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Sociology Answer Key-Exam#5 – Flashcards 50 terms
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Daphne Armenta
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Affirmative Action Program Clear And Present Danger Test Cruel And Unusual Punishment Illegally Seized Evidence National Security Agency Political Science Social Welfare Programs
PLSC Worksheet 4 – Flashcards 50 terms
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Sara Graham
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Affirmative Action Program AP United States History Civil Rights Act Of 1968 United States History
USH Final – History – Flashcards 99 terms
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Lesly Lloyd
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Affirmative Action Program Early 20th Century Human Resources Management Management Problem Solving
Business Final Chapters 9-16 – Flashcards 50 terms
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Michael Seabolt
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Affirmative Action Program Business Business Management Economic Model Of Social Responsibility Equal Employment Opportunity Commission Let The Buyer Beware Principles Of Marketing
Business 101 quiz 2 – Flashcards 28 terms
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Isabel Padilla
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Affirmative Action Program Business Management Economic Model Of Social Responsibility Equal Employment Opportunity Commission Let The Buyer Beware Principles Of Marketing
Business Practice Quiz Ch 1-3 – Flashcards 49 terms
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Lewis Edwards
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Affirmative Action Program Clean Air Act Equal Employment Opportunity Commission Ethical Behavior In Business Let The Buyer Beware
Flashcards on Foundations of Business Chapter 2 35 terms
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Ewan Tanner
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Which of the following is the objective of the affirmative action program?
To have the company’s workforce demographics reflect as closely as possible the demographics in the labor market
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In which case did the Supreme Court apply strict scrutiny to an affirmative action case but nevertheless find in favor of the affirmative action program? Regents of the University of California v. Bakke Adarand Constructors v. Pena Grutter v. Bollinger Roe v. Wade
Grutter v. Bollinger
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The affirmative action program is reviewed by
The Office of Federal Contract Compliance Programs
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The purpose of an affirmative action program is to
Increase the number of minority employees at all levels within an organization.
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Adam, an HR manager, was using reports from the U.S. Bureau of Labor Statistics and the U.S. Census Bureau for information about his industry’s labor pool in his geographic area. Adam is planning to A. perform a job analysis. B. recruit from inside the organization. C. analyze human capital. D. develop an affirmative action program. E. recruit from outside the organization.
E. recruit from outside the organization
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It is unconstitutional for a business to set quotas for hiring minorities to satisfy an affirmative action program. In fact, quotas are a form of discrimination called reverse discrimination.
6-5d Preemployment Guidance The EEOC has issued ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations. The guidelines note that the ADA prohibits employers from asking disability-related questions or requiring medical exams before a job is offered. Hence, employers cannot ask questions about the nature or severity of a disability. The following are examples of questions that are illegal to ask during a job interview:Have you ever been treated for mental health problems? Have you ever filed for workers’ compensation benefits? Do you have a disability that would interfere with your ability to perform the job? How many sick days were you out last year? Have you ever been unable to handle work-related stress? Have you ever been treated for drug addiction or drug abuse? In the case of illegal drugs, past addiction is treated as a disability, but current use is not, so applicants may be asked about current use and may be given a drug test. However, alcoholism is a protected disability and applicants may not be asked questions about drinking habits, although it is permissible to ask whether an applicant has been arrested for driving under the influence of alcohol, if relevant.If a disability is obvious, or if an applicant volunteers a disability, some questions may be asked about the need for reasonable accommodation. For example, if an applicant discloses that she needs breaks to take diabetes medication, the employer may ask how often such breaks are needed and how long they would be. Employers may make clear the requirements needed to perform a job, and if it is dubious that someone could perform a job function, an applicant may be asked to demonstrate how he or she could accomplish the task. Once a job offer has been made, an employer may ask for documentation of a disability and may ask more questions about the reasonable accommodation needed for the employee. If a physical exam is given to new employees, similar exams must be given to all employees in the same job category, and the results must be kept confidential. Such exams can be given so long as they are related to the ability to do the job, not because an employer is trying to screen out employees with potential health problems. As we saw in the Keith case, when an applicant is qualified for employment, there may need to be a professional assessment of the person’s limitations and how best to accommodate. Violations by Employers As in the case of discrimination based on race, sex, or age, the law is broken if a qualified person is denied an opportunity primarily because of disability. However, in the case of disabilities, besides not discriminating, an employer must also make reasonable accommodations. In this sense, there is an affirmative action requirement, but it is not one tied to specific goals. This requirement works on a case-by-case basis. Employment situations that have been in violation of the law include: Using standardized employment tests that tend to screen out people with disabilities Refusing to hire applicants because they have a history of alcohol abuse, rather than because they are currently alcohol abusers Rejecting a job applicant because he or she is HIV-positive Asking job applicants if they have disabilities, rather than asking if they have the ability to perform the job Limiting advancement opportunities for employees because of their disabilities Not hiring a person with a disability because the workplace does not have a bathroom that can accommodate wheelchairs Of all areas of employment discrimination law, disability assessment and accommodation is probably the most unsettled, so employers need to stay on top of developments in the area. Issue Spotter Accommodating Disabilities The Americans with Disabilities Act does not give “bright lines” for exactly what accommodations are reasonable for employees with disabilities. Proper accommodations must be determined case-by-case. The key terms are “reasonable” and “undue hardship.” What guidelines would you set for an organization in developing an accommodation policy? © Cengage Learning Lighter Side of the Law I Have the Right to Harass Women Winston was fired after years as an English teacher in the Maine Technical College System. While complaints had been made of sexual misconduct, he was dismissed because of a sexual harassment complaint, which was filed for kissing a female student “after a sexually suggestive conversation.” Winston sued, “claiming that he was terminated because of his ‘mental handicap of sexual addiction’.” His expert witness testified that this disorder, which had led to his seeking the services of prostitutes, was a permanent condition but that Winston could perform his job as a teacher. The supreme court of Maine tossed out the complaint, noting that the ADA specifically excludes “sexual behavior disorders” from the term disability. Source: Winston v. Maine Technical College System, 631 A.2d 70. Test Yourself Executive Order , concerning proper utilization of workers on the basis of sex and minority status, applies to all companies with or more employees: AnswerT F Answer2. If a firm subject to Executive Order is not in compliance, it may be ordered to institute a(n) affirmative action program. 3. In Keith v. County of Oakland, where Keith sued for disability discrimination after he was rejected from being hired as a lifeguard, the appeals court held that: Answer he was not disabled under the ADA. he was disabled under the ADA but the employer could not be expected to make reasonable accommodations. he was disabled under the ADA but was not qualified for employment even with attempts at accommodation. None of the above. Answer4. If an employee is disabled under the ADA, an employer is not expected to make a reasonable accommodation if it would impose a(n) undue hardship on business operations. 5. A person may be covered by the ADA even if one is not disabled if other people believe the person is disabled: Answer T F 6. Employers should, in the hiring process, collect “competent information” about applicants’ disabilities so the employer can properly consider reasonable accommodations: AnswerT F Add Bookmark to this Page
Title VII gives the courts leeway in the kinds of damages and equitable remedies that may be imposed when discrimination is found. The focus, as in most damage measures, is to try to put the plaintiffs in the position they would have held but for the discrimination. Specific remedies include: Back pay—to the date discrimination began, either the entire pay that would have been earned or the difference between pay received and what should have been received. Generally, employees must mitigate their damages by seeking other work. Failing to do so can reduce back pay or other damage awards. Front pay—if an employee was unlawfully fired, he may be ordered reinstated or the plaintiff may be ordered to be hired if she was improperly not hired. But often this is not realistic, so the plaintiff is given a sum, front pay, to compensate for longer-term damage to a career for not having gained the experience or seniority of the position. Compensatory damages—for emotional distress, medical expenses, job-hunting costs, and loss of reputation. This is not available in ADEA cases. Punitive damages—may be granted to punish the employer for wrongdoing because the employer acted with malice or in reckless disregard for protected rights. This is not available in ADEA cases. These damages are capped by federal law to between $ to $, depending on the size of the employers. Attorney’s fees—may be recovered, as well as costs such as filing fees, expert witness fees, and transcripts. Title VII plaintiffs who win usually get this; defendants who win rarely do. This does not apply in ADEA cases. Test Yourself
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