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SM Chapter 2
| Term | Definition |
|---|---|
| Title Vll of the 1964 Civil Rights Act | states that an employer cannot discriminate based on race, color, religion, sex, or national origin |
| the Equal Employment Opportunity Commission (EEOC) | five members appointed by the President with the advice and consent of the Senate that administer and enforce the Civil Rights Act at work |
| affirmative action | steps that are taken for the purpose of eliminating the present effects of past discrimination |
| Equal Pay Act of 1963 | unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions |
| The Age Discrimination in Employment Act of 1967 (ADEA) | unlawful to discriminate against employees or applicants who are between 40 and 65 years of age |
| The Vocational Rehabilitation Act of 1973 | requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons |
| The Pregnancy Discrimination Act of 1978 | prohibits using pregnancy, childbirth, or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in any term or condition of employment |
| Uniform Guidelines | The EEOC, Civil Service Commission, Department of Labor, and Department of Justice issue "highly recommended" procedures for things like employee selection and record keeping |
| Griggs v. Duke Power Company | discrimination does not have to be overt to be illegal, employment practice has to be job related if it has an unequal impact on members of a protected class, the burden of proof is on the employer to show the hiring practice is job related |
| Albemarle Paper Company v. Moody | if an employer want to test candidates for a job, the employer should clearly document and understand the job duties and responsibilities + the job's performance standards should be clear and unambiguous |
| The Civil Rights Act of 1991 | H.W Bush signed into law to where it stood before the 1980s decisions and to place more responsibility on employers; an employee claiming intentional discrimination can ask for compensatory damages and punitive damages |
| Under CRA 1991 | an employer cannot avoid liability by proving it would have taken the same action even without the discriminatory motive |
| The Americans with Disabilities Act (ADA) | prohibits employment discrimination against qualified disabled individuals, employers must make reasonable accommodations unless it imposes an undue hardship |
| qualified individuals | Under ADA, those who carry out the essential functions of the job |
| Reasonable accommodation | might include redesigning the job, modifying work schedules, or modifying or acquiring equipment or other devices |
| Uniformed Services Employment and Reemployment Rights Act | employers are generally required to reinstate employees returning from military leave to positions comparable to those they had before leaving |
| Genetic Information Nondiscrimination Act of 2008 | prohibits discrimination by health insurers and employers based on people's genetic information |
| Religious discrimination | involves treating someone unfavorably because of his or her religious beliefs |
| State and local laws | often cover organizations too small to be covered by federal laws |
| ADA Amendments Act of 2008 | makes it easier for employee to show that his or her disability "substantially limits" a major life function |
| Vietnam Era Veterans' Readjustment Assistance Act of 1974 | Requires affirmative action in employment for veterans of the Vietnam War era |
| Sexual harassment | harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment |
| The Federal Violence Against Women Act of 1994 | provides that a person "who commits a crime of violence motivated by gender and thus deprives another of her rights shall be liable to the party injured |
| Disparate treatment | exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group" |
| Disparate impact | means that "an employer engages in an employment practice or policy that has a greater adverse impact on the members of a protected group under Title Vll than on other employees, regardless of intent" |
| Adverse impact | the overall impact of employer practices that result in significantly higher percentages of members of minorities and other protected groups being rejected for employment, placement, or promotion |
| The disparate rejection rate | method that compares the rejection rates for a minority group and another group (usually the remaining non-minority applicants) |
| 4/5s rule | Federal agencies use this to assess disparate rejection rates, a selection rate less than 4/5s or 80% of the group with the highest rate will be considered evidence of an adverse impact |
| The Standard Deviation Rule | used to confirm adverse impact |
| Restricted policy | demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group |
| Population Comparisons | this approach compares the % of minority/protected group and white workers in the organization with and the % of the corresponding group in the labor market |
| McDonnell Douglas test | belongs to a protected class, applied & was qualified for the job, was rejected, and then the position remained opened and the employer continued seeking applicants from people with the same qualifications |
| bona fide occupational qualification (BFOQ) | requirement that an employee be of a certain religion, sex, or national origin where that is reasonably necessary to the organization's normal operation. specified by the 1964 Civil Rights Act |
| Business necessity | requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable |
| The EEOC Charge-Filing Process | file charge, charge acceptance, serve notice, investigation/fact-finding conference, cause/no cause, conciliation, notice to sue |
| alternative dispute resolution | grievance procedure that provides for binding arbitration as the last step |
| Diversity | the variety of multiplicity of demographic features that characterize a company's workforce, particularly in terms of race, sex, culture, national origin, handicap, age, and religion |
| Stereotyping | ascribing specific behavioral traits to individuals based on their apparent membership in a group |
| gender-role stereotyping | the tendency to associate women with certain (frequently non-managerial) roles |
| Prejudice | a bias toward prejudging someone based on that person's traits |
| Discrimination | taking specific actions toward or against the person based |
| Tokenism | a company appoints a small group of women or minorities to high-profile positions, rather than more aggressively seeking full representation for that group |
| Ethnocentrism | the tendency to view members of other social groups less favorable than one's own |
| Managing diversity | maximizing diversity's potential benefits while minimizing the potential problems, such as prejudice, that can undermine cooperation |
| Reverse discrimination | discriminating against nonminority applicants and employees |
Created by:
calliemiller729