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HRM
HRM
38
Other
Undergraduate 3
10/16/2011

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Cards

Term
Yellow Dog Contracts
Definition
agreements used to require (as a condition of employment) that people can't be part of a union
Term
Norris-La Guardia act
Definition
Outlaws the use of yellow dog contracts, puts strict limits on courts actions taken against unions. The law failed to require employers to recognize unions as solved through the Wagner act.
Term
Wagner Act A.K.A National Labor Relations Act
Definition
Congress says employees should be protected by law when joining a union
Outlawed unfair management practices
Term
NLRB-National Labor Relations Board
Definition
Oversee and enforce Wagner act
Term
Taft Hartley Act
Definition
Union is prohibited from recruiting members and refusing to bargain

Banned the closed shop rule where an individual is either deemed in or out of the union. (ex. agency shop-where non-members pay union dues)

Right to work laws-states could enact or not enact laws allowing workers to work without being part of a union

Federal Mediation and Conciliation Service (FMCS) emerge to help resolve problems before strike
Term
Landrum Griffin Act
Definition
designed to protect employees against their leaders because some labor union managers were spending union money.
Term
Whoolley vs LaRoche
Ferraro vs Koelsch
Definition
Employee Handbooks constitute as implied contracts
Term
Equal Pay Act
Definition
Men and Woman get same pay for same work
Term
See Figure 4-3
Definition
See Figure 4-3
Term
Office of Federal Contract Compliance Program (OFCCP)
Definition
Allowed to take privilege to federal contracts
Term
Bona-Fide Occupational Qualification (BFOQ)
Definition
things that aren't discriminatory but require specifications for a job (ex. Hooters uniform)
Term
Sexual harassment
Definition
Harassment based on gender
Term
Quid Pro Quo
Definition
Individual believes sexual favors are necessary to receive benefits (promotion...)
Term
Hostile Environment
Definition
Must be known that certain things are not wanted on your behalf
Term
Robinson vs Jackson Shipyard
Definition
Offensive pictures on walls
Term
Showalter v Allison Reed Group
Definition
two guys are charged with both quid pro quo and hostile environment
forced to watch and participate in sexual acts with bosses secretary
Term
Holland vs First VA Bank
Definition
claims supervisor makes fun of Holland on a regular basis
Holland talks to upper mgmt
Supervisor wants revenge and tells Holland his job is gone
Case goes to court and Judge says Holland was being racially discriminated against and suffered emotional distress resulting in 550,000 settlement.
Term
Griggs vs Duke Power Co.
Definition
co. is being discriminatory because they won't hire him as a coal handler.

 

Outcome: Employer can't discrimnate against non graduates if job doesnt require that knowledge.

Term
Wards Cove vs Antonio
Definition
Unskilled jobs are held by mostly Alaskans and Japs
Nice jobs are held by white employees
Workers are housed separately
Ruling: Statistical imbalances alone do not constitute as discrimination.
Term
Civil Rights Act 1991
Definition
Congress restores strength of earlier law and places the burden back on to the employer
Trial by jury is an option
Term
Family Medical Leave Act
Definition
Protects against Pregnancy/Disability Discrimination
Term
General Electric v Gilbert
Definition
Supreme court says to lawfully remove pregnancy from the disabilities leave list
Attempt to override legislation using the Pregnancy discrimination Act
California states there should be 12-week-paid-leave for adoption and child birth
Woman shouldn't get special treatment
Term
California Federal v Guerra
Definition
claims by abiding by California new law they are breaking the PDA
Term
Americans with disabilities act
Definition
can this person do the job with reasonable accommodation?
Handicaped defn.
1)a mental disability which substantially limits life activities
2)has a record of having such impairment
3)regarded as having such impairment
Term
ADA amendments account
Definition
directs EEOC to define statement
Term
Sutton v United Airlines

Murphy v United Parcel
Definition
Pilots want to be hired but wear glasses

Man has high blood pleasure

-if an individual has a condition controlled by treatment and treatment is taken away, they become handicapped and won't be hired.
Term
Treatment
Definition
a decesion on part of org. to treat members of a particular group different than those not in the group (intentional discrimnation)
Term
Impact
Definition
unintentional discrimination
Term
Grey v Power
Definition
How do we know adverse impact?
Solution:80% rule (4/5 rule)
-if a company needs 20 people and 50 white males apply they need to hire 80 percent of 20/50=40%

-Sometimes there aren't enough qualified people to use the 80 percent rule.
Term
University of California v Bakke
Definition
applies to UVC and gets rejected because 20 spots are reserved for minorities and he is not part of the top 80.

Outcome: Bakke should be accepted because the university is operating with inflexible quotas.
Term
Kaiser v Webber
Definition
claims reverse discrimination because out of 270 openings only 2% are from protected groups.

Outcome: Court sides with co. because they are trying to level out, honoring the civil rights act.
Term
The hiring process
Definition
HR Planning
Recruiting
Selection
Orientation
Term
Meritor v Vinson
Definition
1) Does a gender hostile environment violate title 7 if the person suffers no economic loss?
2)Would an employees voluntary participation in sexual acts with a manager constitute a valid defense for the employer?
3)Whether an employer is liable for the conduct of a supervisor when the behavior has never been reported?

1)Ecomnomic loss is not a consideration, all that matters is if the behavior created a hostile environment
2)was the activity welcome or unwelcome?
3)The employer could in fact be liable if the individual charged with conduct was the lawful agent of the employer.
Term
Ellison v Brady
Definition
How do we know whats offensive and what isn't, and what standard do we use?

The standard is the reasonable woman standard meaning how would a reasonable woman act in a situation.
Term
Harris v Forklift Systems
Definition
How much damage does someone have too suffer before they can take action

All that matters is if the behavior made the environment hostile or uncomfortable
Term
Burn McGregor Electronic
Definition
Would individuals with prior sexual history be a mitigating circumstance

Prior History is not relevant
Term
Omcale v Sundowner Offshore Services
Definition
Can same sex harassment take place

The gender of the parties does not matter
Term
Farragher v city of Boca Raton Burlington Industries v Ellerth
Definition
What does an org. have to show that it did in order to defend itself

If you have a defined policy and supply training you may establish the basis for affirmative defense
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