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31 Cards in this Set
- Front
- Back
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modern era of EEO |
1963 |
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year US constitution was founded |
1789 |
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5th amendment |
'due process' |
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13th amendment |
involuntary servitude |
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14th amendment |
equal protection |
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civil rights act of 1866 |
general employment rights |
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civil rights act of 1871 |
suspend rights to combat racial prejudice |
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fair labor standards act of 1938
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minimum wage, child labor laws, OT pay |
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equal pay act of 1963 |
different wages for equal work made illegal |
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which act did titles I-IX become enacted |
civil rights act of 1964 |
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wonderlie cognitive ability test |
cop denied job because he was too smart, held in court because it predicted turnover; lawful to discriminate against intelligence |
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griggs v duke power 1971 |
could perform job without hs diploma; disparate impact due to illegal discrimination |
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EEOC complaint process |
need to file within 6 months employer notified of complaint within 10 days investigation completed within 120-300 days then cause found/not found |
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if reasonable cause found... |
attempt to reach agreement with employer; no agreement, EEOC sues |
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if reasonable cause not found... |
right to sue later; 90 days to file suit |
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5 protected areas |
race, sex, national origin, religion, color |
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bakke v uc board of regents 1978 |
strict quotas are illegal, white male with higher scores can't be lawfully discriminated against; 'reverse discrimination' |
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determining disparate impact |
prima facie evidence of illegal discrimination; determined by 4/5ths rule |
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after disparate impact found who has burden of persuasion |
employer |
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what justifies disparate impact |
business necessity (hooters, firefighters); job relevance (grigs v duke power, hs diploma not relevent); bonefied occupational qualification (rabbi applying to be a priest) |
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significance of title VII and equal employment |
NOT equal employment, but equal opportunity FOR employment; choices based of job relatedness, not 5 protected items |
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disparate treatment |
when you treat people differently in employment decisions; only asking women if they plan to have kids |
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who does title VII apply to? |
all companies on US soil; all US companies overseas |
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glass ceiling |
only can go so high; 16.1% of fortune 500 companies lead by women while almost half of workforce made up of women |
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us v georgia power co 1973 |
conducted empirical validation studies, though not legally defensible (disparate impact) |
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albemarte paper co v moody 1975 |
job analysis - essential prereq; nature of validation sample; quality of criterion-related research; quality of criterion measure |
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americans with disabilities act 1990 |
accommodations for individuals with disabilities, persons with an association with an individual with a disability, or a history of it (addiction) |
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who is qualified for ADA |
someone who can perform the core tasks of the job with reasonable accommodation |
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when are employers required to accommodate an individual with a disability |
when requested by the employee |
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can employees ask if an individual has a disability |
no! but can ask if they can perform essential job functions |
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civil rights act of 1991 |
expanded remedies -jury trials not judge -compensatory and punitive damages for intentional discrimination -protection in foreign countries -amended CRA of 1866 to protection from racial/ethnic harassment in all aspects of employment -outlawed differential norming |
