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188 Cards in this Set

  • Front
  • Back
Diversity
Any perceived difference among people
Diversity management
Ensuring that factors are in place to provide for and encourage the continued development of a diverse workforce by melding these actual and perceived differences among workers to achieve maximum productivity
Dual-career family
A situation in which both husband and wife have jobs and family responsibilities
Civil Rights Act of 1964
The concept of equal employment opportunity has undergone much modification and fine-tuning since the passage of what law?
Civil Rights Act of 1866
This is the oldest federal legislation affecting staffing
13th Amendment to the U.S. Constitution
The Civil Rights Act of 1866 is based on what amendment to the U.S. Constitution?
Civil Rights Act of 1866
This act provides that all citizens have the same right as enjoyed by white citizens, to inherit, purchase, hold , and convey property, and that all persons, shall have the same right to make and enforce contracts as enjoyed by white citizens.
Civil Rights Act of 1866
This act is often used today in race discrimination in housing cases
Title VII of the Civil Rights Act of 1964 Amended 1972
This statute has had the greatest impact on human resource management
Title VII of the Civil Rights Act of 1964 Amended 1972
Under this law it is illegal for an employer to discriminate in hiring, firing, promoting, compensating, or in terms, conditions, or privileges of employment on the basis of race, color, sex, religion, or national origin
15
Title VII covers employers engaged in or affecting interstate commerce who have a minimum of how many employees?
Local government, schools, colleges, unions private employment agencies that procure employees for an employer with 15 or more employees.
Under title VII, name two entities that are included in the definition of an ‘employer’
Bona Fide Occupational Qualification
BFOQ
BFOQs, seniority and merit systems, and testing and educational requirements
What are the three categories of exceptions to discrimination as covered by Title VII.
Employer
Who has the burden of proof for justifying a BFOQ claim?
Title VII
What act allows a church or synagogue to legally refuse to hire professors whose religious persuasion is different from that of the hiring institution?
Aliens not authorized to work in the U.S., homosexuals
Name a category of persons not covered by Title VII
Equal Employment Opportunity Commission
EEOC
Equal Employment Opportunity Commission
The civil rights act of 1964 created what entity to enforce the act?
1964
What years was the EEOC created?
5
The EEOC is made up of how many members?
President of the United States
Who appoints members to the EEOC?
EEOC
This entity is empowered to investigate, conciliate, and litigate charges of discrimination arising under provisions of Title VII
EEOC
This entity has the responsibility of issuing procedural regulations and interpretations of Title VII and the other statutes it enforces
Uniform Guidelines on Employee Selection Procedures
What is the most significant regulation issued by the EEOC?
Age discrimination in employment act of 1967
ADEA
Age discrimination in employment act of 1967
What year was ADEA originally passed?
Age discrimination
What is the fastest-growing category of discrimination complaints filed with the U.S. Equal Employment Opportunity Commission?
65
The original ADEA prohibited employers from discriminating against individuals who were up to what age?
Anyone over 40
The 1986 amendment to the ADEA made employer discrimination against anyone over what age illegal?
There is no maximum age
What is the maximum age currently covered by the ADEA?
20
The ADEA applies to employers who have ___ or more employees?
25
The ADEA applies to unions with ___ or more members
EEOC
ADEA enforcement procedures begin when a charge is filed, but what entity can review compliance even if no charge is filed?
Trial by jury and possible criminal penalties
What are two ways the ADEA differs from the Title VII
Older Workers Benefit Protection Act
OWBPA
Older Workers Benefit Protection Act
This amendment to the ADEA prohibits discrimination in the administration of benefits on the basis of age, but also permits early retirement incentive plans as long as they are voluntary.
Older Workers Benefit Protection Act
This act establishes wrongful termination waiver requirements as a means of protecting older employees by ensuring that fully informed and willful personnel make that waiver acceptance
Rehabilitation Act of 1973
This act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $2500.
$2500
The Rehabilitation Act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of what dollar amount?
$2500
According to the Rehabilitation Act all federal contractors or subcontractors exceeding what dollar amount base are required to post notices that they agree to take affirmative action step.
Epilepsy, cancer, cardiovascular disorders, AIDS, blindness, deafness, mental retardation, emotional disorders, and dyslexia.
Name 3 diseases or conditions covered by the Rehabilitation Act of 1973
1973
What year was the Rehabilitation Act passed?
Written affirmative Action Plan
According to the Rehabilitation Act of 1973, if the contract or subcontract exceeds $50,000, or if the contractor has 50 or more employees, the employer must prepare a what for review by the OFCCP.
50
According to the Rehabilitation Act of 1973, if the contractor has __ or more employees, the employer must prepare a written affirmative action plan for review by the OFCCP.
$50,000
According to the Rehabilitation Act of 1973, if the contract or subcontract exceeds what dollar amount the employer must prepare a written affirmative action plan for review by the OFCCP.
OFCCP
According to the Rehabilitation Act of 1973, if the contract or subcontract exceeds minimal requirements, the employer must prepare a written affirmative action plan for review by what entity?
Office of Federal Contract Compliance Programs
OFCCP
Office of Federal Contract Compliance Programs
Who administers the Rehab Act of 1973
Pregnancy Discrimination Act of 1978
PDA
Pregnancy Discrimination Act of 1978
this act prohibits discrimination in employment based on pregnancy, childbirth, or related medical conditions.
Pregnancy Discrimination Act of 1978
The basic principle of this act is that women affected by pregnancy and related conditions must be treated the same as other applicants and employees on the basis of their ability or inability work.
Pregnancy Discrimination Act of 1978
Passing over a person for promotion while she is pregnant may be a violation of what act?
AT&T
The largest cash recovery in the EEOC’s history involved pregnancy discrimination involving what company?
Immigration Reform and Control Act (1986)
IRCA
Immigration Reform and Control Act (1986)
This act established criminal and civil sanctions against employers who knowingly hire unauthorized aliens.
Immigration Reform and Control Act (1986)
This act makes unlawful the hiring of anyone unless the person’s employment authorization and identity are verified.
4
IRCA applies to employers with __ or more employees?
Illegal Immigration Reform and Immigrant Responsibility Act (1996)
IIRIRA
Illegal Immigration Reform and Immigrant Responsibility Act (1996)
This legislation was passed partly in response to the fact that at least one of the terrorists who blew up the World Trade Center in 1993, killing six people and wounding 1000 had legally entered on a student visa
Illegal Immigration Reform and Immigrant Responsibility Act (1996)
This law places severe limitations on persons who come to the United States and remain in the country longer than permitted by their visas and/or persons who violate their nonimmigrant status.
Illegal Immigration Reform and Immigrant Responsibility Act (1996)
According to this law anyone unlawfully present in the U.S. for more than 180 days, but less than one year, will be subject to a three-year ban for admission to the U.S.
Illegal Immigration Reform and Immigrant Responsibility Act (1996)
According to this law anyone unlawfully present in the United States for one year or more is subject to a ten-year ban from admission to the U.S.
10 year
According to the Illegal Immigration Reform and Immigrant Responsibility Act (1996)
3 year
According to the Illegal Immigration Reform and Immigrant Responsibility Act (1996)
American’s with Disabilities Act (1990)
ADA
American’s with Disabilities Act (1990)
This act prohibits discrimination against qualified individuals with disabilities.
American’s with Disabilities Act (1990)
This act prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training and other terms, conditions and privileges of employment with re to a person’s disabilities
Private employers, state and local governments, employment agencies and labor unions, and persons discriminated against because they have a known association or relationship with a disabled individual.
Name 3 entities covered by the provisions of the American’s with Disabilities Act (1990)
1990
What year was the American’s with Disabilities Act passed?
Individual with a disability
A person who has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and has a record of such an impairment, or is regarded as having such an impairment.
Toyota Motor Manufacturing vs. Williams (Toyota vs. Williams)
In this case the Supreme Court held that an employee failed to demonstrate a disability under the ADA based on her inability to perform certain tasks associated with her assembly line job.
Toyota Motor Manufacturing vs. Williams (Toyota vs. Williams)
In this case the Supreme Court held that for an employee’s inability to perform certain aspects of her job to constitute a substantial impairment of the major life activity of performing manual tasks, the employee must show that the impairments prevented or restricted her from performing tasks that are of central importance to most people’s daily lives
Civil Rights Act of 1991
During 1988 and 1989 the Supreme Court rendered six employment discrimination decisions of such magnitude that a congressional response was provoked, leading to the passage of what act?
Qualified Individual with a Disability
An individual with a disability who with or without reasonable accommodation can perform the essential functions of a job.
1991
Civil Rights Act of 1991 was passed in what year?
Civil Rights Act of 1866, Title VII, ADEA, Rehab Act and ADA
Name 3 acts amended by the Civil Rights Act of 1991
Civil Rights Act of 1991
One of the purposes of this act is to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace
Civil Rights Act of 1991
One of the purposes of this act is to codify the concepts of business necessity and job relatedness pronounced by the Supreme Court in Griggs vs. Duke Power Company
Civil Rights Act of 1991
One of the purposes of this act is to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impacts under Title VII of the Civil Rights Act of 1964
Civil Rights Act of 1991
One of the purposes of this act is to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination
Disparate impact
This occurs when certain actions in the employment process work to the disadvantage of members of protected groups
Civil Rights Act of 1991
Under this act, a complaining party may recover punitive damages if the complaining party demonstrates that the company engaged in a discriminatory practice with malice or with reckless indifference to the law.
$50,000
According to the Civil Rights Act of 1991, a company with between 15 and 100 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$100,000
According to the Civil Rights Act of 1991, a company with between 101 and 200 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000
According to the Civil Rights Act of 1991, a company with between 201 and 500 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$300,000
According to the Civil Rights Act of 1991, a company with more than 500 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000
According to the Civil Rights Act of 1991, a company with 250 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$300,000
According to the Civil Rights Act of 1991, a company with 712 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$100,000
According to the Civil Rights Act of 1991, a company with 127 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$50,000
According to the Civil Rights Act of 1991, a company with 100 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$100,000
According to the Civil Rights Act of 1991, a company with 101 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$100,000
According to the Civil Rights Act of 1991, a company with 200 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000
According to the Civil Rights Act of 1991, a company with 201 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000
According to the Civil Rights Act of 1991, a company with 300 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000
According to the Civil Rights Act of 1991, a company with 301 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000
According to the Civil Rights Act of 1991, a company with 500 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$300,000
According to the Civil Rights Act of 1991, a company with 501 employees may receive a maximum penalty of what dollar amount for employment discrimination.
20
To qualify for punitive damages under the Civil Rights Act of 1991 an aggrieved employee must be with the firm for __ or more calendar weeks in the current or preceding calendar year.
Disparate impact
According to the Civil Rights Act of 1991 a complaining party must show that a particular employment practice causes a ___ on the basis of race, color, religion, sex, or national origin.
Civil Rights Act of 1991
This act extends the coverage of the Civil Rights Act of 1964 to extraterritorial employment.
Glass Ceiling Act 1991
This act established the Glass Ceiling Commission
Class Ceiling Commission
The Glass Ceiling Act established what entity to study the manner in which businesses fill management and decision-making positions.
Glass Ceiling
The invisible barrier in organizations that impedes women and minorities from career advancement.
Glass Ceiling Act 1991
This act established an annual award for excellence in promoting a more diverse skilled workforce at the management and decision-making levels in business.
1991
What year was the Glass Ceiling Act created?
Legislation more favorable to women and minorities apply
When EEOC regulations conflict with state or local civil rights regulations what regulations apply?
Executive Order
Directive issued by the president that has the force and effect of law enacted by the Congress
Affirmative action
This is stipulated by executive order 11246
Affirmative action
Positive steps ensuring employment of applicants and treatment of employees during employment without regard to race, creed, color or national origin
EO 11246
This executive order establishes the policy of the US government as providing equal opportunity in federal employment for all qualified people.
EO 11246
This executive order prohibits discrimination in federal employment because of race, creed, color, or national origin.
EO 11246
A major provision of this executive order requires adherence to a policy of nondiscrimination in employment as a condition for the approval of a grant, contract, loan, insurance, or guarantee from the fed govt.
EO 11375
This executive order changed the word creed to religion and added sex discrimination to the other prohibited items
EO 11375
This executive order amended EO 11246 and changed the word creed to religion and added sex discrimination to the other prohibited items
OFCCP
What entity enforces EO 11246?
OFCCP
What entity enforces EO 11375?
OFCCP
What entity of the Department of Labor enforces executive orders?
Office of Federal Contract Compliance Programs
OFCCP
GRIGGS v DUKE POWER COMPANY
A major implication of this supreme court case is that when human resource management practices eliminate a higher percentage of minority or women applicants, the burden of proof is on the employer to show that the practice is job related
ALBERMARLE PAPER COMPANY v MOODY
In this case the Supreme Court reaffirmed the idea that any test used in the selection process or in promotion decisions must be validated if it is found that its use has had an adverse impact on women and minorities.
PHILLIPS v MARTIN MARIETTA CORPORATION
In this case the Supreme Court ruled that the company had discriminated against a woman because she had young children. A major implication of this decision is that a firm cannot impose standards for employment only on women.
ESPINOZA v FARAH MANUFACTURING COMPANY
In this case the Supreme Court ruled that Title VII does not prohibit discrimination on the basis of lack of citizenship.
ESPINOZA v FARAH MANUFACTURING COMPANY
In this case the Supreme Court ruled that the company had not discriminated on the basis of national origin when it refused to hire a Hispanic who was not a U.S. citizen.
WEBER v KAISER ALUMINUM AND CHEMICAL CORPORATION
In this case the Supreme Court ruled that Title VII does not prohibit race-conscious affirmative action plans.
WEBER v KAISER ALUMINUM AND CHEMICAL CORPORATION
In this case the Supreme Court ruled that because the company and the union voluntarily agreed to an affirmative action plan, it did not violate Title VII.
DOTHARD v RAWLINGSON
The impact of this Supreme Court decision is that height and weight requirements must be job related.
DOTHARD v RAWLINGSON
In this case the Supreme Court upheld the U.S. District Court’s decision that Alabama’s statutory minimum height requirement of five feet two inches and minimum weight requirement of 120 pounds for the position of correctional counselor had a discriminatory impact on women applicants.
UNIVERSITY OF CALIFORNIA REGENTS v BAKKE
In this case the Supreme Court reaffirmed that race may be taken into account in admission decisions.
AMERICAN TOBACCO COMPANY v PATTERSON
In this case the Supreme Court Allowed seniority and promotion systems established since Title VII to stand, although they unintentionally hurt minority workers.
AMERICAN TOBACCO COMPANY v PATTERSON
In this case the Supreme Court ruled that a seniority system that unintentionally discriminates against a particular group did not violate title VII because it was a bonafide seniority system.
MERITOR SAVINGS BANK v VINSON
In this case the Supreme Court ruled that Title VII is not limited to discrimination with only economic or tangible effects.
MERITOR SAVINGS BANK v VINSON
This was the first sexual harassment case to reach the U.S. Supreme Court
CITY OF RICHMOND v J.A. CROSON CO.
In this case the Supreme Court affirmed a Court of Appeals ruling that the city’s plan was not justified by a compelling governmental interest because the record revealed no prior discrimination by the city itself in awarding contracts, and the 30 percent set-aside was not narrowly tailored to accomplish a remedial purpose.
ADARAND CONSTRUCTORS v PENA
In this case the Supreme Court criticized the moral justification for affirmative action, saying that race-conscious programs can amount to unconstitutional reverse discrimination and even harm those they seek to advance.
Grutter v Bollinger
In this case the Supreme Court ruled in a 5-4 decision that colleges and universities have a “compelling interest” in achieving diverse campuses.
Gratz v Bollinger
In this case the Supreme Court said that in trying to achieve diversity, colleges and universities cannot use point systems that blindly give extra credit to minority applicants.
O’CONNOR v CONSOLIDATED COIN CATERERS CORPORATION
In this case the Supreme Court declared that discrimination is illegal even when all the employees are members of the protected age group.
O’CONNOR v CONSOLIDATED COIN CATERERS CORPORATION
In this case the Supreme Court ruled that an employee does not have to show that he or she was replaced by someone younger than 40 to bring suit under the ADEA.
Griggs vs. Duke Power Company
In what case did the supreme court say the following: “if an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited”
Equal Employment Opportunity Commission.
Title VII of the Civil Rights Act, as amended, created what entity to enforce the act?
UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES
These guidelines provide a single set of principles that are designed to assist employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on the basis of race, color, religion, gender, and national origin.
Probable Cause or No Probable Cause statement
After an EEOC investigation has been completed, the district director of the EEOC will issue what statement?
Conciliation
In the event the EEOC issues a probable cause statement what is the first process they will attempt?
Right to sue notice
If an EEOC district director recommends against litigation, what notice will be issued to the charging party?
1 percent
The EEOC files suit in only about what percent of all charges.
Uniform Guidelines on Employee Selection Procedures
These guidelines provide a framework for making legal employment decisions about hiring, promotion, demotion, referral, retention and other selection procedures.
Employment test
Any instrument or procedure used in the selection decision
Adverse impact
A concept established by the Uniform Guidelines that occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.
Where the test or other selection device produces an adverse impact on a minority group
When does the Uniform Guidelines require validation of a selection test?
Four-fifth rule
According to this rule adverse impact exists if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group
Validate the test to prove it predicts success & the BFOQ defense
What are the two avenues available to employers if adverse impact is shown from the use of a selection test?
Bona Fide Occupational Qualification
BFOQ
Bona Fide Occupational Qualification
According to this defense, an employer claims that only one group is capable of performing the job successfully
BFOQ
If a theater company claims that only a male actor can play the role of Macbeth they are claiming that gender is a what?
Bottom line approach
When you focus on the end-result of the use of multiple selection procedures rather than whether each selection method is validated or not you are using what approach?
Bottom line approach
This concept refers to the concern of the EEOC with the end result of selection procedures, not how the selection procedure occurs.
Two
According to your text, there are how many types of sexual harassment?
Hostile Work environment and Quid Pro Quo
According to your text what are the two types of sexual harassment?
Miller vs. Bank of America
In this case the court held an employer liable for the sexually harassing acts of its supervisors, even though the company had a policy prohibiting such conduct, and even though the victim did not formally notify the employer of the problem.
Harris vs. Forklift Systems
In this case the Supreme Court ruled that to be accountable as abusive work environment harassment, conduct needs not seriously affect the psychological well being or lead the plaintiff to suffer injury.
Harris vs. Forklift Systems
In this case the Supreme Court ruled that a severe psychological injury doesn’t have to be proved, all that is needed to be shown is that the employer allowed a hostile to abusive work environment to exist.
Oncale vs. Sundowner Offshore Services
In this case the Supreme Court held that same-sex sexual harassment may be unlawful under title VII.
Garcia vs. Spun Steak
In this case the court ruled that an English-only rule that is job related did not necessarily violate Title VII.
Affirmative Action Program
AAP
Affirmative Action Program
An approach developed by organizations with government contracts to demonstrate that workers are employed in proportion to their representation in the firm’s relevant labor market.
50 employees
Government contractors having $50,000 in contracts and ___ or more employees are required to develop a written affirmative action program.
$50,000
Government contractors having 50 or more employees and what dollar amount in contracts are required to develop a written affirmative action program.
Affirmative Action Program
Government contractors having 50 or more employees and $50,000 in contracts are required to develop what type of program?
EEO-1 Report
The EEOC’s Employer Information Report Standard Form 100 is often referred to by what other name?
Standard Form 100
The EEO-1 report is often called by what other name?
$1,000,000
If a contractor has business exceeding what dollar amount, the OFCCP is authorized to conduct pre-award compliance reviews.
Federal Register
The procedures for developing affirmative action programs were first published in what document?
Revised Order no. 4
The procedures for developing affirmative action plans are officially referred to as what?
Utilization Analysis
A comparison of the incumbent workforce with available qualified individuals in the reasonable recruitment area
Goals and Timetables
The primary focus of any affirmative action program is on what?
Annual and Ultimate
What are the two types of goals that must be established regarding underutilization
Applicant
A person who submits a complete application for a vacant position or an authorized vacancy pool
Major Life Activity
Essential & meaningful component of a person's life including caring for oneself, performing manual tasks, breathing, walking, learning, seeing, working, hearing
Marginal Function
Secondary job duty, task or responsibility which, if eliminated, would not significantly alter the nature of the job
Qualified Person with a Disability
An individual with a known mental or physical disability who, with or without reasonable accommodation, meets the eligibility requirements/ required qualifications for a job
Reasonable Accommodation
A modification in the work or academic environment that enables a qualified person with a disability to apply for a job, perform the essential functions of a job or meet the technical standards of an educational program
Undue Hardship
An accommodation that is unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the organization/program
Vietnam-Era Veteran
A person who served on active duty for more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released with other than a dishonorable discharge
Adverse Impact
A form of illegal discrimination which occurs when a neutral policy or practice that is applied uniformly to all applicants or employees has the effect of denying employment or advancement to members of protected classes.
Affirmative Action
Good faith efforts to ensure equal employment opportunity and correct the effects of past discrimination against affected groups
10 year
According to the Illegal Immigration Reform and Immigrant Responsibility Act (1996)anyone unlawfully present in the United States for one year or more is subject to a how-many-year ban from admission to the U.S.
3 year
According to the Illegal Immigration Reform and Immigrant Responsibility Act (1996)anyone unlawfully present in the United States for more than 180 days, but less than one year, is subject to a how-many-year ban from admission to the U.S.