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)
What is tolling?
The extension of the statute of limitations for title VII claims in which there is an ongoing pattern of discrimination occurring over an extended period (13)
What are examples of the types of information that may be requested in an EEOC investigation?
A complete census of each job category by race and sex
A record of all promotions and transfers over the past several years
Record of all disciplinary actions and the basis for them over the past several years (13)
What is A common reason an employer would not agree to participate in the EEOC’s mediation program?
They think the EEOC will fail to find “reasonable cause” that discrimination has occurred
Because they think mediation require them to offer a monetary settlement
Because they doubt the quality of the mediators (13)
What does it mean when a victim of discrimination is entitled to be made whole and to be restored to their “rightful place”?
The job, seniority level, and salary level that they would otherwise have held absent the discrimination.
This can include an award of the position the event a visual is wrongfully denied, backpay with interest, retroactive seniority (14)
Avoiding retaliation, maintaining confidentiality, and preparing a position statement are all good examples of what?
Properly handling EEOC complaints.(15-16)
What are examples of systemic discrimination?
Discriminatory barriers in recruitment and hiring
Restricted access to management trainee programs and executive positions
Exclusion of qualified women from traditionally male dominated jobs
Disability discrimination in preemployment inquiries
Age discrimination in reductions – in – force and retirement benefits
Discriminatory practices that cater to customer preferences (16)
What three events must occur for someone to be an applicant?
- The employer has acted to fill a particular position
- The individual has followed the employer standard procedures for submitting an application
- The individual has indicated an interest in the particular position (17)
True or false: employers are not legally required to reply in writing to all individuals who expressed an interest in employment?
True (17)
What are the types of data an employer should maintain on each applicant?
Applicants name,sex, race, job title applied for, the date of the application, the EEO category of the job, and the hiring decision (17)
What does adverse action refer to?
Action taken to try and keep someone from opposing a discriminatory practice (18)
Refusing to promote or firing an employee for filing a complaint of discrimination is an example of what?
Retaliation– Adverse action (18)
People who opposed unlawful practices, participated in proceedings,or requested accommodation related to employment discrimination are?
Covered individuals (18)
True or False: a colleague who is closely associated with someone engaging in protected activity is also a covered individual?
True (18)
What are three types of protected activity?
Opposition to a practice believed to be unlawful discrimination
Participation in an employment discrimination proceeding
Requesting reasonable accommodation based on religion or disability (18)
Complaining about discrimination,filing a discrimination charge, or refusing to obey an order believed to be discriminatory are examples of what?
Protected activity (18)
Filing a charge of discrimination, cooperating with an internal discrimination investigation, or serving as a witness in an EEO investigation are examples of what?
Protected activity (18)
The following situation is an example of what: the termination of a military reservist who’s supervisors had strong anti-– military biases that influence the termination decision.
Cats Paw – since the court held the employer liable for the enemas of a supervisor who is not charged with making the ultimate employment decision but was never the less able to influence the decision (18)
Private employers w/ 100+ employees and federal contractors w/ 50+ employees are required to submit which EEO-1 form?
Standard form 100 (20)
In what case did the Supreme Court determine that retaliation applies to more than just employment actions of hiring and firing; it entails the totality of how employees are treated?
Northern & Santa Fe Railway Co. V. White
Mixed motives analysis applies to violations of what?
Title VII, ADEA, FMLA, and ADA
If an employee can show that discrimination was one of the motivating factors in adverse action, what was the employer them prove?
Employer must prove that it would have taken the same action despite the supposed discriminatory animus (19)
In fiscal year 2017 what percentage of discrimination claims submitted to the EEOC were retaliation claims?
48.8% (19)
True or false: self – identification is the preferred method of obtaining ethnic and racial information on the EEOC form?
True (20)
What is the alternative to self identification on an EEOC form for an employer?
Employers may use the visual identification procedure and maintain a record of which method of identification was used (20)
Which executive orders are examples of affirmative action?
Executive order 8802 Executive order 11246 Executive order 11246 Executive order 11478 (21)
Executive order 8802 established what committee?
The committee on fair employment practices within the office of production management (20)
Which executive order establishes a nationwide 7% utilization goal for disabled employees?
Order 11246 (21)
Which federal office was created by executive order 11246?
The office of federal contract compliance programs OFCCP (21)
What is an affirmative action program (AAP)?
Defines the good faith efforts an employer is expected to make to hire and promote minorities, women, Vietnam era veterans, disabled veterans, and people with disabilities. (22)
What characteristics define a first-tier subcontractor?
Have 50 or more employees and $50,000 or more in contracts. These subcontractors must develop a written affirmative action program and establish equal employment opportunity goals(22)
What are the factors that determine whether or not a business unit is autonomous?
Has its own managing official
Is listed separately on an organizational chart
And/or operates under separate cost centers
(22)
A contractor may request permission to prepare this if the unit is autonomous and they are a multi Dash establishment company and service contractor?
Functional affirmative action program –FAAP (22)
If a company interested in becoming a federal contractor is found to be in compliance, it may be placed on what registry?
National pre-award registry (22)
Organizational display and workforce analysis are part of what?
Organizational profile (22)
What is an organizational display?
A detail chart of the organization structure that shows each organizational unit, the relationships between units, and the gender, race, and admissory of all employees within each unit. (23)
What is a workforce analysis?
A listing of each job title as it appears in payroll records rank from the lowest paid to the highest paid with in each organizational unit, along with the gender, race, and it necessity of incumbents within each job title. (22)
The job group analysis must include what information?
A list of the job titles that comprise each job group (23)
Comparing the percentage of minorities and women in each job group with the availability for those job groups is what?
Utilization analysis (23)
Underutilization happens when?
The percentage of minorities or women employed in a particular job group as last then would reasonably be expected given their availability percentage (23)
How does a contractor address underutilization?
Placement goals – targets to measure progress towards achieving equal employment opportunity
The loss of a company’s federal contracts
Debarment (24)
How the OFCCP notifies Contractor of preliminary finding of a pattern or practice of discrimination
Predetermination notice – PDN (25)
What is a right of response?
A contractors ability to refute and OFCCP’s officers finding by producing a legitimate, non-discriminatory reasons for his actions (25)
This notice from the OFCCP indicates that sufficient evidence exists that discrimination occurred
Notice of violation - NOV (25)
When a contractor violates the terms of a conciliation agreement
They will receive a notice of alleged noncompliance 15 – day notice (25)
Contractor has 30 days to come into compliance or there will be institution for enforcement proceedings
Show cause notice (25)
Statute of limitations for employees to file a complaint with the OFCCP
180 days (26)
Statute of limitations for filing a complaint with the OFCCP can be extended when?
Good cause it is shown (26)
Contractors must retain employment records for how long?
Two years (26)
Two-year employment record retention provision applies to contractors with how many employees and how many dollars in contracts?
At least 150 employees and $150,000 or more in contracts (26)
The 2019 minimum wage for federal contractors with construction, service and concession contracts
$10.60 (26)
The supreme court irder that a medical school accept a white male applicant who had higher interest test scores and some minorities who had been admitted
Regents of the University of California V Bakke, 1978 (27)
The supreme court ruling against a white male who was trying to get into a training program that has been jointly designed by the company and the union to help achieve its affirmative action goals
United steel workers versus Weber, 1979 (27)
Third circuit court ruling that the firing of a white teacher violated title VII since there was no manifest in balance caused by prior discrimination that the board’s action was intended to correct
Sharon taxman v. Board of Education of the Township of Piscataway 1996 (27)
Action programs and minority hiring programs violate title VII when?
There is no manifest in balance caused by prior discrimination (27)
Adarand Constructors, Inc. v. Pena, 93 –1841
Establishing racial classifications must be analyzed under strict scrutiny test – – racial classifications are constitutional only if they are narrowly tailored measures further compelling governmental interest
The age discrimination in employment act protects employees starting at what age?
40 (28)
The age discrimination in employment act - ADEA – excludes who from coverage?
Executives and high policy–making employees. These employees can be forced into retirement at age 65 (28)
What are the stipulations for an executive to be forced into retirement at age 65?
Held the position for two years or more immediately preceding retirement and
Be entitled to a retirement income of at least $44,000 per year exclusive of Social Security benefits (28-29)
True or false: employers are allowed to provide different health or medical benefits to older workers than younger workers?
False (29)
True or false: early retirement programs are allowed under ADEA?
True (29)
When can employer make adverse decisions against workers over age 40?
Age is a bona fide occupational qualification for performing the job
The decision is based on a valid seniority system
Disciplinary action or discharge is based on “good cause “
The action is based on “reasonable factors other than age”
What is “but for “causation?
In age discrimination claims, the employer must prove that H bias was the reason and only reason for the employer taking adverse action. (29)
The lawful reduction of life insurance coverage for older workers due to higher premiums to the employer is an example of what?
“Equal benefit or equal cost principle “ – provided by the older workers benefit protection act - OWBPA (29)
The ADEA applies to all private employers with how many employees?
20 or more employees (29)
The ADEA applies to government employers, employment agencies, and labor unions with how many members?
25 or more members (29)
And employee can claim age discrimination if what conditions exist?
The employee is at least 40 years of age
The employer was fired, demoted, or adversely affected
The employee had been performing the job well enough to meet the employer’s legitimate expectations (30)
Supreme court decision O’Connor v. consolidated coin caterers corporation
Older workers are not required to show they were replaced by someone under the age of 40
True or false: older workers can be treated more favorably than younger workers without fear of reverse discrimination violations ?
True (30)
And employee 40 or older can only be forced to retirement when?
There are job-related deficiencies in their performance (30)
Early retirement programs should follow what four guidelines?
ERISA coordination - summary plan description
Eligibility requirements that are clear and rational
Incentive that is fair and sufficient
Employee acceptance – participation must be knowing and voluntary, and employees must have a clear understanding of the early retirement offer, to consideration for excepting, and ample time for consideration (31)
Hallmarks of a good early retirement program (Wendy)
Understandable language
Can waive ADEA rights cannot waive EEOC
Claims after date signed
Cannot include things already being given (paid time off)
consult with attorney
21 days to consider, or 45 days of part of group-7 days to revoke
If part of group must be notified of class affected
Requiring performance of difficult, degrading, or boring jobs to force older workers to quit
Constructive discharge - age harassment (31) think uncle kens job or big John
What is the Ellerth/Faragher defense?
Clearly defined complaint system - well known to all employees
Charges of harassment are quickly investigated and resolved 32
Vocational rehabilitation act 1973
Prevents employment discrimination against people with disabilities. Applies to government contractors/subcontractors w/>$15k contracts. Additionally, government contractors/subcontractors w/>50 EEs & >$50k in contracts must develop written affirmative action programs for hiring and promoting the disabled.
Vietnam era veterans readjustment assistance act 1974
Prevents discrimination against all disabled veterans and specifically Vietnam veterans (whether disabled or not). Applies to government contractors/subcontractors w/>$25k contracts. Additionally, government contractors/subcontractors w/>50 EEs & >$100k in contracts must take affirmative action for hiring and promoting disabled veterans and Vietnam era veterans.
What is the job posting requirement specified by the Vietnam Era Veterans Readjustment Assistance Act (1974)?
Employers must list all job openings with the appropriate local state employment office nearest the facility – except executive and top management jobs, positions filled by promotion from within, and jobs last name three days or less.
Vocational rehabilitation act as amended applies to federal government contracts or subcontracts of what dollar amount
$15,000 (33)
Contractors and subcontractors with $50,000 or more in contracts and 50 or more employees are required to develop what type of written programs?
They are required to develop a written affirmative action programs for hiring and promoting the disabled
Vietnam. Era veterans Readjustment assistance act prohibits discrimination against disabled veterans generally and Vietnam era veterans (whether disabled or not) by federal contractors with…
$25000 or more in federal contracts. (33)
Requires employers with $150,000+ in contracts/subcontracts and 50+ employees to take affirmative action in employing and advancing disabled and qualified vets from Vietnam Era.
Vietnam Era Veterans Readjustment Assistance Act
Vietnam era veterans readjustment assistance act – specific affirmative action requirement regarding job listings
All job openings listed with local state employment office–
Except executive and top management jobs, positions filled by promotion from within, and jobs last in three days or less (34)
According to the ADA all employers with how many or more employees are required to avoid discrimination based on disability status and make reasonable accommodations to hire disabled people?
15+ employees (34)
Person with a disability is defined as an individual who:
Has a physical or mental impairment that substantially limits one or more major life activities such as caring for oneself, performing manual task, scene, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working
Has a record of such an impairment, such as cancer or heart disease
Is regarded as having such an impairment, such as being a former drug addict or alcoholic (34)
True or false: HR managers can often simply and safely assume the employee with common medical conditions are in fact disabled.
True (35)
True or false: employers have the right to request medical verification for conditions which are not obvious.
True-a failure on the part of the employee to provide verification may relieve the employer of the duty to accommodate (35)
What is Direct Threat?
Significant risk or substantial harm to health or safety of the individual or others that cannot be eliminated or educed by reasonable accommodation. (36)
How is direct threat determined?
Individualized assessment of individual’s present ability to safely perform essential functions of the job. (36)
Must pose a significant,specific,and current risk of substantial harm – not a speculative or remote concern
Arline v. School Board of Nassau County
Assessment of risk cannot be based on myths and fears about disability and disease (e.g. AIDS) (36)
In the hiring process, who’s responsibility is it to inquire about an accommodation, the employer or the applicant?
If an otherwise qualified person needs an accommodation, it is that person’s responsibility to request it, and the employer decides whether it is reasonable (38)
When can an employer ask an applicant how they would perform essential functions of a job?
When the applicant has an obvious disability. (38)