in Employment Act of 1967
This act protects handicapped individuals from employment discrimination
Vocational Rehabilitation Act of 1973
This legislation prohibits discrimination of employment on the basis of pregnancy, childbirth, or any related medical condition
Pregnancy Discrimination Act of 1978
This generally refers to the documents and recommendations based on the various federal agencies in the United States
Federal Agency Guidelines
It is United States federal law that modified several existing laws to support the protection of civil rights against discrimination in the workplace
The Civil Rights Act of 1991
Here, the plaintiff must form a possible illegal discrimination done by the employer. With that, the employer must provide evidence to defend its actions
Burden of proof
With this CRA 1991, the employees and applicants can now sue for money damages in such cases.
Money Damages
the CRA 1991 observes situations where the employment decision by the employer may be influenced by both lawful and unlawful factors.
Mixed Motives
It is a federal law that refers to the prohibition of employment discrimination against individuals with disabilities
The Americans with Disabilities Act (ADA)
In this context, a person with or without disabilities must essentially perform the specific task in his/her job
Qualified Individual
This refers to individuals being accommodated to their needs for their disability
Reasonable Accommodation
Employers may argue that in some instances, providing the necessary accommodations may result in a significant hardship in the company such as expenses and impact on the operation of the business.
Undue Hardship
closely mirrors the 1990 ADA but expands the “disability” definition
The 2008 Americans with Disabilities Amendments Act (ADAAA)
refers to a person’s genetic predispositions as well as family medical history
genetic information
essentially protects individuals’ privacy and prohibits discrimination based on their genetic makeup
Genetic Information Nondiscrimination Act of 2008
similar to GINA but with respect to health insurance only
Genetic Information Nondiscrimination Health Insurance Act
it is defined as unwanted sexual advances, requests for sexual favors, or other sexually motivated verbal or physical activities that affects one’s employment.
Sexual harassment in the workplace
Philippine legislation against sexual harassment
Anti-Sexual Harassment Act of 1955 (RA no. 7877)
also know as the Bawal Bastos Law also addresses sexual harassment in public and private
Safe Spaces Act of 2019 (RA no. 11313)
This generally defines a favor or advantage granted or expected in return for something like hiring, promotion, or a raise to an employee
- Quid Pro Quo
physical repercussions are not required; it can be indirect, as long as a supervisor’s advances interfere with an employee’s performance and create an uncomfortable work atmosphere
Hostile Environment created by Supervisors
Harassment can also come from colleagues or nonemployees like customers
Hostile Environment created by Coworkers or Nonemployees
in which discriminatory acts occur frequently or severely, physically alarming and humiliating, and offensive to the point where they damage the victim’s well-being and productivity
hostile work environment
What the Employee can do
● Direct Communication
● Verbal and Written Reports
● Seeking Support
● Legal Consultation
which means intentional discrimination arises when an employer discriminates against an individual based on their membership in a specific race, religion, gender, or ethnic group, representing a form of deliberate and intentional bias
Disparate Treatment
that “an employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than on other employees, regardless of intent.
Disparate Impact
refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion
Adverse impact
Ways of Showing Adverse Impact:
Disparate Rejection Rates
Standard Deviation Rule
Restricted Policy
Population Comparisons
a test used by lawyers in categorizing cases of intentional discrimination or disparate treatment
McDonnell-Douglas Test
Approaching the Discrimination Law as the employer, one can claim that a certain employment practice as a __, reasonably necessary to the normal operation of that particular business or enterprise
Bona Fide Occupational Qualification (BFOQ)
BFOQ factors
Age
Religion
Gender
National Origin
is a type of defense created by the courts that requires showing that there is a primary business objective for the discriminatory practice and with that the practice can be considered as acceptable
Business Necessity
