Term
| The right of all people to work and advance on the base of merit, ability and potential??? |
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Definition
| equal employment opportunity |
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Term
| gave rise to the civil rights movement which resulted in the passage of federal laws to insure equal employment opportunity??? |
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Definition
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Term
What did the Equal Pay Act of 1963 do?? |
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Definition
prohibts sex based discrimination in rates of pay for men an women working the same or similar jobs
part of the minimum wage section of the Fair Labor Standards Act |
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Term
| Under the Equal Payment Act, what are some things that pay can differ because of? |
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Definition
seniority
merit
quantity and quality of production
differential due to any other factor than gender
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Term
| The Title VII Civil Rights Act came about in what year? |
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Definition
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Term
| What does Title VII Civil Rights act of 1964 cover?? |
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Definition
disparate treatment and disparate impact discrimination under section 703
created the Equal Employment Opportunity Commission |
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Term
| 6 Organizations covered under Title VII Civil Rights Act?? |
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Definition
Private employers of 15 or more ppl employed 20 or more weeks per year
all educational institutions
state/local govt
public/private emloyement agencies
unions that maintain and operate hiring hall or office & have 15 or more memebers
joint labor-managment committess for apprenticeships and training |
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Term
| What does the Age Discrimination employment Act prevent? *ADEA* |
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Definition
| prohibits discrimination against employees over 40 years of age by all companies employing 20 or more ppl int he private sector |
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Term
| Who is responsible for enforcing the ADEA? |
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Definition
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Term
| 5 groups that are covered by ADEA?? |
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Definition
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Private employers of 20 or more for each working day in each of 20 or more calendar weeks in the current/preceding calendar year
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labor organizations
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employement agencies
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state/local govt
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fed govt agencies with certain differences(they cant be forced to retire at any age)
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Term
| What is the exception to the conditions of the ADEA? |
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Definition
| employees in a bona fide executive or high policy making position- permits mandatory retirement at age 65 for high level executives with pensions exceeding $44,000 a year |
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Term
ADEA section 4f- condition where ADEA does not apply??
(2) |
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Definition
1. age is a bona fide occupational qualification
2. it is not illegal for an employer to discpline or discharge an invidivual within the protected age group for good cause |
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Term
| 5 things the Rehabilitation Act permits/requires of employers?? |
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Definition
1. prohibits discrimination against handicapped ppl by emplyers with federal contracts and subcontracts in excess of $2500
2. requires written affirmative action plans from eployers of 50 ormore ppl and federal contracts of $50,000 or more
3. prohibits discrimination agaisnt handicapped ppl by federal agences
4. requires federal buildings to be accessible to handicapped ppl
5. prohibits discrim against handicapped ppl by recipients of federal finiancial assistance |
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Term
| Who is primarily responsible for enforcing the Rehabilitation Act? |
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Definition
| the Office of Federal Contract Compliance Programs of the Department of Labor |
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Term
| makes it illegal to hire, recruit, or refer for U.S. employement anyone knowsn to be an unauthorized alien? |
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Definition
| Immigration Reform and Control Act |
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Term
| 5 things under the Americans with Disabilities act that employers may NOT do??? |
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Definition
1. discriminate in hiring & firing against disabled ppl who are job qualified
2. inquire whether applicant has a disability
3. limit advancement opportunity for disabple ppl
4. use test or job requirements that tend to screen out disabled applicants
5. participate in contractual arrangements that discriminate against disabled |
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Term
| Under the ADA, what must emplyers DO? |
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Definition
| provide "resonable accomodations" for disabled employees but do not have to provide accommodations that impose "undue hardship" on business operations |
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Term
| ADA covers ____ ____ which is defined as impairment that substantially limits one or more of the major life activities of a person, or record of such impairment or being regarded as having such impairment.??? |
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Definition
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Term
| permits women, persons with disabilities, and persons who are religious minorities to have a jury trial and sue for punitive damages if they can prove intentional hiring and workplace discrimination??? |
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Definition
| Civil Rights Act of 1991 - covers all employers with 15 or more employees |
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Term
| Under the Civil Rights Act of 1991 - company must provide evidence tht the business practice leading to alleged discrimination was not discriminatory, but was job related and consistent with business necessity??? |
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Definition
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Term
| T/F - the Civil Rights Act of 1991 places a cap on the amnt of damages a victim of nonracial, intentional discrim can collect, based on the size of the firm??? |
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Definition
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Term
| Enables qualified employees to take prolonged unpaid leave for family and health-related reasons without fear of losing their jobs??? |
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Definition
| Family & Medical Leave Act |
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Term
How to employees qualify for the FMLA?
two things? |
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Definition
must have been employed for atleast a year
must have worked no less than 1250 hours within the previous 12-month period |
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Term
| Three times an employee can use the FMLA?? |
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Definition
they are seriously ill
immediate family members illness
birth, adpotion, or placement of foster care of a child |
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Term
| orders issued by the U.S. president for managing and operating federal govt agencies??? |
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Definition
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Term
| requires every nonexempt federal contractor and subcontractor not to discriminate against employees and applicants because of race, sex, color, religion, & national origin??? |
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Definition
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Term
| Who is exempt from the Executive Order 11246?? |
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Definition
| contracts and subcontracts not exceeding $10,000 |
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Term
| Who is responsible for administering the Executive Order 11246??? |
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Definition
| OFCCP within the Deptmnt of Labor |
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Term
| The equal opp clause in executive order 11246 reuqires contractors to agree to what??? |
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Definition
| include equal employment clause in every subcontract or purchase order so that provisions will be binding on each subcontractor or vendor |
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Term
| If the contractor does not comply with the order to include equal employment cluases in their contracts, what happens? |
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Definition
| the contract may be canceled, terminated, or suspended and after a hearing, the contractor may be declared ineligible for future govt contracts |
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Term
| What are the conditions that enforce a written affirmative action plan?? |
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Definition
| employers with 50 or more employees and contracts and subcontracts that exceed $50,000 |
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Term
| analyzes minority group representation in all job categories, past and present hiring practices, and upgrades,promotions, and transfers??? |
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Definition
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Term
| What gave the U.S office of personnel management authority to issue regulations dealing with discrimmination within federal agencies??? |
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Definition
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Term
| What amended Executive Order 11246 and prohibited sex-based wage discrimination of govt contractors?? |
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Definition
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Term
| no federal laws prohibit states from passion laws against discrimination in areas not covered by federal law as long as it does not require or permit an act that is unlawful under federal legislation??? |
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Definition
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Term
| What is a problem with equal employement laws?? |
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Definition
| ambiguities in language leave much room for interpretation by federal agencies that enforce laws, court decisions regarding laws often raise additional questions of interpretation |
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Term
| What was the outcome/importance of Griggs v. Duke Power Company?? |
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Definition
| consequences of employment practices, not simply intent or motivation of employer, are the thrust of Title VII in that practices that discriminate against one group more than another or continue past patterns of discrimination are illegal regardless of nondiscriminatory intent of employer |
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Term
Griggs v. Duke Power Company:
when plantiff shows that employment practice disproportionately excludes groups protected by Title VII, burden of proof shifts to defendent to prove that the standard reasonably relates to job performance??? |
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Definition
| disparate impact doctrine |
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Term
Griggs v. Duke power company:
EEOC's guidelines that permitted use of _________ are appropriate?? |
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Definition
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Term
| What was the outcome of McDonnel Douglas v. Green?? |
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Definition
| ruling set forth standards for burden of proof in discrimination cases |
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Term
| Complaninant in a Title VII case carries initial _____ in establishing a prima facie case of discrimination. and it can be done by showing ___ (4 things)??? |
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Definition
carries initial burden of proof
1. person belongs to a racial minority
2. person applied and was qualified for a job for which employer was seeking applicants
3. despite applicants qualifications, the applicant was rejected
4. after rejection, the position remained open and the employer continured to seek applicants from persons with complainants qualifications |
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Term
| If compainant establishes a _________ burden shifts to employer to provide a legitimate nondiscriminatory reason for rejection of applicant. Burden then shifts to applicant to prove that emplyers allegedly legiitmate reason was pretextual. |
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Definition
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Term
| Case that reaffirmed that test used in employement decisions must be job related and the use of EEOC guidelines in validating tests??? |
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Definition
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Term
| Case of reverse discrimination: alleged perferential treatment of one group (Minority or Women) rather than equal opportunity??? |
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Definition
| University of California Regents v. Bakke |
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Term
| in United Steelworkers of America v. Weber, the court ruled that the affirmative action plan was permissible because of 4 things which were??? |
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Definition
1. was designed to break down old patterns of segretation
2. did not involve discharge of innocent thirid parties
3. did not have any barriers to advancement of white employees
4. was a temporary measure to eliminate discrimination |
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Term
| What was the conclusion reached in Connecticut v. Teal??? |
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Definition
| bottom line percentages are not determinative |
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Term
| when overall selection process does not have an adverse impact, the govt will usually not examine indiviual components of that process for adverse impact or evidence of validity??? |
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Definition
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Term
| What was the deal with Memphis Firefighters, Local 1784 v. Scotts?? |
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Definition
| although not banning the use of affirmative action programs, this decision did indicate that a seniority system may limit use of certain measures |
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Term
| White firefighters could bring reverse discrimination claims against court-approved affirmative action plans?? |
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Definition
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Term
| Federal agency created under Civil rights act of 1964 to administer Title VII and to ensure equal employement opportunity, powers were expanded in 1979?? |
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Definition
| equal employement opportunity commission |
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Term
| How many members make up the EEOC and how are the appointed and what is their term? |
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Definition
| composed of 5 members not more than 3 of whom may be members of the same political party, members appointd by the president with advice and consent of the senate for a term of 5 years |
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Term
| General councel of commission is appointed by ___ with advice from the ____ for a term of ____ years and is responsible for conduction litigation under _____??? |
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Definition
president
senate
4
Title VII |
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Term
| What are the responsiblities of the EEOC & what do they have the authority to do? |
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Definition
-
investigate discrimination based on race, color, religion, sex, national origin, equal pay violations, age discrim, and disabled persons discrim.
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can intervene in civial action on behalf of aggrieved party
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develops and issues guidelines to enforce nondiscrim practices
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Term
| What does OFCCP stand for? |
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Definition
| office of federal contract compliance programs |
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Term
| What does the OFCCP do and how was it established? |
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Definition
responsible for ensuring equal employement opportunity by federal contractors and subcontractors
est. by executive oder 11246 |
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Term
| intentional discrimination; treatment of one class of employees differently from other employees??? |
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Definition
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Term
| unintentional discrimination; involving employment practices that appear to be neutral but adversley effect a protected class of people??? |
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Definition
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Term
| Who must comply with EEOC by keeping records?? |
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Definition
| all organizations with 20 or more employees must keep records that the EEOC or OFCCP can request |
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Term
| what are the EEOC posting requirements and what must be posted? |
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Definition
| Title VII requires employers, agencies, and labor organizations to post EEOC prepared notices summarizing requirements of Title VII, ADEA, euqal pay act, ADA, and civil rights act of 1991 |
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Term
| What is an Employer Information report (EEO-1) require and who must do it?? |
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Definition
employers with 100 or more employees are reuqired to file with EEOC
report requires a breakdown of employers workforce in specified job categories by race, sex, and national origin |
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Term
| How does the EEOC compliance process begin? What if the charging party is in a diff geographic location than respondent? |
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Definition
| individual may file a discrim charge at any EEOC office or with any representative of EEOC. if they are in diff places, office where charing party resides forwards the charge to office where respondent is located |
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Term
| statutory notice by the EEOC to charging party if EEOC does not decide to file a lawsuit on behalf of charging party??? |
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Definition
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Term
| Where are class action charges, or charges requiring extensive investigations processed? |
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Definition
| in the EEOC's office of systemic programs |
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Term
| What does the EEOC use to determine whether discrimination against EEOC protected groups has occured? |
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Definition
| they use employement parity and occupational parity |
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Term
| proportion of minorities and women employed by an organization equals proportion in organizations relevent labor market?? |
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Definition
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Term
| proportion of minorities and women employed in various occupations within an organization is equal to their proportion in organization's relevent labor market?? |
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Definition
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Term
| large differences in either occupational or employement parity??? |
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Definition
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Term
| georgraphical area in which a company recuirts its employees??? |
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Definition
| relevent labor market- companies can make diff relevent labor markets for diff. occupations |
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Term
| having fewer minorities or females in a job category than would reasonably be expected when compared to their prescense in the relevent labor market??? |
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Definition
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Term
| having more minorities or women in a job category than would resonably be expected when compared to their presence in the relevent labor market??? |
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Definition
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Term
| written document that outlines specific goals and timetables for remedying past discriminatory actions??? |
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Definition
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Term
| two groups that have affirmative actions plans monitored by OFCCP?? |
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Definition
| federal contractors/subcontractors with contracts over $50,000 an 50 or more employees, and all US govt agencies |
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Term
| Title VII and EEOC do/do not require any specific type of written affirmitive action plan, but court rulings often require affirmative action for discrimination??? |
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Definition
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Term
| what are the EEOC guidelines concering affimative actions plans for top managment of company? |
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Definition
1. ceo should issue a written statement describing personal commitment to plan
2. top official of org should be given authority and responsibility for directing and implementing program |
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Term
| How should progress of an affirmative action program be monitored?? |
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Definition
| by an internal audit and reporting system being established |
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Term
| permits an emplyer to use relgion, age, sex, national origin, as a factor in its employment practices when reasonably necessary to normal operation of that business?? |
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Definition
| Bona Fide occupational qualification (BFOQ) |
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Term
| What BFOQ is most frequently used?? |
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Definition
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Term
| Three categories that BFOQ normally fall within??? |
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Definition
1. ability to perform
2. same sex BFOQ that relates to accomodating personal privacy of clients/customers
3. customer preference BFOQ - customer states a desire to be served only by a person of a given sex |
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Term
| Courts generally reject BFOQ defense in the area of ______ & ______? |
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Definition
| ability to perform & customer preference |
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Term
| employer has a job criterion that is neutral, but excludes members of one sex at a higher rate than members of the opposite sex? |
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Definition
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Term
| The focus in business necessity is ont he _____ of stated job qualifications and their relationship to work performed?? |
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Definition
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Term
| when ____ is established an employer can refuse to consider all persons of a protected group. ??? |
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Definition
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Term
| when ______ is established, an employer can exclude all persons who do not meet specifications regardless of whether specifications have an adverse impact on a protected group??? |
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Definition
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Term
| unwelcome sexual conduct that has the purpose or effect of unreasonably interfering with an invididuals work performance or creating intimidating, hostile, or offensive work environment??? |
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Definition
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Term
| what are the 2 categories of sexual harassment?? |
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Definition
quid pro quo
hostile work environment |
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Term
| What did the Bundy v. Jackson case establish?? |
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Definition
| allocation of burden of proof in a sexual harrassment case |
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Term
| In sexual harrassment, employee must establish a prima facie cause proving 2 things?? |
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Definition
they were subjected to sexual harassment
and they were denied a benefit for which eligible and had a resonable expectation |
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Term
| in prima facie sexual harassment after employee establishes burden of proof, the burden shifts to____ to prove that its decision was based on legitimate nondiscriminatory grounds.???? |
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Definition
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Term
| organizations policy on sexual harassment should do two things at the very least??? |
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Definition
1. define and prohibit sexual harassment
2. encourage any employee who believes that he/she has been a victim to come forward to express those complaints to management |
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Term
| idea that every job has a worth to the employer and society that can be measured and assigned a value?? |
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Definition
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Term
| under the comparable worth theory- _____ such as the availability of qualified workers and wage rates paid by other employers would be disregarded.??? |
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Definition
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Term
| Under the comparable worth theory--- entire classes of jobs are traditionally undervalue and underpaid because they are held by ____ and this inequality amounts to ____ in violation of Title VII and Civil Rights Act.??? |
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Definition
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Term
| proppnents of the comparable worth theory argue that the _____ offers little protection to female workers because it applies only to job classifications which both men and women are employed.??? |
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Definition
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Term
EEOC stated that unequal pay for work of a similar value was not by itsself proof of discrimination. True/False??
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Definition
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Term
| Title VII prohibited discrimination based on _____, but did not define the term.??? |
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Definition
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Term
| Most frequent accommodation issues arise from conflict between religious practices and _____?? |
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Definition
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Term
| EEOC's guidelines for relgius discrim: employer must arrange ____ with similar qualifications, promote atmosphere where such ___ are regarded favorably, and provide a central file, bulletin borad, or other means of facilitation the matching of voluntary _____?? |
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Definition
voluntary substitutes
swaps
substitutes |
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Term
| To accomodate religion, employers must schedule ____ arrival/departure times, optional holidays, flexible weeks??? |
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Definition
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Term
| What was the out come of TWA v. Hardison?? |
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Definition
| Supreme court upheld the discharge on the groups that employer had made reasonable efforts to accomodate religous needs of the employee, employer was not required to violate seniority provisions, alternative plans allowing employee to work a four-day work week would have constituted an undue hardship for employwer |
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Term
| more than a deminimus cost?? |
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Definition
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Term
| What was the Bradon v. Abbott case about?? |
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Definition
| HIV positive status- they are considered to be disabled and entitled to protection under ADA |
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Term
| Title VII does not prohibit employement discrimination against what three groups?? |
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Definition
effeminate males
homosexuals
masculine acting femals |
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Term
| Adverse action against individuals who undergo or annouce and intention to under go sex-change surgery does not violate??? |
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Definition
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Term
| Sexual orientation is only protected when??? |
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Definition
| when local or state statutues protect them |
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Term
| What was the Ricci v. Destanfano case about?? |
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Definition
| reverse discrimination- white firefighters werent promoted even though they scored higher on a test for promotion than the black firefighters did |
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