Section 2.1 Talent Planning/Aquisition Flashcards
Rights Granted by Section 1981
Guarantees all US citizens have the same right in every state and territory to make and enforce contracts (applies to employment contracts)
Non-discrimination in creation, performance, modification, term of contracts as well as all benefits of the contract.
List classes protected under Title VII of Civil Rights Act of 1964
race
color
religion
sex
national origin
Changes implemented by Civil Rights Act 1991
- Shifting the burden of prof
- Particularity
- Foreign Practices
- Race Norming
- Motivating Factors
- Remedies
BFOQ (define, examples)
Bona Fide Occupational Qualifications : only ok to discriminate based on religion, sex etc when the it is a BFOQ of the job
Never race
Examples: locker room attendant, actor/actress, wet nurse, escort
disparate treatment vs disparate impact
treatment: a person is treated differently because of race, religion, sex, national origin. Must prove a motive
impact: unintentional discrimination but tends to significantly reduce the #s of minorities or females . Must show how the action had a discriminatory effect.
EEOC’s Role Enforcing Title VII
has jurisdiction over charges that arise under the title. Can investigate, attempt to reconcile, bring suit in federal court, issue a notice of right to sue
EEO Reporting Requirements
- Must file within 180 days (300 with exceptions)
- Employers must provide all info requested
Adverse Impact
4/5 rule
A selection rate for any race, sex, or ethnic group which is less than 4/5 or 80% of the rate for the group with the highest rate will be evidence of adverse impact.
Firefighters: of 74% of whites pass a test- 80% of that is 59%… so if less than 59% of blacks pass it is adverse
Provisions of Order #4
Requires Govn’t contractors to develop affirmative action programs and prohibits racial discrimination or disabilities
7% utilization goal
must document # of disabled applicants/#hired
Role of OFCCP
Office of Federal Contract Compliance Programs
Holds those who do business with the federal government responsible for complying with legal requirements re: affirmative action. Monitors AA programs
Requirements of Aff Action
- If 50+ employees have written Af Action program with analysis/components:
Organizational Profile
Job Group Analysis
Placement of Incumbents in job groups
Determining Availability
Comparing incumbency to availability
Placement Goals
Designation of Responsibility
ID Problem Areas
Action Oriented Programs
Internal Audit/Reporting
Reverse Discrimination
The complaint that white males have stating they are unfairly disadvantaged by efforts to help other classes. But they are equally protected
Coverage of Age Discrimination in Employment Act
Passed 1967
Protects anyone 40 and over
Excludes executives and high policy making employees
Prohibits discrimination in hiring, promoting, training, benefits, $, etc.
Much less reach, employers can make decisions based on reasonable factors other than age (RFOA)
Can treat older more favorable than younger
Provisions of ADA
Protects people w disabilities from discrimination
Must make reasonable accomodations
can be denied if employment is a “direct threat” to health or safety of org
Severe restrictions on hiring process to prevent disc
Genetic Information NonDiscrimination Act
Protects individuals on the basis of their genetic info or family info
Illegal to use genetics to deny health benefits or to raise premiums
Prohibits requesting/acquiring genetic info unless on accident or required for certifications like FMLA or monitoring toxic exposure effects or used in wellness programs with permission
