Term
Title VII
of the 1964 Civil Rights Act |
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Definition
an employer cannot discriminate based on race, color, religion, sex, or national origin.
Applies to everyone. Public or private entities of 15 or more employees, educational instit, the fed, state and local gov |
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Term
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Definition
| the commission created by Title VII is empowered to investigate job discrimination complaints and sue on behalf of complainants. |
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Term
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Definition
| steps that are taken for the purpose of eliminating the present effects of past discrimination. |
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Term
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Definition
| the act requiring equal pay for equal work, require equivalent skills, effort, and responsibility, and are preformed under similar working conditions. (pay diff derived from seniority, merit, and system measuring earnings by production quantity to quality or other than sex differences, do not count) |
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Term
Age Discrimination in Employment Act of 1967
(ADEA)
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Definition
| the act prohibiting arbitrary age discrimination and specifically protecting individuals over 40 years old; ending mandatory retirement age of 65..however pilots have to retire at 65. |
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Term
| vocational rehabilitation act of 1973 |
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Definition
| the act requiring certain federal contractors to take affirmative action for disabled persons. |
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Term
| pregnancy discrimination act of 1978 |
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Definition
| prohibits using preg, childbirth or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in any term or condition of employment. |
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Term
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Definition
| guidelines issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail. Statute of limitations; 180 days to report; does have to be moral/ethical issues. right/wrong to the individual, believe in them to the strength like faiths of other religions..EEOC view of Legit religions. EX: Church of body modification |
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Term
| what are the protected classes? |
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Definition
minorities and woman, those within certain group with prior discrimination protected by equal opportunities laws, Title VII.
Race/color/origin/sex/age/religion/disabilities |
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Term
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Definition
| places burden of proof back (what the plaintiff must show to establish possible illegal discrimination, and what the employer must show to defend its actions) on employers and permits compensatory and punitive damages. |
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Term
Americans with Disabilities Act
(ADA) |
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Definition
the act requiring employers to make reasonable accommodations for disabled employees; it prohibits discrimination against disabled persons.
1. any mental/physical impairment that "substantially limits" one or more major life activities.
2. History/record of being disabled
3. regarded as disabled because what they have displayed lead to believe impairment. Burn victim
Disabled--->essential--->reasonable--->undue
functions accommodations hardshp |
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Term
Genetic Information Nondiscrimination Act of 2008
(GINA) |
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Definition
| prohibits discrimination by health insurers and employers based on people's genetic information. Prohibits the use of genetic info in employment, prohibits the intentional acquisition of this info about applicants and employees, and imposes stict confidentiality requirements. |
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Term
| three elements of accommodation and what is an undue hardship under the ADA? |
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Definition
1.Access, getting to places
2.Assignment
3.Assistance-persons or equipment
UnHardships: boils down to resources of the organization. Fig 2-2 p39 |
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Term
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Definition
harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. Violates Title VII. Employers have affirmative duty.
EEOC guidelines:
1. do or do not and do or do not have a job or what benefits you in other aspects of job--affects tangible aspect of employment.
2.interfering with individual work performance/climate in which they work..hostile work envir..unwelcomed. |
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Term
| federal violence against woman act of 1994 |
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Definition
| provides that a person that commits a crime of violence motivated by gender shall be liable to the party injured. |
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Term
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Definition
1.Quid Pro Quo: tangible employment action such as hiring, firing, promotion, etc. success contingent upon agreement to sexual affair.
2.Hostile Environment: intimidation, insults, and ridicule were sufficiently severe to alter working conditions |
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Term
| what is a (SH) reasonable care defense? |
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Definition
-None for Quid Pro Quo
-Some in hostile environments, if the organization took "reasonable care" to prevent and correct promptly any behaviors. And, demonstrate that the "unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employers." |
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Term
| how is the study of business related to the study of human resource management? |
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Definition
| Decision making. Hard management/soft management |
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Term
| management process and its relationship to HRM |
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Definition
1. Planning: establishing goals and standards; developing rules and procedures, develop plans and forecast.
2.Organizing: giving each subordinate a specific task; establishing departments; delegating authority to sub; estab authority and communication; coordinating sub work
3.Staffing: Determining what type of ppl you should hire; recruiting; selecting employ; training and developing; setting performance standards; eval performance; counseling; compensating.
4.Leading: motivating; maintaining morale
5.Controlling: setting sales quotas, quality standards; production levels; corrective action |
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Term
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Definition
| the development by (HR Dept) and administration (managers) of systems and programs which impact the efficient and effective use of employees to accomplish organizational goals. |
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Term
| major task of manager and how related to HRM |
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Definition
| **Getting results, hiring right people for the right jobs, motivating, appraising, developing |
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Term
line position
v
staff position |
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Definition
Line Position: gives managers the right (or authority) to issue orders to other managers or employees; superior-subordinate relationship. sales/production positions, crucial for company's survival. Most likely to move up the chain of command.
Staff Positions: gives the manager the authority to advise other managers/employees; an advisory relationship. Run departments that are supportive, like purchasing or HR, |
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Term
| 3 basic roles of the HR Department |
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Definition
-advise/assist: advises the CEO, assists in hiring, training, evaluating, rewarding, counseling, promoting, and firing.
-innovator/ change agent: providing up to date info on current trends and new methods for better utilizing the company's employees.
-advocacy Role: representing the interests of employees within the framework of its primary obligation to senior management. |
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Term
Major trends affecting the HR function in an organization
Figure 1-4 p 11
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Definition
1.globalization: extend sales/ownership/manufacturing overseas for sales expansion, to seek new foreign products, to cut labor costs, forming partnerships
2.Changing Technology
3. Nature of Work: High-Tech jobs, service jobs
4. Demographic shifts: workers becoming older and multiethnic. |
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Term
| What employers should do to minimize liability in SH claims |
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Definition
Fig 2-3 p. 42
-take all complaints
-Encourage the victims to inform harasser directly that conduct unwelcoming
-issue strong policy statement condemning such behavior
-inform all employees ab the policy and of their rights under the policy
-take steps to prevent SH from occuring
-establish management response system that includes an immediate reaction and investigation
-train supervisors/managers to increase their awareness
-discipline manager and employees involved in SH
-keeps thorough records of complaints,investigations, and actions taken
-conduct exit interviews that uncover any complaints and that acknowledge by signature for the reasons leaving
-republish SH policy periodically
-encourage upward communication
-do not retaliate against someone who files harassment |
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Term
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Definition
intentional discrimination. Exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.
EX: We do not hire bus drivers over the age of 60. |
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Term
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Definition
an employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than on other employees, regardless of intent.
EX: employees must have college degrees to do this particular job..bc more white male than minorities have college degree.
**do not require proof of discriminatory intent. The plaintiff must show that the apparently neutral employment practice creates an adverse impact--higher %of minorities and other protected groups being rejected for employment, placement, or promotion.
-Application is fair in form but discriminatory in practice. EX: Test given here, Utah, NMex. DI bc english not native lang in NM. |
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Term
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Definition
P(SR) = NonP(SR) ----NO DI
P(SR) > NonP(SR) ----NO DI
P(SR) < NonP(SR) ----DI
NPx.8
In population comparison: (P)= internal, w/in the organization. (NP)=external, complaining number out in the labor force. |
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Term
| What do you do if you find DI? |
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Definition
1. Employee goes to EEOC >
2. Look for it (EEO 1 FORM) >
Either way:
-investigate > (noprob > still document)
-problem >
-Fix it >
-Document |
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Term
Elements of Reasonable Care:
An affirmative defense |
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Definition
1. Prevention----strong policy, properly prominated policy, train emp/managers/reporting procedure>
outside chain of command
2. Correction----investigating promptly, take corrective action. |
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Term
| What are the two defenses employers use to justify an employment practice that has an adverse impact on members of a minority group.. |
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Definition
1. Bona Fide Occupational Oualification
(BFOQ)
2. business necessity defense |
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Term
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Definition
| it should not be an unlawful employment practice for an employer to hire an employee on the basis of religion, sex, or national origin in those certain instances where religion, sex,national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. |
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Term
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Definition
1.Age---pilot/work in bar under age 16
2.Religion---st mary only hiring catholic teachers to teach.
3.Gender---actor fulfilling specific role; Hooters
4.Nat'l Origin---hiring asian wait staff at chinese pavilion. |
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Term
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Definition
| requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable. Needs hard proof and legit business reasons specific to complete job satisfaction. |
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Term
| explain how burden of proof shifts... |
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Definition
-EMPLOYEE: member of protected group or numerical minority(male nurse EX) and must show DI or DT. (together this = prima facie case)-proven allocation unless disputed.
-EMPLOYER: show there is no DI or DT or show the reason is BFOQ or business necessity
-EMPLOYEE: show BFOQ is pretext
-EMPLOYER: Prove no pretext
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Term
| How certain practices might be or might not be discriminatory |
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Definition
If info not at all relevant, do not ask! If you ask, you must use info.
1.Educational--illegal when minority groups are less likely to posses the educational qualifications, and when such qualifications are also not job related; Pilots certainly must exhibit education=legal. Greggs v Duke Power
2.Tests--illegal if the disproportionately screen out minorities or women and not job related.
3.Height, weight, and physical characteristics--illegal as with firefighter. These stipulations do not accurately measure capabilities. |
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