Human Resource Management
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| Equal Employment Opportunity | show 🗑
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| show | -Fairness issues
-Economic disparity
-Changing material values
-Interest group agendas
-Political party mandates
-Loop-holes in current legislation
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| show | -Passed by congress
-Passed by state legislature
-Presidential executive orders
*changes go through state court system or federal court system
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| Legal Environment- Agencies | show 🗑
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| Legal Environment- Regulatory Action | show 🗑
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| Legal Environment- Management Responses | show 🗑
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| show | -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
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| Equal Pay Act of 1963 | show 🗑
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| Civil Rights Act (Title VII) 1964 | show 🗑
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| Bona Fide Occupational Qualification (BFOQ) | show 🗑
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| Business Necessity | show 🗑
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| Sexual Orientation | show 🗑
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| show | 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
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| Executive Order 11246 | show 🗑
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| Pregnancy Discrimination Act (Amendment to CRA 1964) | show 🗑
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| Americans with Disabilities Act | show 🗑
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| show | 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
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| NOT a Disability | show 🗑
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| show | Burden of proof (that discrimination did not occur) returned to employer. Punitive damages allowed for intentional discrimination.
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| Uniformed Services Employment and Reemployment Rights Act | show 🗑
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| State of North Carolina | show 🗑
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| Uniform Guidelines on Employee Selection Procedures | show 🗑
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| show | Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study.
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| show | Denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact
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| show | Employer treats an applicant/employee differently because of his/her protected class status (i.e., different standards for different people)
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| show | Employer applies the same standard to all applicants/employees, but the standard affects one group more negatively
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| show | Hiring rate of protected class is less than 4/5 of the hiring rate of the majority group
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| show | -job relatedness
-BFOQ
-Seniority system
-business necessity
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| show | Company must show that its procedures are related to employee performance.
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| Bona Fide Occupational Qualification (BFOQ) | show 🗑
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| show | 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.
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| show | Employment practices resulting in unfair discrimination are permitted if the actions are essential to efficient and safe operation of the company
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| Sexual Harassment (under Title VII) | show 🗑
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| Quid Pro Quo Harassment | show 🗑
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| show | 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.”
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| Oncale v Sundowner Offshore Services (1998) | show 🗑
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| health benefits to same-sex couples | show 🗑
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| show | School could not set aside seats for minorities; consideration of race in admissions must be narrowly tailored to achieve a compelling interest in diversity
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| Grutter v. Bollinger (2003) | show 🗑
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| show | Diversity of student body is a compelling interest, but the University of Michigan undergraduate admissions policy was not narrowly tailored to meet that interest
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| show | Court supported company’s voluntary affirmative action training program for minorities.
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| Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986): | show 🗑
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| show | Preferential treatment based on AA goals permitted if non-minorities protected.
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