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159 Cards in this Set
- Front
- Back
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ADA Amendments Act
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Amendments to Americans with Disabilities Act covering mitigating measures and definition of individuals regarded as having a disability.
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Affirmative action (AA)
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Practice in which employers identify conspicuous imbalances in their workforce and take positive steps to correct underrepresentation of protected classes.
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Age Discrimination in Employment Act (ADEA)
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Act that prohibits discrimination in employment for persons age 40 and over except where age is a bona fide occupational qualification.
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Alternative staffing
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Use of alternative recruiting sources and workers who are not regular employees; also known as flexible staffing.
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Adverse impact
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Occurs when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate; also known as disparate impact.
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Affirmative action plans (AAPs)
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Plans that focus on the hiring, training, promoting, compensating, and terminating of protected classes.
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Albemarle Paper v. Moody
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1975 court ruling that items used to validate employment requirements must be job-related.
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Americans with Disabilities Act (ADA)
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Act that prohibits discrimination against a qualified individual with a disability because of his/her disability.
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Aptitude tests
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Tests that measure the general ability or capacity to learn or acquire a new skill.
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Availability analysis
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Analysis in which organization considers internal and external availability in determining theoretical availability of minorities and women for established job groups.
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Bona fide occupational qualification (BFOQ)
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Situation in which gender, religion, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of a business or enterprise.
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Civil Rights Act of 1964
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First comprehensive U.S. law making it illegal to discriminate on the basis of race, color, religion, sex, or national origin.
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Assessment centers
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Method of evaluating candidates using content-valid work samples of a job; typically for managerial positions.
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Behavioral interview
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Type of interview that focuses on how applicant previously handled real work situations.
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City of Richmond v. J. A. Croson Company
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1989 Court ruling that the numerical quota system of Richmond, Virginia, was unconstitutional because the city had not laid the proper groundwork and had not adequately identified or documented discrimination.
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Civil Rights Act of 1991
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Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged intentional discrimination the right to a jury trial.
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Closed questions
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Questions that can usually be answered with yes or no.
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Cognitive ability tests
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Tests that assess skills the candidate has already learned.
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Compliance evaluation
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Evaluation that requires an organization to provide details on and documentation of its affirmative action plan.
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Congressional Accountability Act
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Act that requires that federal employee relations legislation enacted by Congress apply to employees of Congress.
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Co-employment
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Situation in which an organization shares joint responsibility and liability for their alternative workers with an alternative staffing supplier; also known as joint employment.
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Competency model
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Set of job competencies that together make up a profile for success for a particular job.
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Concurrent validity
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Type of criterion-related validity determined by relating the test scores of a group of test takers who take a test (Test A) to some other criterion measure (Test B) that is administered at the same time.
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Construct validity
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Extent to which a selection device measures the theoretical construct or trait (e.g., intelligence or mechanical comprehension).
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Constructive discharge
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Occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign.
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Content validity
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Degree to which an interview, test, or other selection device measures the knowledge, skills, abilities, or other qualifications that are part of the job.
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Cultural noise
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Failure to recognize responses of a candidate that are socially acceptable rather than factual.
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Directive interview
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Type of interview in which interviewer poses specific questions to a candidate and keeps control.
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Consumer Credit Protection Act
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Act that limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.
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Criterion-related validity
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Refers to the link between a selection device and job performance.
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Delphi technique
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Forecasting technique that progressively collects information from a group without physically assembling the contributors.
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Disability
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Physical or mental impairment that substantially limits major life activities.
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Disparate impact
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Occurs when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate; also known as adverse impact.
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Ellerth v. Burlington Northern Industries
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Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
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Employment branding
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Process of positioning an organization as an "employer of choice" in the labor market.
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Employment offer
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Makes the hiring decision official; should immediately follow the final decision to hire a candidate; formally communicated through offer letter.
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Disparate treatment
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Occurs when protected classes are intentionally treated differently from other employees or are evaluated by different standards.
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Employee Polygraph Protection Act
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Act that makes it unlawful for employers to use polygraphs in employment decisions except for a few narrowly defined exceptions for "security-sensitive" positions.
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Employment contract
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Agreement between an employer and an employee that explains the employment relationship.
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Employment practices liability insurance (EPLI)
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Protects an employer against claims by workers that their legal rights as employees of the company have been violated.
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Essential function
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Primary job duty that a qualified individual must be able to perform, either with or without accommodation; a function may be considered essential because it is required in a job or because it is highly specialized.
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Exit interview
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Interview conducted when an employee is terminating with a company in which employee is asked to share views on selected issues.
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Fair and Accurate Credit Transactions Act (FACT)
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Act that provides some relief to employers using third parties to conduct workplace investigations.
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Faragher v. City of Boca Raton
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Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
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Executive search firms
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External recruiting method; firms seek out candidates, usually for executive, managerial, or professional positions.
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Expatriates
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Collective term for employees sent abroad to work in a country other than where they live.
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Fair Credit Reporting Act (FCRA)
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Act that protects privacy of background information and ensures that information supplied is accurate.
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First-impression error
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Type of interviewer bias in which interviewer makes snap judgments and lets first impression (either positive or negative) cloud the interview.
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Flexible staffing
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Use of alternative recruiting sources and workers who are not regular employees; also known as alternative staffing.
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General Dynamics Land Systems, Inc., v. Cline
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Case in which Supreme Court held that the Age Discrimination in Employment Act does not protect younger workers, even if they are over age 40, from workplace decisions that favor older workers.
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Gratz v. Bollinger
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Case in which Supreme Court held that University of Michigan's undergraduate admission program was not sufficiently "narrowly tailored" to consider race as a factor in admission decisions in order to achieve goal of a diverse student body.
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Group interview
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Type of interview where multiple job candidates are interviewed by one or more interviewers at the same time or where multiple people in an organization interview a single job candidate.
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Garnishment
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Occurs when a creditor obtains a court order requiring an employer to attach an employee's earnings in order to pay back a debt.
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Genetic Information Nondiscrimination Act (GINA)
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Act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health care.
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Griggs v. Duke Power
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1971 case that recognized adverse impact discrimination.
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Grutter v. Bollinger
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Case in which Supreme Court held that University of Michigan's law school admission program was sufficiently "narrowly tailored" to consider race as a factor in admission decisions in order to achieve goal of a diverse student body.
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Halo effect
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Type of interviewer bias in which interviewer allows one strong point in candidate's favor to overshadow all other information.
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Honesty/integrity tests
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Measures of applicants' propensity toward undesirable behaviors such as lying, stealing, taking drugs, or abusing alcohol.
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Host-country nationals (HCNs)
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Employees hired for jobs in their own countries; also known as local nationals.
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Immigration Reform and Control Act (IRCA)
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Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.
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Harris v. Forklift Systems, Inc.
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Court ruling that established "reasonable person" standard in a sexual harassment case.
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Horn effect
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Type of interviewer bias in which the interviewer allows one strong point that works against candidate to overshadow all other information.
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Hostile environment harassment
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Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being.
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Inpatriates
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Traditional term used to describe employees brought in from another country to work in the headquarters country for a specified period.
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International assignee
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All-encompassing term used to describe anyone on an international assignment.
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Job
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Collection of activities (tasks) and responsibilities that an employee is responsible to conduct.
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Job applicant
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According to EEO regulations, anyone who expresses an interest in employment, regardless of whether that person meets the employer's minimum qualifications for the job.
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Job competencies
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Knowledge, skills, and abilities (KSAs) and other personal characteristics that work together to produce outstanding performance in a given area of responsibility.
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Involuntary termination
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When employers decide to discharge particular employees for cause (e.g., poor performance, violations of employer policy).
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Job analysis
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Systematic study of jobs to determine what activities (tasks) and responsibilities they include, relative importance and relationship with other jobs, personal qualifications necessary for performance, and conditions under which work is performed.
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Job bidding
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Internal recruiting method that allows employees to indicate an interest in a position before one becomes available.
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Job description
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Summarizes most important features of a job, including required tasks, knowledge, skills, abilities, responsibilities, and reporting structure.
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Job group analysis
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Part of affirmative action plan that lists all job titles that comprise each job group having similar content and responsibilities, wage rates, and opportunities for advancement.
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Job specification
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Spells out qualifications necessary for an incumbent to be able to perform a job.
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Johnson v. Santa Clara County Transportation Agency
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Court ruling that endorsed using gender as one factor in an employment decision if underrepresentation is shown and if the affirmative action plan is not a quota system.
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Judgmental forecasts
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Use of information from past and present to predict future conditions.
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Job posting
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Internal recruiting method that allows current employees the chance to respond to announcements of positions.
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Jobs for Veterans Act (JVA)
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Amendment to Vietnam Era Veterans Readjustment Assistance Act; deals with discrimination against certain veterans by the U.S. government and federal contractors.
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Joint employment
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Situation in which an organization shares joint responsibility and liability for their alternative workers with an alternative staffing supplier; also known as co-employment.
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Kolstad v. American Dental Association
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Case in which Supreme Court held that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.
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Lilly Ledbetter Fair Pay Act
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Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
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McDonnell Douglas Corp. v. Green
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Case that established criteria for disparate treatment.
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Meritor Savings Bank v. Vinson
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Court ruling that first held that sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid pro quo or hostile environment harassment.
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Negative emphasis
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Type of interviewer bias that involves rejecting a candidate on the basis of a small amount of negative information.
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Local nationals
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Employees hired for jobs in their own countries; also known as host-country nationals (HCNs).
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McKennon v. Nashville Banner Publishing Co.
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Case in which Supreme Court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would have justified terminating the employee.
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Multiple linear regression
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Statistical method that can be used to project future demand; several variables are utilized.
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Nominal group technique
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Group of individuals who meet face-to-face to forecast ideas and assumptions and prioritize issues.
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Nondirective interview
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Type of interview in which interviewer asks open questions and provides general direction but allows applicant to guide process.
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Oncale v. Sundowner Offshore Service, Inc.
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Court ruling that same-gender harassment is actionable under Title VII.
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Open question
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Type of question that typically begins with what, where, why, when, or how.
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Organizational exit
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Process of managing the way people leave an organization.
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Offer letter
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Document that formally communicates the employment offer, making the hiring decision official.
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On-call workers
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Employees who report to work only when needed.
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Organizational display
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Part of an affirmative action plan that provides a graphical presentation of the organizational units, including their interrelationships.
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Organizational profile
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Depicts the staffing pattern of a facility to determine if barriers to equal employment opportunity exist within any organizational unit.
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Organizational unit
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Any discrete component of an organization in which there is a level of supervision responsible and accountable for the selection, compensation, etc., of employees within the unit.
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Outsourcing
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Flexible staffing option in which an independent company with expertise in operating a specific function contracts with a company to assume full operational responsibility for the function.
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Parent-country nationals (PCNs)
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Citizens of an organization's headquarters country who reside and work abroad with the intent of returning to the home country.
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Payrolling
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When a company needing help identifies specific people and refers them to a staffing firm, which employs them and assigns them to work at the company.
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Outplacement
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Systematic process by which a laid-off or terminated employee is counseled in the techniques of career self-appraisal and in securing a new job that is appropriate to his or her talents and needs.
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Panel interview
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Type of interview in which structured questions are spread across a group; individual who is most competent in the relevant area usually asks the question.
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Patterned interview
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Type of interview in which interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; also called targeted interview.
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Pennsylvania State Police v. Suders
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Case in which Supreme Court ruled on the use of the affirmative defense in a constructive discharge claim for an employer whose supervisors are charged with harassment.
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PERM (Program Electronic Review Management)
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Streamlined process for obtaining labor certification for foreign nationals seeking permanent residence through their employment.
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Placement goals
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Objectives or targets in an affirmative action plan that are set when the percentage of minorities or women in a job group is less than reasonably expected given their availability.
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Predictive validity
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Type of criterion-related validity; degree to which predictions made by a test are confirmed by the later behavior of test takers.
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Prescreening interview
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Type of interview that is useful when an organization has a high volume of applicants for a job and face-to-face interviews are needed to judge prequalification factors.
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Personality tests
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Tests that measure person's social interaction skills and patterns of behavior.
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Polygraph test
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Test that measures respiration, blood pressure, and perspiration while person is asked a series of questions; outcome is a diagnostic opinion about honesty.
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Pregnancy Discrimination Act
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Act that prohibits discrimination on the basis of pregnancy, childbirth, or related conditions.
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Prima facie
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Latin term for "on first view" or "at first appearance."
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Privacy Act
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Act that protects the employment records of federal government employees from disclosure without prior authorization.
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Psychomotor tests
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Tests that require a candidate to demonstrate a minimum degree of strength, physical dexterity, and coordination in a specialized skill area.
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Quota
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Involves hiring and promoting a fixed number of individuals based on race, gender, or other protected-class standards that must be met.
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Reasonable accommodation
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Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.
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Protected class
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People who are covered under a federal or state antidiscrimination law.
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Quid pro quo harassment
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Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.
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Realistic job preview (RJP)
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Part of the selection process that provides an applicant with honest and complete information about a job and the work environment.
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Regents of the University of California v. Bakke
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Court ruling that colleges and universities could legitimately consider race as a factor in the admissions process.
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Rehabilitation Act
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Act that prohibits discrimination based on physical or mental disabilities.
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Repetitive interview
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Type of interview in which interviewer asks every applicant the same questions; also called a structured interview.
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Retaliatory discharge
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Result of an employer punishing an employee for engaging in activities protected by the law (e.g., filing a discrimination charge, opposing unlawful employer practices).
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School Board of Nassau v. Arline
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Supreme Court ruling that persons with contagious diseases could be covered by the Rehabilitation Act of 1973.
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Repatriates
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Traditional term referring to employees who have returned home from an international assignment.
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Résumé
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Document prepared by job candidate (or professional hired by candidate) to highlight candidate's strengths and experience.
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Retention
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Ability to keep talented employees in an organization.
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School-to-work programs
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Allow organizations to partner with communities and schools to help develop the skilled workforce they will need for the future.
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Selection
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Process of hiring the most suitable candidate for a vacant position.
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Sexual harassment
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Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
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Simulations
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Representations of real situations; give organizations the opportunity to speculate as to what would happen if certain courses of action were pursued.
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Skill banks
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Computerized talent or skill inventories that can furnish a list of qualified people.
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Selection interview
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Interview designed to probe areas of interest to interviewer in order to determine how well a job candidate meets the needs of the organization.
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Simple linear regression
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Projection of future demand based on a past relationship; involves a single variable.
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Situational interview
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Type of interview in which interviewer asks hypothetical questions designed to elicit stories and examples that demonstrate the applicant's skills and qualifications.
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Skill tracking systems
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Computerized talent or skill inventories that can furnish a list of qualified people.
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Smith v. Jackson, Mississippi
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Case in which Supreme Court held that Age Discrimination in Employment Act authorizes recovery on a disparate impact theory but with narrower scope than that provided under Title VII.
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Staffing
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HR function that identifies organizational human capital needs and attempts to provide an adequate supply of qualified individuals for jobs in an organization.
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Stereotyping
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Type of interviewer bias that involves forming generalized opinions about how people of a given gender, religion, or race appear, think, act, feel, or respond.
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Structured interview
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Type of interview in which interviewer asks every applicant the same questions; also called a repetitive interview.
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St. Mary's Honor Center v. Hicks
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Court ruling that Title VII plaintiff must show that discrimination was the real reason for an employer's actions.
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State (public) employment agencies
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Agencies that provide employee screening, testing, and referral at no cost to the employer.
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Stress interview
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Type of interview in which interviewer assumes an aggressive posture to see how a candidate responds to stressful situations.
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Substance abuse tests
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Measures intended to ensure a drug-free workplace.
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Targeted interview
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Type of interview in which interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; also called patterned interview.
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Team interview
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Type of interview used in situations where the position relies heavily on team cooperation; supervisors, subordinates, and peers are usually part of the process.
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Trend and ratio analyses
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Use of statistics to determine whether relationships exist between two variables.
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Uniform Guidelines on Employee Selection Procedures
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Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.
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Taxman v. Board of Education of Piscataway
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Court ruling that nonremedial affirmative action plan cannot form the basis for deviating from the antidiscrimination mandate of Title VII.
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Third-country nationals (TCNs)
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Traditional term used to describe employees who are citizens of countries other than where they work or where the organization's headquarters resides.
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Turnover
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Annualized formula that tracks number of separations and total number of workforce employees for each month.
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United Steelworkers v. Weber
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Court ruling dealing with reverse discrimination charges; upheld that Title VII allows for voluntary, private, race-conscious programs aimed at eliminating racial imbalance in traditionally segregated job categories.
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Vicarious liability
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Legal doctrine under which a party can be held liable for the wrongful actions of another party.
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Washington v. Davis
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Court ruling that dealt with job testing and discrimination.
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Workforce analysis
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List of job titles ranked from lowest- to highest-paid within an organizational unit.
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Yield ratios
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Ratios that can help quantify recruitment efforts.
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Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)
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Act that prohibits discrimination against certain veterans by the U.S. government and federal contractors.
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Worker Adjustment and Retraining Notification (WARN) Act
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Act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur.
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Workforce planning
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Process an organization uses to analyze its current base of employees and determine steps it must take to prepare for future skill and labor needs.
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