Risk Management Flashcards
A significantly different rate of selection in hiring, promotion, or other employment decisions that negatively and disproportionately impacts members of a specific race, gender, or ethnic group. It is unintentional discrimination, compared to disparate treatment, which is intentional.
Adverse impact (or disparate impact)
Also known as the 4/5ths or 80 percent rule, this analysis is used to assess disparate impact in employment practices (e.g., hiring, promotions).
adverse impact analysis
Find the number of units needed for zero loss or profit. (Formula: Break-even point = fixed costs / (price per unit –variable cost per unit; Format of result: # of units)
Break-even analysis
Repeated, aggressive behaviors that intentionally cause harm to another person.
Bullying
The negotiation of contracts between a representatives of workers and employers.
Collective bargaining
A labor contract between a unionized group of employees and their employer.
Collective bargaining agreement (CBA)
An organization’s potential exposure to material, financial, and other losses due to violations of laws, policies, and organizational processes.
Compliance risk
Allows an organization to decide if the benefits a program or project brings outweighs the expenses or costs. (Formula: Benefits –costs; Format of result: dollar value)
Cost-benefit analysis
The process of setting and implementing internal standards around the use, flow, accessibility, and management of data.
Data governance
An employment decision, practice, or policy that intentionally disadvantages members of a protected class. Compared to adverse impact, which is unintentional discrimination, disparate treatment is intentional.
Disparate treatment
Federal employment laws, case law, rules, guidelines, and enforcement agencies, as well as their implications for practice in human capital management such as:Minimum Wage and Overtime Pay -Fair Labor Standards ActWage Garnishment -Consumer Credit Protection ActChild Labor Protections (Nonagricultural Work) -Fair Labor Standards Act -Child Labor ProvisionsWorkers with Disabilities for the Work Being Performed -Fair Labor Standards Act -Section 14(c) Occupational Safety and Health Act(OSHA)§Health Benefits, Retirement Standards, and Workers’ CompensationEmployee Benefit Plans -Employee Retirement Income Security Act(ERISA)Continuation of Health Coverage –Consolidated Omnibus Budget Reconciliation Act (COBRA)Family and Medical Leave Act (FMLA)-Provides unpaid leave for up to 12 weeks for medical issues. The U.S. has no federally required paid time off.Patient Protection and Affordable Care Act (PPACA) §Other Workplace Standards*Lie Detector Tests -Employee Polygraph Protection Act§Work Authorization for non-U.S. citizens *General Information on Immigration, Including I-9 Forms -Immigration and Nationality Act oLaws Enforced by the Equal Employment Opportunity Commission§Title VII of the Civil Rights Act of 1964 (Title VII)§The Pregnancy Discrimination Act§The Equal Pay Act of 1963 (EPA)§The Age Discrimination in Employment Act of 1967 (ADEA)§Title I of the Americans with Disabilities Act of 1990 (ADA)§Sections 102 and 103 of the Civil Rights Act of 1991 §Sections 501 and 505 of the Rehabilitation Act of 1973 §The Genetic Information Nondiscrimination Act of 2008 (GINA) oLaws Impacting Education Organizations§Every Student Succeeds Act (ESSA)§Family Educational Rights and Privacy Law (FERPA) oLaws Impacting DataPrivacy§Fair Credit Reporting Act (FCRA)
Employment Law
Body that oversees the federal laws that protect employees and job applicants against discrimination.
Equal Employment Opportunity Commission(EEOC)
The following are four primary techniques for conducting this type of analysis: 1) total cost calculation; 2) cost-benefit analysis; 3) return on investment; and 4) break-even analysis.
Feasibility analysis
Harmful, unwanted, or bullying behavior that is based on protected class status such as race or gender.
Harassment
Negotiation strategy in which parties collaborate to develop mutually beneficial agreements. Also referred to as integrative bargaining and win-win bargaining.
Interest-based bargaining