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A primary responsibility of an HR manager is to assist in avoiding any _____ _____ that can create legal, ethical or social problems with employees, former employees, the community or other stakeholders.

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discriminatory situations

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making distinctions, or choosing one thing over another; in HR, it is making distinctions among people.

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Discrimination

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making distinctions that harm; using a person's membership in "protected class" as basis for employment decision.

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illegal discrimination

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what does OUCH stand for?

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objective, uniform, consistent effect, has job relatedness

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fact based and quantifiable

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objective

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apply same "tests" in same ways.

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uniform

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ensure result not significantly different for different groups.

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consistent effect

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action must relate to essential job functions.

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has job relatedness

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Used by Federal courts, Department of Labor and EEOC to determine whether disparate impact exists in an employment "test".

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the 4/5 rule

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If test results disproportionately rule out a protected group, then not consistent in effect.

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the 4/5 rule

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can be used to determine the possibility of reverse discrimination.

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the 6/5 rule

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a thumb rule used whenever you are contemplating any employment action, to maintain fairness and equity for all of your employees or applicants; use this when you are contemplating any action that involves your employees.

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OUCH test

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exists when individuals in similar situations are intentionally treat differently and the different treatment is based on an individual's membership in a protected class.

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disparate treatment

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occurs when an officially neutral employment practice disproportionately excludes the members of a protected group

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disparate impact

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is generally considered to be unintentional, but intent is irrelevant

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disparate impact

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EEO; The right of all people to work and to advance on the basis of merit, ability, and potential.

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equal employment opportunity

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led to the civil rights movement, resulting in federal laws to promote equal employment opportunity.

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discrimination

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occurs when a person or group engages in a sequence of actions over a significant period of time that is intended to deny the rights provided by Title VII (the 1964 CRA) to a member of a protected class.

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pattern or practice discrimination

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many state and local laws became invalid after passage of Civil Rights Act and other EEO legislation.

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supremacy clause of the US constitution

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States may pass laws against discrimination in ___ ____ ____ by federal law, as long as it does not require or permit an act that is unlawful under federal legislation.

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areas not covered

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Requires that women who do the same job as men ("equal skill, effort, and responsibility, and performed under similar working conditions"), in the same organization, receive the same pay.

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Equal Pay Act of 1963

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Pay differences that result from differences in seniority, merit, quantity or quality of production, or any factor other than sex (e.g., shift differentials, training programs), are legally allowable.

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Equal Pay Act of 1963

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Illegal for employer to discriminate in hiring, discharge (firing), or any other employment-related action based on: Race, Color, Religion, Sex, or National Origin

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Title VII of the civil rights act of 1964

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what the title VII of the civil rights act of 1964 says that you can not discriminate against

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race, color, religion, sex, national origin

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Private employers: 15 or more people, employed 20 or more weeks per year

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CRA of 1964

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All educational institutions

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CRA of 1964

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Federal, state and local governments

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CRA of 1964

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All employment agencies

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CRA of 1964

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Unions with a hiring hall or office, or with 15 or more members

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CRA of 1964

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Joint labor-management committees for apprenticeships and training

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CRA of 1964

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a qualification that is absolutely required in order for an individual to be able to successfully do a particular job; the qualification cannot just be a desirable quality within the job applicant, but must be mandatory.

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bona fide occupational qualification

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exists when a particular practice is necessary for the safe and efficient operation of the business, and there is a specific business purpose for applying a particular standard that may, in fact, be discriminatory

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business necessity

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exists when a test for employment is a legitimate measure of an individual's ability to do the essential functions of a job

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job relatedness

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Permits employer to use religion, age, sex or national origin (never race or color) as a factor in its employment practices when reasonably necessary to normal operation of that business.

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bona fide occupational qualification

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Most employers most frequently raise the ____ exception because of sex.

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bona fide occupational qualification

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key case in reverse discrimination

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ricci vs destafano

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employee is intentionally treated differently based on membership in "protected" class.

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disparate (adverse) treatment

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neutral practice disproportionately and unintentionally excludes members of protected group.

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disparate (adverse) impact

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employer engages in actions over time that intentionally deny Title VII rights to member of protected class.

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pattern or practice

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what does ADEA stand for?

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age discrimination in employment act

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Prohibits discrimination against employees age 40 or older in organizations with 20 or more workers.

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age discrimination in employment act

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Enacted to protect older workers, who tend to have higher salaries, from being fired so employers can replace them with younger workers who make significantly less money.

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age discrimination in employment act of 1967

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Employers with Federal contracts/subcontracts of $100,000 or more must provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war, campaign or expedition.

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Vietnam Era Veterans Readjustment Assistance Act

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Enacted to protect Vietnam War soldiers who were discriminated against because U.S. public opinion was strongly opposed to the war.

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Vietnam Era Veterans Readjustment Assistance Act

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is a written document outlining specific goals and timetables for remedying past discriminatory actions.

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affirmative action plan

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is the law. Affirmative Action applies only to specific situations.

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equal employment opportunity

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Federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, monitored by OFCCP.

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affirmative action

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all U.S. government agencies prepare these

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affirmative action plans

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Title VII and EEOC do not require any specific type of written affirmative action plan, but court rulings often require affirmative action for discrimination.

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affirmative action

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What is the danger of a "voluntary" affirmative action plan?

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possible charges of reverse discrimination.

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the existence of differences

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diversity

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fosters creativity and innovation through divergent thinking; so excluding qualified people because they are "different" is counterproductive to business success.

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diversity

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what does PDA stand for?

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pregnancy discrimination act

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Requires employers to treat pregnant women the same as they treat any employee with a medical condition with respect to employment-related purposes.

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pregnancy discrimination act

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Enacted because in the 1970s, companies started lowering their health insurance costs by excluding pregnancy from their policies.

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pregnancy discrimination act

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what does the ADA stand for?

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americans with disabilities act

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Prohibits discrimination based on disability. Applies to employers of 15 or more employees

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americans with disabilities act

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Requires employers to make "reasonable accommodation" to individuals with disability, if otherwise qualified to perform "essential functions" of the job, unless it imposes an "undue hardship" on employer.

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americans with disabilities act

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Corrects major omissions of 1964 CRA and overturns several U.S. Court decisions.

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civil rights act of 1991

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Allows compensatory and punitive damages for intentional or reckless discrimination.

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civil rights act of 1991

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Prohibits "discriminatory use", also called race-norming, of test scores.

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civil rights act of 1991

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what does USERRA stand for?

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Uniformed Services Employment and Reemployment Rights Act

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Insures civilian reemployment rights of military members called away from their non-military jobs by U.S. government orders.

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Uniformed Services Employment and Reemployment Rights Act

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what does VBIA stand for?

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veteran's benefits improvement act

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Extends employers' requirement to maintain health care coverage for up to 2 years for employees serving on active duty, and requires employers to post a notice of benefits, duties, and rights under USERRA/VBIA.

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veteran's benefits improvement act

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what does GINA stand for?

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Genetic Information Nondiscrimination Act

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Prohibits use of genetic information in employment and intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

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genetic information nondiscrimination act

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Amends Title VII of CRA. Extends period of time an employee is allowed to file a compensation discrimination lawsuit to within 180 days after "any application" of a discriminatory compensation decision.

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lilly ledbetter fair pay act

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This includes every time an individual gets paid, as long as discrimination is continuing.

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lilly ledbetter fair pay act

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what does INA stand for?

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Immigration and Nationality Act

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Allows employment of immigrant workers in certain specialty occupations such as engineers, teachers, computer programmers, medical doctors, and physical therapists.

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immigration and nationality act

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Also specifies requirements to apply for such employment and annual limits to number of workers who can apply for work visas in these specialty occupations.

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immigration and nationality act

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what does IRCA stand for?

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Immigration Reform and Control Act

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Requires that employers only hire individuals who are authorized to work legally in the U.S.

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Immigration Reform and Control Act

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Prohibits employers from knowingly hiring undocumented workers and requires employers to verify each employee's eligibility for employment.

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Immigration Reform and Control Act

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what does EEOC stand for?

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