-Proactive efforts to eliminate discrimination and its past effects for members of protected classes
Disparate Treatment:
A type of discrimination
- intentional and in your face "I wont hire you because you are black, old, female, etc."
- Discriminatory actions or policies
- unequal treatment based on a protected characteristic
-Different standards for people from different protected groups
Adverse (or disparate) impact
- occurs as a result of a policy or employment practice that appears neutral
- Unequal employment-related consequences for people with a protected characteristic
-unintentional discrimination
- same standards for everyone resulting in different consequences for members of at least one protected group.
- ex. Duke power company only allowing African Americans to be laborers, but requiring a high school diploma with a passing score in an aptitude test for promotion beyond laborer. Requirement disproportionately discriminated against blacks.
Perception of personal loss
A belief that one might lose out on future employment opportunities if more diverse employees are hired.
A company's competitive advantage
diversity and inclusion
The goal of risk management
to identify, assess, and resolve risks before they become serious threats to the organization.
________ occurs when employment-related decisions and actions are not job-related, objective, or merit-based.
Unfair Discrimination
________ is when only objective, merit-based, and job-related characteristics are used to determine employment-related decisions.
Fair discrimination
_________ are those that violate a federal, state, or local employment law, for example by unfairly discriminating against people with legally protected characteristics including pregnancy, religion, or age.
Unlawful employment practices
ex. For example, if a manager’s favorite sports team loses, and he goes to work the next day and fires anyone wearing the opposing team’s colors, the manager has not broken any laws (as long as he has not disproportionately fired employees in any protected group), although this is obviously unfair and not strategic.
True or false
An employment decision can be unfair without being unlawful.
True
________ means that employment practices must be designed and used in a manner that treats employees and applicants consistently regardless of their protected characteristics.
Equal Employment Opportunity
Discriminating against people with legally protected characteristics including pregnancy, religion, or age is considered a(n) ________ practice.
unlawful employment
________ means that everyone feels respected and listened to, and everyone contributes to their fullest potential.
Inclusion
______is the body of case-by-case court decisions that determines what is legal and what remedies are appropriate. Individual states develop their own common law in response to federal and state legislation and the specific cases brought before state courts.
common law
_______ a civil wrong in which an employer violates a duty owed to its customers or employees, is handled at the state level. An example of a tort is when an employee agrees to let a company use her photo in an employee newsletter, but the employer later uses it in a public advertisement without her permission.
workplace tort
Employers with group health plans and 20 or more employees in the prior year must offer continued health and dental insurance coverage to terminated employees for limited periods of time.
Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986
Employers with at least four employees must verify the employment eligibility of everyone hired; only U.S. citizens, nationals of the United States, and aliens authorized to work in the United States are eligible for employment.
Immigration Reform and Control Act of 1986
Ensures that members of the uniformed services are entitled to return to their civilian employment after their service.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
Prohibits employment discrimination based on race, color, religion, sex, or national origin.
Title VII of the Civil Rights Act of 1964
Establishes both a national minimum wage and overtime rules.
Fair Labor Standards Act (FLSA) of 1938
Prohibits retaliation against employees seeking to unionize.
National Labor Relations Act of 1935
Which act gives workers and their families who lose their health benefits the right to choose to continue group health plan benefits?
COBRA
Under FMLA, a qualified employee is entitled to _____ in order to care for a military member with a serious injury or illness who is the spouse, child, or parent of the employee
26 work weeks
A group underrepresented in employment is referred to as a(n) _____class
protected
The goal of affirmative action is to provide employment opportunities to________.
protected classes
Employment preference give to a member of a protected group is called _______.
Preferential treatment
When made a term or condition of employment or as a basis for employment and/or advancement decisions, the EEOC recognizes_________
quid pro quo harrassment
When the harassment creates a hostile, intimidating, or otherwise offensive working environment, the victim can make a claim for _________.
Hostile environment harassment
__________-is intentional discrimination based on a protected characteristic. Disparate treatment occurs if an employment decision would change if the applicant’s race, religion, national origin, color, sex, disability, or age were different.
Disparate treatment
4 Human Biases that Create Obstacles to Equal Employment Opportunity
-Stereotype
-prejudice
-perception of possible personal loss
-ignorance
Believing that everyone in a particular group shares certain characteristics or abilities or will behave in the same way.
stereotype
Outright bigotry.
prejudice
Believing one will “lose out” on future employment opportunities by hiring more diverse people.
Perception of possible personal loss:
Perception of possible personal loss:
Ignorance
two classifications of sexual harassment
- Quid pro quo harassment: term or condition of employment