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Protects an employer against claims by workers that their legal rights as employees of the company have neen violated.
Employment Practices Liability Insurance (EPLI)
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Analysis in which organization considers internal and external availability in determing theoretical availability of minorities and women for established job groups.
Availability Analysis
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Practice in which employers identify conspicuous imbalances in their workforce and take positive steps to correct underrepresentation of protected classes.
Affirmative Action (AA)
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Representations of real situations; give organizations mthe opportunity to speculate as to what would happen if certain courses of action were pursued.
Simulations
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Use of alternative recruiting sources and workers who are not regular employees; also known as alternative staffing.
Flexible Staffing
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Physical or mental impairment that substantially limits one or more major life activities such as bathing, dressing, etc.
Disability
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Extent to which a selection device measures the theoretical construct or trait(e.g., intelligence or mechanical comprehension).
Construct Viability
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Court ruling that endorsed using gender as one fatcor in an employment decision if underreprentation is shown and if the affirmative action plan is not a quota system.
Johnson v. Santa Clara County Transportation Agency
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Refers to the link between a selection device and job performance.
Criterion-Related Validity
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Set of job competencies that together make up a profile for success for a particular job.
Competency Model
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Act that provides some relief to employers using third parties to conduct workplace investigations.
Fair and Accuarte Credit Transactions Act (FACT)
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Act that makes it unlawful for employers to use polygraphs in employment decisions except for a few narrowly defined exceptions for "security-sensetive" positions.
Employee Polygraph Protection Act
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Forecsting technique that proggressively collects information from a group without physically assembling the contributors.
Delphi Technique
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Type of criterion-related validity determined by relating the test scores of a group of test takers who take a test (Test A) to some other criterion measure (Test B) that is administered at the same time.
Concurrent Validity
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Court Ruling that is distinguished between supervisor harassment that results intangible employement action and supervisor harassment that does not.
Faragher v. City of Boca Raton
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Agreement between an employer and an employee that explains the employment relationship.
Employment Contract
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Latin term for "on first view" or "at first appearance."
Prima Facie
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Act that prohoibits descrimination against job applicants on the ba sis of national origi or citizenship; established penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.
Immigration Reform and Control Act (IRCA)
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1971 case that recognized adverse impacy discrimination.
Griggrs v. Duke Power
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Ca that established criteria for disparate treatment.
McDonnell Douglas Corp. v. Green
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Prt of affirmative action plan that lists all job titles that comprise each job group having similar content and repsonsabilities, wage rates, and opportunities for advancement.
Job Group Analysis
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When employers decide to discharge particular employees for cause (e.g., poor performance, violations of employer policy).
Involunary Termination
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Case in which Supreme Court held that university of Michigan's law school admission program was sufficiently "narrowly tailored" to consider race s a factor in admission decisions in order to achieve goal of a diverse student body.
Grutter v. Bollinger
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Court ruling that first held that a sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid pro quo or hostile environment harassmanet.
Meritor Savings Bank v. Vinson
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Spells out qualifications necessary for an incument to be able to perform a job.
Job Specification
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According to EEO regulations, anyone who expresses an interest in employment, regardless of whether that person meets the employer's minimum qualifications for the job.
Job Applicant
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Court ruling that established "reasonable person" standard in a sexual harassment case.
Harris v. Forklift Systems, Inc.
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Type of interview bias that involves rejecting a candidate on the basis of a small amount of negative information.
Negative Emphasis
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Case in which Supreme Court rules on the use of the affirmative defense in a constructive discharge claim to an employer whose supervisors are charged with harassment.
Pennsylvania State Police v. Suders
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Process of managing the way people leave an organization.
Organizational Exit
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Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disabiltu to be considered for the job and perform its essential functions.
Reasonable Accomodation
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Type of interview in which interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; also called a targeted interview.
Patterned Interview
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Type of question that typically begins with what, where, why, when, or how.
Open Question
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Document prepared by job applicant (or professional hired by candidate) to highlight candidate's strengths and experience.
Resume
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Act that prohibitys discrimination on the basis of pregnancy, childbirth or related conditions.
Pregnancy Discrimination Act
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Flexible staffing option in which an independent company with expertise in operating a specific function contracts with a company to assume full operational responsability for the function.
Outsourcing
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Court ruling that same-gender harassment is actionable under Titel VII.
Oncale v. Sundowner Offshore Service, Inc.
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type of sexual harassment that occurs whn an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay incfrease, a promotion, or continued employment.
Quid Pro Quo Harassment
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Test that measures respiration, blood pressue, and persperiation while person is asked a series of questoins; outcome is a diagnostic opinion about honesty.
Polygraph Test
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Result of an employer punishing an employee for engaging ina ctivities protected by the law (e.g., filing a discrimination charge, opposing unlawful employer practices).
Retalitory Discharge
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term traditionally used to describe employees who are citizens of countries other than the organization's headquarters or the ones in which they work.
Third-Country Nationals (TCNs)
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Type of interviewer bias that involves forming generalized opnions about people of a given gender, religion, or race appear, think, act, feel, or reposnd.
Stereotyping
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Computerized talent or skill inventories that can furnish a list of qualified people.
Skill Baanks
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Supreme Court ruling that persons with contagious diseases could be covered by the Rehabilitation Act of 1973.
School Board of Nassau v. Arline
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Use of statistics to determine whetyher relatoinships exist between two variables.
Trend and Ration Analyses
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type of interview in which interviewer asks every applicant the same questions; also called a repetitive interview.
Structured Interview
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Case in which Supreme Court held that Afe Discrimination in Employment Act authorizes recovery on a disparate impact theory but with narrower scope that that provided under Title VII.
Smith v. Jackson, Mississippi
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Process of hiring the most suitable candidate for a vacant position.
Selection
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Procedural document designed to assist employers in complying with federal regultions prohibiting discrimination.
Uniform Guidelines on Employee Selection Procedures
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Case in which Supreme Court ruled that a person may not have a disability if the individual's condition is controlled or corrected by mediction or mitigating measures.
Sutton v. United Airlines
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type of interview that focuses on how applicant previously handled real work situation.
Behavorial Interview
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Plans that focus on the hiring, training, promoting, and compensating of protected classes where there are defeciencies.
Affirmative Action Plans (AAP)
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Failure to recognize responses of a candidate that are socially acceptable rather than factual.
Cultural Noise
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Occurs when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate; also known as disarate impact.
Adverse Impact
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Degree to which an interview, test, or other selection device measures the knowledge, skills, abilities, or other qualifications that are part of the job.
Content Validity
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Method of evaluating candidates using conotent-valid work samples of a job; typicially for managerial positions.
Assessment Centers
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Type of interview bias in which interviewer allows one strong point in candidate's favor to overshadow all other information.
Halo Effect
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Systematic study of jobs to determine what activities and responsabilities they include, relative importance and relationship with other jobs, personal qualifications necessary for performance of jobs, and conditions under which work is performed.
Job Analysis
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Type of interview where multiple job candidates are interviewed by one or more interviewers at the same time or where multiple people in an organization interview a single job candidate.
Group Interview
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Act that requires that federal employee relations legislation enacted by Congress apply to employees of Congress.
Congressional Accountability Act
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type of interview bias in which interviewer makes snap judgements and lets first impression (either positive or negative) cloud the interview.
First-Impression Error
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Makes the hiring decision official; should immediately follow the final decision to hire a candidate;formally communicated through offer letter.
Employment Offer
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Evaluation that requires an organization to provide details on and documentation of its affirmative action plan.
Compliance Evaluation
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Act that protects privacy of background information and ensures that information supplied is accurate.
Fair Credit Reporting Act (FCRA)
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Process of positioning an organization as an "employer of choice" in the labor market.
Employment Branding
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Employees who are brought in to work in a headquarters country for a specified period of time.
Inpatriots (inpats)
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Part of an affirmative action plan that provides a graphical presnetation of te organizational units, including their interrelationships.
Organizational Display
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tests that assess skills the candidate has already learned.
Cognitive Ability Tests
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Interview conducted when an employee is terminating with a company in which employee is asked to share views on sleected issues.
Exit Interview
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Court ruling that distinguished between supervisor harassment that results intangible employment action and supervisor harassment that does not.
Ellerth v. Burlington Northern Industries
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Occurs when sexua or other discriminatory conduct is so severe and pervasive that it interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being.
Hostile Environment Harassment
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Caase in which Supreme Court held that University of ichigan's undergratuate admission program was not sufficiently "narrowly tailored" to conosider race as a factor in admission decisions in order to achieve goal of a diverse student body/
Gratz v. Bollinger
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Allow organizations to partner with communities and schools to help develop the skilled workforce they will need for the future.
School-to-Work Programs
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Case in which Supreme Court held that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.
Kolstad v. American Dental Association
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Summarizes the most important features of a job, including required tasks, knowledge, skills, abilities, responsabilities and reporting structure.
Job Description
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Systematic process by which a laid-off or terminated employee is counsled in the techniques of career self-appraisal and in securing a new job that is appropriate to his or her talents and needs.
Outplacement
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Document that formallly communicates the employment offer, making the hiring decision official.
Offer Letter
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Case in which Supreme Court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would have justified terminating the employee.
McKennon v. Nashville Banner Publishing Co.
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Internal recruiting method that allows curent employees the chance to respond to announcement of positions.
Job Posting
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type of interview in which structured questions are spresad across a group; individual who is most competent in the relevant area usually asks the question.
Panel Interview
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Employees who report to work only when needed.
On-Call Workers
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Statistical method that can be used to project future demand; several variables are utilized.
Multiple Linear Regression
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Amendment to Vietnam Era Veterans Readjustment Assistance Act; deals with discrimination against certain veterans by the U.S. government and federal contractors.
Jobs for Veterans Act (JVA)
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When a company needing help identifies specific people and refers them to a staffing firm, which employs them and assigns them to work at the copany.
Payrolling
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Type of criterion-related validity; degree to which predictions made by test are confirmed by the later behavior of test takers.
Predictive Validity
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Type of interview in which interviewer asks hypothetical questions designed to elicit stories and examples that demonstrate the applicant's skills and qualifications.
Situational Interview
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Ability to keep talented employees in an organization.
Retention
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Part of the selection process that provides an applicant with honest and complete information about a job and the work environment.
Realistic Job Preview (RJP)
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type of intervie that is useful when an organization has a high volume of applicants for a job and face-to-face interviews are needed to judge prequalification factors.
Prescreening Interview
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Computerized talent or skill inventories that can furnish a list of qualified people.
Skill tracking Systems
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Fixed hiring and promotion rates based on race, gender, or other protected-class stadards that must be met.
Quota
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1975 court ruling that items used to validate employment requirements must be job-related.
Albermarle Paper v. Moody
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1989 Court ruling that numerical quota system of Richmond, Virginia, was unconstitutional because the city had not laid the proper groundwrok and had not adequately identified or documented discrimination.
City of Richmond v. J.A. Croson Company
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Use of alternative recruiting sources and workers who are not regular employees; also kown and flexible staffing.
Alternative Staffing
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Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged intentional discrimination the right to a jury trial.
Civil Rights Act of 1991
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Act that prohibits discrimination in employment for persons age 40 and over except where age is a bona fide occupatoinal qualification.
Age Discrimination in Employment Act (ADEA)
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Situation in which gender, religion, or national origin is reasoably necessary to carrying out a particular job function in the normal operations of a business or enterprise.
Bona Fide Occupational Qualification (BFOQ)
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Type of interview in which interviewer poses specific questions to a candidate and keeps control.
Directive Interview
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Type of interview in which interviewer asks every applicant the same questions; also called a structured interview.
Repetitive Interview
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Projection of future based on a past relationship; involves a single variable.
Simple Linear Regression
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Objectives or targets in an affirmtive action plan that are set when the percentage of minorities or woman in a job group are less than resonably expected given their availability.
Placement Goals
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Tests that require a candidate to demonstrate a minimum degree of strength, physical dexterity, and coordination in a specialized skill area.
Psychomotor Tests
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Measures inteneded to ensure a drug-free workplace.
Substance Abuse Tests
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Annualized formula that tracks number of seperations and total nmber of workforce employees for each month.
Turnover
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type of interview in which interviewer assumes an aggressive posture to see how a candidate responds to stressful situations.
Stress Interview
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Act that prohibits discrimination or segregation based on race, color, national origin, religion, and gender in all terms and conditions of employment.
Title VII of the Civil Rights Act of 1964.
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Agencies that provide employee screening, testing and referral at no cost to the employer/
State (public) Employment Agencies
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type of interview used in situations where the psition relies heavily on team cooporation; supervisors, subordinates, and peers are usually part of the process.
Team Interview
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List of job titles ranked from owest- to highest- paid within an organizational unit.
Workforce Analysis
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Court ruling that dealt with job testing and discrimination.
Washington v. Davis
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Act that prohobits discrimination against certain veterans by the U.S. government and federal Contractors.
Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)
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Act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur.
Worker Adjustment and Retraining Notification Act (WARN)
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