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44 Cards in this Set
- Front
- Back
5 classes of Title VII
Civil Rights Act (1964) = no discrimination |
Race
Color Nat'l Origin Religion Gender 5 for Title 7 - R C NO R G |
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ADEA
Age Discrimination in Employment Act 1967 |
Prohibits discrimination against persons age 40 and over
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Exceptions to ADEA
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ER is adhering to genuine seniority or benefit plan
ER disciplining or firing for good cause EE is top exec |
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Pregnancy Discrimination Act
1978 |
Prohibit discrimination on the basis of pregnancy, childbirth, or related conditions
Pregnancy same as any other termporary disability |
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ADA
Americans with Disabilities Act 1990 |
created rights for individuals with disabilities
protects qualified individuals and prohibits discrimination for ER's w/ more than 15 EE's |
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Essential Function - per ADA
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primary job duties that qualified individual must be able to perform - w/ or w/out accomodation
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Reasonable Accomodation - per ADA
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modifying or adjusting a job process or environment under which job is usually performed to enable qual ind w/ disability to be considered for the job
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Uniform Guidelines on EE Selection Process
1978 |
Covers all aspects of selection process
Assist ER's in complying w/ fed'l regs |
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Adverse Impact - Uniform Guidelines %
80% rule or 4/5ths rule |
adverse impact occurs when selection rate for protected class is less than 80% = adverse impact occurs
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VEVRAA
Vietnam Era Veterans Readj Assistance Act 1974 |
applies to fedl contracts of $50k or more and 50 or more EE's < 12/1/03 - develop AAP for veterans - +Vietnam-era
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JVA
Jobs for Veterans 2007 |
applies to fedl contracts of $100k or more and 50 or more EE's > 12/1/03 - develop AAP for veterans - +service medal
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Rehabilitation Act
1973 |
prohibits discrimination based on physical or mental disabilities
section 501 = fedl gov't section 503 = fedl contracts >$100k w/ AA |
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I-9
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burden of verifying that a new EE is eligible to work in the US falls on the ER
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EB-1
1st Preference Priority Workers |
ER's don't need to test US labor mkt
extraordinary ability outstanding prof and researchers certain multi-nat'l mgrs and execs |
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EB-2
2nd preference |
ER's must tes US labor mkt
Foreign nat'ls must have job offer professionals w/ adv degrees aliens w/ exceptional ability |
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EB-3
3rd preference |
Do not have advanced degrees or qualify under EB1 or EB2
ER's must complete labor cert process professoinals skilled workers other workers |
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I-9 documents - List A
est both identity & emp authorization |
US Passport
Permanent Resident Card Foreign Passport w/ I-551 stamp |
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Non-Immigrant Visas
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B-1: Business Visitor
H-1B: Specialty Occupation Workers L-1: Intracompany Transferee F-1; Student |
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WARN
Worker Adj & Retraining Notification Act 1988 |
ER's w/ 100 or more FT
give minimum of 60 days notice if a plant is to close or if mass layoffs will occur |
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USERRA
Uniformed Svcs Emp & Re-emp Rights Act 1994 |
Enacted to protect emp rights of persons who voluntarily or involuntarily serve in uniformed services
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Civil Rights Act of 1991
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Expands possible damage awards to victims of intentional discrimation
right to jury trial |
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ADEA
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prohibits discrimination in emp for persons age 40 and over except where age is a BFOQ
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Anti-Discrimination Legislation
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Title VII 1964
Civil Rights Act of 1991 ADEA Pregnancy Discrimination Act ADA Uniform Guidelines on EE Selection Procedures |
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AA & Anti-Discrimination Legislation
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Exec Order 11246
VEVRAA JVA Rehab Act |
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Verifies right to work on I-9
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US Social Security card
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Privacy Act of 1974
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protects the emp records of fedl govt EE's from disclosure w/out prior auth
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EE Polygraph Protection Act
1988 |
unlawful for ER's to use tests in emp decisions except "security-sensitive" positions & during investigations; protect current and prospective EE's
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Consumer Credit Protection Act
1968 |
Limits the amount of wages that can be garnished
usually 25% of disposable pay can't term based on garnishment |
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FCRA
Fair Credit Reporting Act 1970 |
consumer rpt obtained for emp:
written notice and auth pre-adverse action - adverse action - give notice |
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FACT
Fair and Accurate Credit Transactions Act 2003 |
relief to ER's using 3rd parties to conduct workplace investigations
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EEO Protected Classes (8)
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Race
Gender Ethnicity Religion Age Color Military status Disability status |
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Disparate Treatment
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discrimination occurs when protected classes are intentionally treated differently from other EE's
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3 Types of Discrimination
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Disparate Treatment
Adverse or Disparate Impact Past Policy |
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Adverse or Disparate Impact
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Rules applied to all EE's have a different effect on a protected class than on the majority
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EEO-1 Categories
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Officials and Mgrs
Exec 1st/Mid Level Professionals Technicians Sales Workers Office & Clerical Craft Workers (skilled) Operatives (semiskilled) Laborers (unskilled) Service Workers |
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Considered Applicant - Internet
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ER taken steps to fill a particular job
app followed ER's standard app procedure app expressed interest in particular position |
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Organizational Profile
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depicts the staffing pattern of the facility
used to determine if barriers to EEO exist w/in any org units vertical slice of org |
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Organizational Display
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graphical presentation of org units
title, gender, race, ethnicity of supv F and M #'s Race #'s |
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Workforce Analysis
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list of job titles
ranked from lowest to highest paid w/in an org unit wage range F and M #'s Race #'s |
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Job Group Analysis
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list of all job titles that comprise each job group
% of minorities % of women in each job gp horizontal slice of org |
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EEO Annual Reporting
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ER's w/ 100 or more EE's
fedl contractors w/ 50 EE's and $50k contracts Due by Sept 30 of each yr breakdown of workforce by race ethnicity gender |
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Types of Audits/Reviews
OFCCP Office of Fed'l Contract Compliance Programs |
Compliance Review
desk audit Off-Site Review analysis of AAP Compliance Check review records Focused Review on-site review |
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Glass Ceiling Audits
Corporate Management Reviews |
conducted @ corp HQ
focus on decision making of CEO's and sr execs |
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BFOQ
Bona Fide Occupational Qualification |
if gender, religion or ethnicity in BFOQ reasonably necessary to the normal operations of the business - may be used in making emp decisions
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