| Question | Answer |
| Bona Fide Occupational Qualification (BFOQ) | Company admits illegal discrimination but maintains it was necessary to the operation of the business
**e.g. Hooters |
| Bona Fide Occupational Qualification (BFOQ) | Company admits illegal discrimination but maintains it was necessary to the operation of the business |
| Legal Environment- Agencies | -Federal agencies
-State agencies
-Independent commissions |
| Equal Pay Act of 1963 | -Equal pay for equal work standard
-established affirmative defenses
+merit
+seniority
+quantity/quality
+any factor other than sex |
| United Steelworkers of America v. Weber (1979): | Court supported company’s voluntary affirmative action training program for minorities. |
| health benefits to same-sex couples | Of the nation’s top 500 companies, 70 percent now offer health benefits to same-sex couples. |
| Business Necessity | Work-related practice that is necessary to the safe and efficient operation of an organization. |
| Oncale v Sundowner Offshore Services (1998) | Same-sex sexual harassment (male-to-male, female-to-female) is covered under Title VII. |
| Age Discrimination in Employment Act of 1967 | Prohibits discrimination with regard to increasing age, required benefit coverage for older workers, protects workers age 40-65.
**1978: raise mandatory retirement age to 70
***1986 no upper age limit |
| Executive Order 11246 | Prohibits discrimination by federal agencies and contractors on the basis of race, color, religion, national origin, (gender added later).
Affirmative action established for government contractors.
OFCCP created. |
| NOT a Disability | -adjustment disorders
-stress
-poor eyesight, high blood pressure (can be treated
- |
| Gratz v. Bollinger (2003) | Diversity of student body is a compelling interest, but the University of Michigan undergraduate admissions policy was not narrowly tailored to meet that interest |
| Civil Rights Act of 1991 | Burden of proof (that discrimination did not occur) returned to employer. Punitive damages allowed for intentional discrimination. |
| Legal Environment- Regulatory Action | -Rulings
-Written regulations
-Complaint investigations
-Technical assistance
-Lawsuits |
| Validity | Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study. |
| Americans with Disabilities Act | Prohibited discrimination against qualified individuals.
Required removal of physical barriers.. reasonable accommodation.
Excluded illegal drugs, |
| Civil Rights Act (Title VII) 1964 | Discrimination prohibited for 5 protected classes: race, color, religion, national origin, and sex
**not covered by Title VII: private clubs, religions organizations, places related to Indian reservations. |
| Sexual Orientation | No federal laws bar discrimination based on one's sexual orientation.
Court cases have consistently held that sexual orientation is not a valid defense against discrimination. |
| Legal Environment- Concerns | -Fairness issues
-Economic disparity
-Changing material values
-Interest group agendas
-Political party mandates
-Loop-holes in current legislation |
| Uniformed Services Employment and Reemployment Rights Act | Protects against discrimination on the basis of military obligation in hiring, job retention, and advancement. Also employers must make efforts to retrain as needed. |
| Legal Environment- Laws | -Passed by congress
-Passed by state legislature
-Presidential executive orders
*changes go through state court system or federal court system |
| Quid Pro Quo Harassment | Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions.”
Involves a tangible or economic consequence, such as a demotion or loss of pay. |
| Hostile Environment | Occurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.” |
| Disparate impact | Employer applies the same standard to all applicants/employees, but the standard affects one group more negatively |
| Sexual Harassment (under Title VII) | Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment |
| Prima facie case | Denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact |
| Equal Employment Opportunity | The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner |
| State of North Carolina | Private employers may not make employment decisions based on: Age, AIDS/HIV, any type of genetic testing or information,
Service in the U.S. military or NC National Guard, Lawful use of any product when not at work (e.g., alcohol, tobacco) |
| Disparate treatment | Employer treats an applicant/employee differently because of his/her protected class status (i.e., different standards for different people) |
| University of California at Davis Medical School v. Bakke (1978) | School could not set aside seats for minorities; consideration of race in admissions must be narrowly tailored to achieve a compelling interest in diversity |
| Four-fifths rule | Hiring rate of protected class is less than 4/5 of the hiring rate of the majority group |
| Rebuttal to Illegal Discrimination Case | -job relatedness
-BFOQ
-Seniority system
-business necessity |
| Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986): | Affirmative action may not take precedence over a seniority system |
| Disability | 1. a physical or mental impairment that substantially limits one or more of the major life activites.
2. a record of such impairment
3. being regarded as having such an impairment.
*personality disorders are covered
**kleptomania,pyromania,substance a |
| Uniform Guidelines on Employee Selection Procedures | A procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions. |
| Grutter v. Bollinger (2003) | Diversity of student body is compelling interest, and UMich Law School admissions policy is narrowly tailored to meet that interest |
| Bona fide seniority system | Employment practices that result in unfair discrimination are permitted if the actions are part of a bona fide seniority system
e.g last hired, first fired stands in court. |
| Job relatedness | Company must show that its procedures are related to employee performance. |
| Business necessity | Employment practices resulting in unfair discrimination are permitted if the actions are essential to efficient and safe operation of the company |
| Purpose of EEO | -aimed at solving critical national issues, such as employment inequalities
-constituents are not business organizations, but political and social groups wanting to redress past social inequalities |
| Johnson v. Santa Clara County Transportation (1987): | Preferential treatment based on AA goals permitted if non-minorities protected. |
| Pregnancy Discrimination Act (Amendment to CRA 1964) | Prohibits sex-plus discrimination, solidified the inclusion of "sex" in the protected classes of CRA Title VII.
Requires pregnancy to be treated like any other disability. |
| Legal Environment- Management Responses | -Planning compliance strategies
-Formulating appropriate HR policies
-Briefing and training employees and managers
-Defending lawsuits
-Working with government agencies lobbying for policy changes |
