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62 Cards in this Set
- Front
- Back
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The 5th Amendment (Date)
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December 15, 1791
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no person shall be compelled to be a
witness against themselves, be subject to double jeopardy for the same offense, nor be deprived of life, liberty, or property, without due process. |
5th Amendment
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The 13th Amendment (Date)
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December 6, 1865
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Abolished slavery
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13th Amendment
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The 14th Amendment (Date)
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July 9, 1868
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afforded citizenship to former slaves or people in
previous conditions of servitude. It states, “…nor shall any State deprive any person of life, liberty, or property, without due process…” because of their previous status of servitude. |
14th Amendment
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The 15th Amendment (Date)
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February 3, 1870
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allowed citizens to vote without regard to “race, color, or previous condition of servitude.”
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15th Amendment
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The 19th Amendment (Date)
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August 18, 1920
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women were granted the right to vote.
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19th Amendment
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When did the No FEAR Act of 2002 become effective?
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Oct 1, 2003
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What are the five categories of the No FEAR act of 2002?
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1. Reimbursement may occur due to discrimination and whistle blower laws
2. Annual notice under discrimination and whistle blower laws 3. Every 2 years training to employees 4. Agency must submit to Congress, EEOC, DoJ, and OPM an annual compliance improvement report 5. An agency must post on its public website, summary stats data pertaining to complaints filed. |
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What does the No FEAR Act stand for?
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The Notification and Federal Employee Antidiscrimination Retaliation Act of 2002
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What are the four key theories in EO?
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1. Disparate Impact
2. Disparate Treatment 3. Accommodation 4. Harassment |
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This occurs when the application of a facially neutral employment criterion which has the effect of disadvantaging a certain protected class or classes under the discrimination acts
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Disparate Impact
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Disparate Impact is also know as:
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Adverse Impact
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This occurs whenever similarly situated individuals are treated differently due to a Title VII protected category as compared to someone similarly situated and in a separate protected category in an employment situation.
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Disparate Treatment
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The Failure to accommodate is outlined in what regulation?
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The Rehabilitation Act of 1973
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The employer adopted a policy requiring a high school diploma, or alternative, and a passing score on a standardized, general intelligence test as a prerequisite for hiring and transferring into some of its departments.
This is the synopsis for which case? |
Griggs v. Duke Power
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In the Griggs v. Duke Power case, the high school diploma or intelligence test had not been shown to be ______?
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....related to successful job performance
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In the Griggs v. Duke Power case, The requirements of the test had the effect of what?
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disqualifying a disproportionately high number of blacks
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In the Griggs v. Duke Power case, who had the jobs in question been occupied by?
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white employees
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In the Griggs v. Duke Power case, the district and court of appeals found that though the company had openly discriminated against blacks, the policy did not do what?
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Violate Title VII
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In the Griggs v. Duke Power case, the supreme court determined that it was problematic because of two provisions of Title VII
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Sec. 703 & 42 USC 200e-2(a)
Sec. 703 & 42 USC 200e-2(h) |
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Sec. 703 & 42 USC 200e-2(a) AND Sec. 703 & 42 USC 200e-2(h)
Basically state what? |
You cannot limit employees or applicants in any way which would deprive them or jack up their status based on protected classes AND
No ability tests can be used to discriminate against protected classes |
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Griggs v. Duke Power is case law for what theory?
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Disparate or Adverse Impact
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The complainant was laid off as part of a general work reduction by the employer. He then participated in “lock in” and blocking of access to the plant. After these activities, Mr. Green responded to a help wanted ad, applied for reemployment, and his application was rejected. The district court concluded that Mr. Green’s application was rejected due to his illegal activities and not because of racial discrimination. The district court also dismissed the case.
Is the synopsis for what EO case law? |
McDonnell v. Green
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In McDonnell v. Green, the Eighth Circuit Court of Appeals vacated the decision of the court based on race discrimination and remanded the case stating that the complainant should be given an opportunity to show that the employer’s reason for refusing to hire him were a “pretext” for racial discrimination.
This case law is an example of? |
Disparate Treatment
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What are the components that are given administrative process explained in the purpose of the compliant process?
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Accepting, investigating, resolving and adjudicating
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An administrative process for accepting, investigating, resolving, and if necessary, adjudicating complaints of discrimination involving federal employees or applicants for employment is what?
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The Purpose of the EEO Complaints Process
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What is the first element of the pre-complaint process?
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An Occurrence or any incident related to employment practice an individual considers discriminatory
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How soon must the counselor be contacted from the date of the occurrence?
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45 Calendar Days
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How long does a counselor have to conduct an inquiry?
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30 Calendar Days
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How long can an inquiry be extended?
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60 Calendar Days
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What are the three areas the counselor will cover during the initial meeting?
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The complaint process
The Alternate Dispute Resolution (ADR) The rights and responsibilities of the aggrieved, including the other avenues of redress |
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What two choices does the aggrieved have at the end of the pre-complaint stage?
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The aggrieved must make an election of traditional counseling or ADR.
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After the notice of final interview (notice of right to file), how many days does the complainant have to file?
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15 Calendar Days
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If ADR is chosen, how may days are allotted for the process to be completed?
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90 Calendar Days
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What are the step taken, if there is no resolution through ADR?
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A notice of final interview (right to file) is given and the aggrieved is reminded about the 15 days to file formally
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Regardless of whether the pre-complaint stage ends in ADR or inquiry, this must be completed by the counselor if the case goes to the formal complaint?
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EEOC counselor report
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DoD Directive 5145.5: 3.1 appliess to what?
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Alternative Dispute Resolution
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This is a fair and efficient process to help resolve employment disputes and reach an agreement
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Mediation
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This gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreements into solutions
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Mediation
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All ADR methods feature the use of an individual who functions specifically to aid the parties in resolving the controversy called a what?
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Neutral
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What are the methods of ADR other than mediation?
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Facilitation
Fact-Finding |
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A Report, sometimes a transcript, can become the basis for resolution as a result of
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Fact Finding
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Typically works with all participants at once
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Facilitation
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Neutral assists disputants with clarifying their viewpoints
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Facilitation
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Helps disputants reach their goal through enhanced understanding
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Facilitation
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Person or group, often with technical expertise on matter of dispute, evaluates and prepares a report establishing the “facts” of the case
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Fact Finding
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Elements of the formal complaint stage are:
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1. Formal complaint filed – must be within 15 days of the Notice of Final Interview
2. Agency acknowledges receipt of complaint 3. Complaint accepted or dismissed in whole or in part 4. Agency requests an investigation (if accepted) 5. Complainant notified of investigation 6. Complaint investigated 7. Report of Investigation (ROI) completed 8. ROI mailed to complainant by agency 9. Complainant must elect: |
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At the end of a formal complaint, the complainant must elect from what two options?
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a. Final Agency Decision (FAD). Decision can be appealed to the EEOC’s Office of Federal Operations (OFO)
b. Hearing by EEOC Administrative Judge based on the record or an actual hearing |
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In a formal complaint, after the complainant decides to use FAD or a hearing with an EEOC Admin Judge who is the appealing authority for both options?
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The EEOC - Office of Federal Operation
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True or False?
ADR can be utilized any time throughout the process. |
True
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In the Burden of Proof Analysis, management must...
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state a legitimate, nondiscriminatory reason for their actions.
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In the Burden of Proof Analysis, The complainant in Title VII must do what?
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must carry the initial burden of proof establishing a “prima facie” case of discrimination showing that the complainant belongs to one or more of the protected categories and due to one or more of those protected categories an employment action was taken or not taken due to that category.
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What is the shifting burden of proof?
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When he complainant must show that management’s articulated reason for their actions is a “pretext” for discrimination.
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1. Non-selection
2. Performance Appraisal 3. Performance Award 4. Adverse Performance Appraisal 5. Disciplinary Actions 6. Disability / Reasonable Accommodation 7. Harassment Are the what? |
Typical matters - employment-related issues (personnel actions)
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What are the Title VII Prohibited discriminatory basis (es)?
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1. Race
2. Color 3. National Origin 4. Religion 5. Sex (gender) 6. Reprisal |
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What are Prohibited bases under Federal laws, Acts or Executive orders
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1. Parental status
2. Sexual orientation 3. Age 4. Disability 5. GINA |
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What is PROF SHEM?
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Qualities of an effective EEO Counselor
Perceptiveness Resourcefulness Objectivity Flexibility Stability Honesty Empathy Maturity |
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How long does a Request for Investigation get to process?
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180 Days
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