Term
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Definition
| agreements used to require (as a condition of employment) that people can't be part of a union |
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Term
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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. |
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Term
| Wagner Act A.K.A National Labor Relations Act |
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Definition
Congress says employees should be protected by law when joining a union
Outlawed unfair management practices |
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Term
| NLRB-National Labor Relations Board |
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Definition
| Oversee and enforce Wagner act |
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Term
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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 |
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Term
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Definition
| designed to protect employees against their leaders because some labor union managers were spending union money. |
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Term
Whoolley vs LaRoche
Ferraro vs Koelsch |
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Definition
| Employee Handbooks constitute as implied contracts |
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Term
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Definition
| Men and Woman get same pay for same work |
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Term
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Definition
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Term
| Office of Federal Contract Compliance Program (OFCCP) |
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Definition
| Allowed to take privilege to federal contracts |
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Term
| Bona-Fide Occupational Qualification (BFOQ) |
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Definition
| things that aren't discriminatory but require specifications for a job (ex. Hooters uniform) |
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Term
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Definition
| Harassment based on gender |
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Term
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Definition
| Individual believes sexual favors are necessary to receive benefits (promotion...) |
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Term
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Definition
| Must be known that certain things are not wanted on your behalf |
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Term
| Robinson vs Jackson Shipyard |
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Definition
| Offensive pictures on walls |
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Term
| Showalter v Allison Reed Group |
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Definition
two guys are charged with both quid pro quo and hostile environment
forced to watch and participate in sexual acts with bosses secretary |
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Term
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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. |
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Term
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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. |
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Term
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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. |
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Term
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Definition
Congress restores strength of earlier law and places the burden back on to the employer
Trial by jury is an option |
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Term
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Definition
| Protects against Pregnancy/Disability Discrimination |
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Term
| General Electric v Gilbert |
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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 |
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Term
| California Federal v Guerra |
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Definition
| claims by abiding by California new law they are breaking the PDA |
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Term
| Americans with disabilities act |
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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 |
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Term
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Definition
| directs EEOC to define statement |
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Term
Sutton v United Airlines
Murphy v United Parcel |
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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. |
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Term
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Definition
| a decesion on part of org. to treat members of a particular group different than those not in the group (intentional discrimnation) |
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Term
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Definition
| unintentional discrimination |
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Term
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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. |
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Term
| University of California v Bakke |
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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. |
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Term
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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. |
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Term
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Definition
HR Planning
Recruiting
Selection
Orientation |
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Term
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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. |
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Term
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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. |
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Term
| Harris v Forklift Systems |
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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 |
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Term
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Definition
Would individuals with prior sexual history be a mitigating circumstance
Prior History is not relevant |
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Term
| Omcale v Sundowner Offshore Services |
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Definition
Can same sex harassment take place
The gender of the parties does not matter |
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Term
| Farragher v city of Boca Raton Burlington Industries v Ellerth |
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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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