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14 Cards in this Set

  • Front
  • Back
What is the definition of discrimination
the making of distinctions
what is disparate treatment
discrimination that occurs when individuals are treated differently because they are members of a protected class
What is adverse impact
discrimination that occurs when equal application of an employment practice has unequal impact on members of a protected class
How can you tell if there is adverse impact
4/5ths rule. If hiring rate is less than 4/5ths that of majority group there is adverse impact
What are the four defenses to discrimination
BFOQ
Seniority
Job relatedness
Business necessity
What are the two criteria for using BFOQ
essence of the business operation

factual basis for believeing that all members of the class cannot perform the principle duties of the job
Criterion based validity is based on what?
Statistics
Content validity is based on what?
expert opinion
What is the affirmative defense
A defense to sexual harassment where employers can escape liability if they exercised reasonable care to prevent/promptly correct SH or if complaining party unreasonably failed to take advantage of preventive or corrective opportunities by the employer.
What is a consent decree
when an employer and complaining parties enter into an agreement creating an AA plan prior to a judgment being rendered by a court.
What are the criteria for who must have an AA program in place to be eligable for a federal contract or aid
Employers with more than 50 employees or a contract over 50 grand.

Depositories for federal funds

Firms offering US bonds

Orgs w/ gov bills of lading worth 50 grand or more
What is a utilization analysis
determining the extent to which protected classes are being underutilized by the organization
What is an action plan
list of actions which specify what the organization will actually do to reduce underutilization
What is an RFOA
reasonable factor other than age