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| Standaring for the Equal Education Opportunities Act, Congress enacted this legislation to promote equal education opportunities for kids. It is essentially an extension of the 14th amendentt. The law states that no state shall deny an individual an educational opportunity on the basis of their race, color, or sex. |
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| Standing for the Equal Employment Opportunity Commission, it's an independent federal government regulatory agency. Their job is to set policy on equal employment opportunity related hiring. They also look at individual cases and determine whether or not there is "reasonable cause" to believe that unlawful discrimination has occurred. |
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| As an amendment that was passed with the Fair Labor Standards Act of 1938, the Equal Pat Act requires employers to pay the same rate for work that is substantially equal in skill, effort, responsibility, and working conditions. Pay differences that are based on seniority, merit, quantity of work, or any factor other than sex or race are legal. |
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| Executive Orders are legally binding orders given by the President, as per his authority in control over the executive branch. They refer to orders that are generally used to direct federal agencies and officials in their execution of laws put into place by Congress. In terms of their use though, sometimes they lead executive branch agencies in directions contrary to congressional intent. |
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| A piece of legislation that establishes minimum wage, overtime pay, recordkeeping, youth employment standard, etc. affecting employees in the private sector and in Federal, State, and local governments. Minimum wage must be set at $7.25. Overtime pay must be given to a rate of one and one-half times the regular rate of pay required after 40 hours of work in a particular work week. |
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| The four fifths rule is the simplest and most common way of determining adverse impact. Essentially, if selection rates are substantially different or the impact ratio is less than .8, then there is a 4/5ths rule violation. |
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| Griggs v. Duke Power was a landmark employment discrimination case decided by the Supreme Court in 1971. It concerned the legality of using high school diplomas and intelligence test scores as prerequisites for employment. The court ruled unanimously against the intelligence testing practices of the Duke Power Company. Intelligence test can now only be used if they are able to reasonably demonstrate an effective measure of job performance. |
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| A hostile work environment is a legal term that is used to describe a workplace situation where an employee cannot reasonably perform their work due to behaviors by management or coworkers that are deemed hositle. It's also really used in a very specific situation when one is suing a employer for either wrongful termination or for creating an environment that causes severe employee stress. |
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| In an employment context, illegal discrimination can be viewed as giving an unfair advantage to the members of a particular group in comparison to other groups. The disadvantage here usually refers to a denial or restriction of employment opportunities or an inequality in the benefits given to different employees. It can either bee intentional or unintentional in nature. |
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| Negligent hiring is a claim made by an injured third party based on the fact that they should have known something about an employee's background which, if known, indicates a dangerous or untrustworthy character. Background checks, drug tests, and employments physical exams are some of the ways negligent hiring claims can be avoided. |
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| The OFCCP is an office with the Department of Labor designed to enforce, for the overall benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity hiring required by the Department of Labor for those who do business with the federal gov't. |
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| Prima facie evidence is a legal term used to mean that you have enough evidence to prove something by pointing to basic facts or tenets; however, your proof can be refuted through simple means. |
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| A protected group is qualified for federal protection under equal employment laws. Federal law prevents discrimination or harassment on their employees on the basis of sex, race, age, disability, color, creed, national origin, or religion. Sexual orientation and marital status can be included if the employee sees fit to include that. |
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| Punitive damages are damages that are paid in a civil suit that are designed to put a punishment on a defendant and deter future bad conduct. Unlike damages paid to the plaintiff, these damages are paid to the state to make sure the defendant is appropriately punished for his actions. |
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| A reasonable accommodation is any modification or adjustment a particular work or job environment that will enable a disabled applicant with the right qualifications those rights and privileges in employment equal to those of other employees who do not possess disabilities. |
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| Reasonable woman standard |
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| The reasonable woman standard is a criterion for determining verdicts in sexual harassment cases. The standard was established to be a "gender conscious examination of sexual harassment" because men and women have different perceptions of what sexual harassment actually is. It involves what exactly constitutes sexual harassment and is based on empirical research. |
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| Quid pro quo sexual harassment |
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| Most common form of sexual harassment. Occurs when job benefits including employment, promotion, salary increases, etc. are made contingent based on sexual favors; Or when sexual advances are rejected and the employee faces some detriment because of that such as getting fired or losing a shift assignment. |
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| Shifting burden of persuasion |
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| The shifting burden of persuasion reflects situations where a rule of law proves that prima facie evidence related to a particular fact can be disproven. The burden of persausion is now placed on those who brought forward those facts originally to prove the existence of the prima facie evidence. |
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| SIOP principles is a document put out by APA division 14 to specify established scientific findings and general accepted professional practice in the field of personnel selection in the choosing, training, assessment, and use of selection procedures designed to measure constructs related to work behavior in terms of the accurate inferences that are made towards employment decisions. |
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| Test fairness is a concept that refers to the state of a test where it does not have any bias. The test should be fair regardless of what race, religion, gender, age, or sexuality is taking it. The only way a person should be disadvantaged by the test is lack of overall knowledge. Items need to be reviewed for fairness, and if they are unfair, they need be dropped from consideration among the test item pool. |
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| As a part of the Civil Rights Act of 1964, Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. |
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| This is an employers financial defense to "reasonable accommodation." They must prove that hiring an individual needs these accommodations is unreasonable because it would be overly taxing on that business's resources. |
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| The uniform guidelines are a set of guidelines put out by the EEOC for determining selection procedures in terms of employment selection. This arose from the need of the federal government to have specific, standardized procedures for the use of tests and other selection instruments for choosing employees. The guidelines specifically incorporate a single set of principles which are designed to assist employers, labor organizations, employment agencies, and licensing and certification boards to comply with the requirements of Federal law prohibiting employment practices that would discriminate. |
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