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I/O Personnel Psycho
LA Tech, Psych. 516, Test 1 Chapter 2
| Question | Answer |
|---|---|
| Statutes | laws enacted by congress |
| Certiorari | when 2 or more district courts have heard a similar case and come to different conclusions or when a major constitutional interpretation is involved. |
| Writ of certiorari | a decision by the Supreme Court to hear an appeal from a lower court. (It is not a right of an individual to bring a case to the supreme court.) |
| Discrimination | Not defined by the courts. For work purposes: the giving of an unfair advantage or disadvantage to members of a particular group in comparison to members of another group. |
| 2 types of discrimination | unequal (disparate) treatment and adverse impact |
| unequal (disparate) treatment | discrimination based on an intention to discriminate. (includes retaliation) |
| adverse impact | Unintentional discrimination. When the same procedures are applied to everyone even though it results in a difference in employment outcomes for members of a particular group and they are unrelated to success on the job. |
| 3 Subtheories of disparate treatment theory | a.Cases proven w/ direct evidence- Open expression of hatred/inequality knowingly against members of a group. b.Cases proven w/ circumstantial evidence –statistical evidence shows disc. against classes of individuals. c.Mixed motive cases –(hybrid theory) |
| mixed motive case | hybrid theory - uses direct evidence and proof that the employer’s stated legitimate basis for employment decision is a pretext for illegal discrimination. |
| Nondiscrimination laws | employers in public and private sectors are subject to these. |
| Executive orders | government contractors and subcontractors are subject to these. Enacted by the president. |
| 13th amendment | prohibits slavery and invlountary servitude. Any form of discrimination can fall under this amendment. |
| 14th amendment | guarantees equal protection of the law for all citizens. |
| Equal Pay Act of 1963 | Differential in pay can be based on seniority and merit systems. Not based on gender. Requires equal pay for men and women who do work that is substantially equal. |
| Equal pay for jobs of comparable worth | Would require equal pay for work of equal value to an employer. (Rate of pay for fields dominated by women tend to be less than rate of pay for fields dominated by men.) |
| BFOQ’s Bona Fide Occupational Qualifications | discr. in employment is legal when a qualification is “reasonably necessary to operation of that particular business or enterprise.” Courts interpret these narrowly. preferences don't count. ___ arent a viable defense to a race claim under Title VII. |
| Preemployment inquiries and testing | legal as long as they are not used as bases for discrimination |
| Preferential treatment | cannot be given to individuals or groups based on Title VII |
| Immigration reform and control act of 1986 | national immigration policy is respon. of every employer. they cant hire or cont. to employ a person unauthorized to work in the U.S. Must sign an I-9 form. |
| Case law | serves as a precendent to guide but not fully determine future legal decisions. |
| Sexual harassment | a form of discrimination prohibited by Title VII. Refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct when submission is a term or condition of an individual’s employment or promotion. |
| Two main types of sexual harassment | quid pro quo and hostile work environment |
| quid pro quo | you give me this, I’ll give you that. (when the harassment is a condition of employment.) |
| Hostile work environment | an intimidating, hostile or offensive atmosphere. |
| Prima facie | a body of facts presumed to be true until proven otherwise |
| To establish a prima facie case based on age discrimination, the employee must show: | -they are within the protected age group (over 40) -they are doing satisfactory work -they were discharged despite satisfactory work performance -a younger person filled the position |
| English only rules | may discriminate against national origin but only if there is no business justification for the rule. |
| Seniority | connotes length of employment. As ________ increases over time, so does the employee’s benefits and rights. In court cases, an already established _______ system has won out over EEO issues and ADA issues especially where unionized. |
| Reverse discrimination | the hiring of minorities and women putting qualified white males at a competitive disadvantage. |
| How can employers be fair to protected and non-protected groups | a.Courts &/or employers may establish affirmative action plans w/ goals & timelines. People not in original suit cant re-open approved affir. action plans. b.can be for entire class not just identified victims c.Court may impose limited burdens on whites |
| Numerically based preferential programs | court rulings have stated that giving extra points to an applicant solely due to being in a minority group is unlawful. (such as college admissions) College applications should be examined individually. diversity efforts are ok, quotas are not. |
Created by:
cjd021
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