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C202 Deck 1
| Question | Answer |
|---|---|
| to identify, assess, and resolve risks before they become serious threats to the organization. | risk management |
| consists of identifying, analyzing, and prioritizing risks | Risk assessment |
| involves risk management planning and monitoring and resolving risks. | Risk control |
| Once risks have been identified and assessed, all techniques to manage the risk fall into one or more of these four major categories | 1. Avoidance 2. Reduction 3. Sharing: 4. Retention |
| is when only objective, merit-based, and job-related characteristics are used to determine employment-related decisions | Fair discrimination |
| are those that violate a federal, state, or local employment law, for example by unfairly discriminating against people with legally protected characteristics including pregnancy, religion, or age | Unlawful employment practices |
| Employment laws help to limit employer power and reduce | unfair discrimination. |
| is the body of case-by-case court decisions that determines what is legal and what remedies are appropriate | Common law |
| a civil wrong in which an employer violates a duty owed to its customers or employees, is handled at the state level | workplace tort, |
| An example of a tort is when | n employee agrees to let a company use her photo in an employee newsletter, but the employer later uses it in a public advertisement without her permission |
| Prohibits retaliation against employees seeking to unionize. | National Labor Relations Act of 1935 |
| Establishes both a national minimum wage and overtime rules. | Fair Labor Standards Act (FLSA) of 1938 |
| Prohibits wage discrimination on the basis of sex. | National Labor Relations Act of 1935 Prohibits retaliation against employees seeking to unionize. Fair Labor Standards Act (FLSA) of 1938 Establishes both a national minimum wage and overtime rules. Equal Pay Act of 1963 |
| Prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII also covers sexual orientation and transgender status. | Title VII of the Civil Rights Act of 1964 |
| Age Discrimination in Employment Act (ADEA) of 1967 | Protects people 40 years of age or older |
| Prohibits discrimination against qualified individuals with a disability. | Rehabilitation Act of 1973 |
| Prohibits discrimination against and requires affirmative action for disabled veterans as well as other categories of veterans. | Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) (Amended in 2002 by the Jobs for Veterans Act) |
| Reconciliation Act (COBRA) of 1986 Employers with group health plans and 20 or more employees in the prior year must offer continued health and dental insurance coverage to terminated employees for limited periods of time. | Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986 |
| The Immigration Reform and Control Act of 1986 is also known as the Simpson-Mazzoli Act | Immigration Reform and Control Act of 1986 (IRCA) |
| The IRCA is a federal law that regulates the employment of foreign workers. It designates which workers it is legal to hire and tells employers how to verify the legality of workers. The Act: | Immigration Reform and Control Act of 1986 (IRCA) |
| Employers with at least 100 employees must give at least 60 days’ notice to workers of plant closings or mass layoffs of 50 or more people (excluding part-time workers). | Worker Adjustment and Retraining Notification Act (WARN) of 1988 |
| Prohibits discrimination of a qualified individual with or perceived as having a disability; focus on fair treatment and reasonable accommodation. | Americans with Disabilities Act of 1990 (Amended in 2008) |
| Requires leave and job-return for personal or family medical reasons and for the care of newborn or newly adopted children | Family and Medical Leave Act of 1993 |
| prohibits employers from discriminating against applicants who may be called into military service. | The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 |
| Provides standards for the electronic exchange, privacy, and security of health information. | The Health Insurance Portability and Accountability Act (HIPAA) of 1996 |
| Prohibits employers from discriminating against individuals based on the results of genetic testing when making hiring, firing, job placement, or promotion decisions. | Genetic Information Nondiscrimination Act of 2008 |
| Was created to make healthcare more affordable and more easily accessible to a wider range of Americans.Businesses with fewer than 50 full-time employees do not have to provide health insurance | The Patient Protection and Affordable Care Act of 2010 (ACA) |
| For employees but businesses with fewer than 25 employees receive tax breaks for complying with the ACA. | The Patient Protection and Affordable Care Act of 2010 (ACA) |
| In a single 12-month period, eligible employees are entitled to: | Family and Medical Leave Act of 1993 |
| the birth of a child and to care for the newborn child within one year of birth | Family and Medical Leave Act of 1993 |
| the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; | Family and Medical Leave Act of 1993 |
| the caring of the employee’s spouse, child, or parent who has a serious health condition; | Family and Medical Leave Act of 1993 |
| a serious health condition that makes the employee unable to perform the essential functions of his or her job | Family and Medical Leave Act of 1993 |
| any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty; | Family and Medical Leave Act of 1993 |
| Twenty-six workweeks of leave to care for a covered military service member with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee | Family and Medical Leave Act of 1993 |
| refers to proactive efforts to eliminate discrimination and its past effects. | Affirmative action |
| r groups underrepresented in employment—particularly Black Americans, Native Americans, Asian Americans, Hispanic Americans, and women | protected classes |
| Affirmative action plans should | 1. Be remedial 2. Include nonminorities 3. Be temporary 4. Be formalized and in writin |
| Preferential treatment can be given to qualified applicants of underrepresented protected groups only in | Preferential treatment can be given to qualified applicants of underrepresented protected groups only in |
| Employment preference given to a member of a protected group is called | Preferential Treatment |
| refers to unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature | Sexual Harassment |
| When the harassment creates a hostile, intimidating, or otherwise offensive working environment, the victim can make a claim for | hostile environment harassment. |
| A victim of hostile environment harassment, who may or may not be the target of the harassment, may feel | fearful, demeaned, or belittle |
| Just being sufficiently bothered by the hostile environment created by behavior, including whistling, lewd jokes, foul language, pictures, or e-mails, can fuel a | Successful lawsuit under hostile environment harassment |
| is intentional discrimination based on a protected characteristic. | Disparate treatment |
| Disparate treatment occurs if an employment decision would change if | the applicant’s race, religion, national origin, color, sex, disability, or age were different. |
| occurs when an employment practice has a disproportionate effect on a protected group, regardless of its intent | Adverse Impact |
| Title VII prohibits employers from | treating applicants or employees differently because of their membership in a protected group. |
| , disparate treatment is intentional | discrimination based on a person’s protected characteristic. |
| The seminal adverse impact case is the Supreme Court’s 1971 decision in Griggs v. Duke Power Co | Duke Power Company changed its policy of only allowing Black workers to be laborers to instead require a high school diploma and a passing score on an “aptitude test” for promotion beyond laborer |
| or comparing an applicant’s scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup, is unlawful | race norming, |
| the four-fifths rule measuring adverse impact | requires calculating if members of a protected class are selected at a rate less than four-fifths (80 percent) of that of another group |
| Disparate Treatment | 1. Disparate Treatment Adverse (or Disparate) Impact Intentional discrimination 2. Different standards for people from different protected groups 3. Unequal treatment based on a protected characteristic 4. Discriminatory actions or policies |
| Adverse (or Disparate) Impact | 1. Unintentional discrimination 2. Same standards for everyone resulting in different consequences for members of at least one protected group 3. consequences for people with a protected characteristic 4. Facially neutral actions or policies |
| truth in hiring involves misrepresenting the job or the organization to a recruit | Fraudulent Recruitment |
| To win a case involving an allegation of fraudulent recruitment and hiring, the plaintiff must prove five things | 1. false representation of a material fact 2. insufficient basis for asserting that it was true 3. intended the employee to rely on the representation 4. justifiably relied on the representation 5. suffered damages as a result of doing so, |
| Employees should avoid using language that could be interpreted as discriminatory. | Policy |
| To receive reimbursement, employees need to submit receipts from travel and dining. | Procedure |
| The company advocates, in all operational aspects, for diversity of experience, background, and culture to support innovation, workplace environment, employees, customers, and stakeholders | Policy |
| Employees wishing to take time off should give prior written notice to their supervisors. | Procedure |
| The Perception of Possible Personal Loss | advantaged groups who traditionally have dominated a company’s workforce may feel threatened by diversity initiatives, believing they will “lose out” on future employment opportunities |
| Prejudice is | a preconceived opinion that is not based on reason or actual experience. |
| an employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship | reasonable accommodation |
| bona fide occupational qualification (BFOQ) | a characteristic that is essential to the successful performance of a relevant job function |
| unlawful employment practices | violate a federal, state, or local employment law |
| the body of case-by-case court decisions that determines what is legal and what remedies are appropriate | Common law |
| employment preference given to a member of a protected group | employment preference given to a member of a protected group |
| an arm of the U.S. Department of Labor; administers and enforces the three equal employment opportunity programs that apply to federal contractors and subcontractors | The Office of Federal Contract Compliance Programs (OFCCP) |
| Rehabilitation Act of 1973 | prohibits discrimination against qualified individuals with a disability |
| employment preference given to a member of a protected group | Preferential treatment |
| high involvement or high commitment organizations | high-performance work systems (HPWS) |
| The 4 types of organizational culture: | Entrepreneurial · Bureaucratic · Consensual · Competitive |
| utilitarian standard | the ethical action that best balances good over harm |
| consensual culture | the type of culture that emphasizes loyalty and tradition and encourages employees to stay with the organization for a long time; promotion is generally from within the company; law firms and the military are examples |
| Hrm metrics | the measurement of those HRM activities that contribute to business strategy execution and the organization’s financial performance (absence rate, cost per hire, job offer acceptance rate, etc.) |
| Virtue | this ethical action is consistent with certain ideal virtues, including civility, compassion, and benevolence |
| entrepreneurial culture | the type of culture that emphasizes creativity, innovation, and risk taking; Google and Tesla are examples |
| a decision-making guide that describes the highest values to which an organization aspires | Code of ethics |
| mphasizes formal structures and the correct implementation of organizational procedures, norms, and rules; commonly associated with consistency and high ethical standards; | bureaucratic culture |
| Being asked to directly supervise a family member | Ethical Dilemma |
| A human resource manual specifies that employees cannot be terminated or punished for refusing to follow an illegal request made by a supervisor. | Rights standard |
| What is the goal of affirmative action? | To seek to remedy past practices C that innately caused an adverse effect on applicants |
| A female employer is accused of having an employment practice that negatively impacts women. The employer responds that she has the same requirements for male and female applicants and wants to hire other women. | Adverse impact is unintentional and relates to policies applied to all employees. |
| Which protected classes must a company set hiring goals for under Executive Order 11246? | Minorities and women |
Created by:
mnapole