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12 Cards in this Set

  • Front
  • Back

Adverse impact

Means a particular employment decision results in negative consequences more often for members of one race, sex, or national origin than for members of another race, sex, or national origin.

Four fifths rule

When the selection ratio for one group (ex. females) is less than 80% (four fifths) of the selection ratio of another group (ex. males) adverse impact is said to exist.

Disparate treatment

Employment practice that occurs when different standards are applied to individuals even though there may not be an explicit statement of intentional prejudice.Not a group being discriminated against, but an INDIVIDUAL.

Example of disparate treatment

Some employers not wanting to higher women that have young children for fear they won’t be as productive.

Six questions asked to determine if employment practice is legal

Does requirement directly refer to member of federally protected class?




Has any court case or state or local law expanded definition of any of the protected classes?




Does requirement have adverse impact on members of a protected class?




Was requirement designed to intentionally discriminate against members of a protected class?




Can employer prove that requirement is job related?




Did employer look for reasonable alternatives that would not lead to adverse impact?

What is a federally protected class?

Any group of people for which protective legislation has been passed to not be discriminated against.

Protected classes of Civil Rights Act

Sex, race, national origin, color, and religion

ADEA (age discrimination)

Age (40 & over)

ADA (americans with disability act)

Disability

BFOQ (bona fide occupational qualification)

only members of a particular group can perform the job




EX: Religion (nun)


Age for safety reasons

Quid pro pro

A type of sexual harassment in which the granting of sexual favors is tied to an employment decision.



EX: A supervisor telling a secretary she must sleep with him to keep her job

Hostile environment

Sexual harassment occurs when an unwanted pattern of conduct related to gender unreasonably interferes with work performance




EX: comments, unwanted sexual advances, etc.