Unit-2 Talent Planning & Acquisition Flashcards
Section 1981 (Early Civil Rights Act of 1866) applies to …
Employment contracts (union or nonunion) and guarantees all employees the right to non discrimination in creation, performance, modification, and termination of contracts + all benefits, privileges,terms and conditions of contractural relationship
Title VII - employers can discriminate on basis of what…when its bona fide occupational qualifications (BFOQ)
Religion,sex,or national origin (3)
True or False: Opportunities for training must be provided without discrimination
True (3)
A job applicant identifies an unnecessary qualification that minorities tend to lack
Particularity (4)
True or False: U.S. companies are expected to follow U.S. laws in foreign countries even if they conflict with local laws
False - Foreign Practices (4)
A black male employee is passed up for promotion based on poor performance and his behavior did not fit stereotypes of black males.
Motivating Factors (4)
An employee is awarded $100,000 in damages due to intentional discrimination.
Remedies (5)
True or False: tradition or customer service are sufficient BFOQ’s
False (5)
Business practices with discriminatory effects are only justified when…
Showing it is necessary to the safe and efficient operation of the business
Effectively fulfills the intended purpose
There are no alternative policies/practices (5)
Someone is Treated differently because of their race,sex,or national origin.
Disparate treatment (6)
A statement saying all members of an ethnic group are ineligible for employment
Direct evidence of discrimination (6)
An employer shows that all similarly situated employees were also laid off
Cohort analysis (6)
Human resource activity is shown to significantly reduce numbers of minorities or females employed
Disparate impact (6)
Prima fascie case - McDonnell Douglas v. Green (‘73)
- Protected minority
- Applied and qualified for advertised job
- Rejected despite qualifications
- Position stayed open seeking applicants w/ similar qualifications
Griggs v. Duke Power (‘71)
Selection procedures that exclude disproportionate number of minority employees(7)
Protects against racial harassment – epithets, derogatory comments,verbal harassment, etc
Title VII Civil Rights Act of 1964 (7)
Use of the word “boy” might show racial animus in context of tone,inflection,historical usage
Ash v. Tyson Foods 2006 (8)
Subtle forms of discrimination that limit career advancement
Glass ceiling (8)
True or False: Employers can fire or refuse to hire pregnant women
True - so long as they treat them The same as menin comparable situations (8)
Price Waterhouse v. Hopkins - Female is perceived as acting too masculine
Discrimination based upon NOT conforming to sex based stereotypes is prohibited sex discrimination. (9)
If an employee has a legitimate request for time off for religious observances such as the Sabbath or holidays…
Employer should try to accommodate the employees request absent and undue hardship (10)
What are examples of religious accommodations employers are expected to make?
Allowing a Muslim woman to wear a hijab
A Sikh to wear a turban
A Christian to wear across Exline a fundamentalist Christian or orthodox Jewish woman to wear a long skirt rather than pants or a short skirt
(10)
What is an example of de minimus action?
And employer having to pay overtime for another worker or for replacement worker(10)
The statute of limitations for filing a title VII claim is?
180 days, but can be extended to 300 days if there is an applicable state agency that also has a law prohibiting the same type of discrimination(13)