Term
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Definition
| all individuals should have equal treatment in employment-related actions |
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Term
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Definition
| recognizing the differences among people |
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Term
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Definition
| recognizing differences among items or people |
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Term
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Definition
| Individuals within a group identified for protection under equal employment laws and regulation |
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Term
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Definition
| considering race, color, religion, sex, national origin, disability, or age (or another protected class) of an individual when making an employment decision |
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Term
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Definition
| employers are urged to hire people based on underutilized protected class, to atone for or correct the past effects of historical discrimination |
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Term
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Definition
| Prohibits discrimination in employment on basis of race, color, religion, sex, or national orgin |
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Term
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Definition
| Overturns several past Supreme Court decisions and changes damage claims provisions |
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Term
| Pregnancy Discrimination Act of 1978 |
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Definition
| Prohibits discrimination against women affected by pregnancy, childbirth, or related medical conditions; requires that they be treated as all other employees for the employment- related purposes, including benefits |
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Term
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Definition
| Requires equal pay for men and women performing substantially the same work |
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Term
| Age Discrimination in Employment Act of 1967 |
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Definition
| Prohibits discrimination against persons over age 40 and restricts mandatory mandatory retirement requirements, except where age is a bona fide occupational qualification |
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Term
| Americans with Disabilities Act of 1990 |
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Definition
| Requires employer accommodations for individuals with disabilities |
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Term
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Definition
| Require federal contractors and subcontractors to eliminate employment discrimination and prior discrimination through affirmative action |
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Term
| Immigration Reform and Control Act of 1986 |
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Definition
| Establishes penalties for employers who knowingly hire illegal aliens; prohibits employment discrimination on the basis of national origin or citizenship |
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Term
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Definition
| intentional discrimination |
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Term
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Definition
| unintentional discrimination |
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Term
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Definition
Prima Facie Case
Employer's Rebuttal
Complaining Party's Rebuttal |
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Term
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Definition
1.Complaining party (CP) is a member of a protected class
2.CP applied and was qualified for the job in question for which the company was seeking applicants
3.CP was not hired in spite of qualifications (i.e., CP was subjected to an adverse action)
4.Job position remained open and company continued to seek applicants of equal or lesser qualifications (i.e., Similarly situated individuals not from the CP’s protected class with fewer or equal qualifications were not subjected to the adverse action) |
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Term
| Disparate Treatment Defenses and BFOQs |
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Definition
-Legitimate nondiscriminatory reason for the decision
-Bona Fide occupational qualification (BFOQ)
-Sex
-Religion
-National Origin
-Age |
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Term
| Employer's Defenses for Disparate Impact |
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Definition
-Challenge complaining party’s statistics
-Demonstrate that the practice (or “test”) causing the disparity (i.e., disparat impact) is. . . (there are 3 total options for defense here)???
-Job-related (i.e., valid),
-A business necessity, or . . .
-A BFOQ
-Job-relatedness is established through a process known as validation |
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Term
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Definition
| the test is an actual sample of the work to be performed |
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Term
| Criterion- Related Validity |
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Definition
| how well the test accurately predicts job performance |
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Term
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Definition
| uses new hires to provide data |
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Term
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Definition
| uses current employees to provide data |
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Term
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Definition
| Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature |
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Term
| The Family and Medical Leave Act of 1993 |
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Definition
-Covers all private-sector employers with 50 or more employees, including part timers, who work 1,250 hours over a 12-month period (an average of 25 hours per week)
-Gives workers up to 12 weeks of unpaid leave each year for:
-Birth, adoption, or foster care of a child within a year of the child’s arrival
-Care of a spouse, parent, or child with a serious health condition
-The employee’s own serious health condition if it prevents him or her from working
-Key salaried employees who are among the highest paid 10% can be exempted |
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