MGT 4610-Chapter 3-EEOC

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Diversity: Any perceived difference among people
Diversity management: Ensuring that factors are in place to provide for and encourage the continued development of a diverse workforce by melding these actual and perceived differences among workers to achieve maximum productivity
Dual-career family: A situation in which both husband and wife have jobs and family responsibilities
Civil Rights Act of 1964: The concept of equal employment opportunity has undergone much modification and fine-tuning since the passage of what law?
Civil Rights Act of 1866: This act is often used today in race discrimination in housing cases
13th Amendment to the U.S. Constitution: The Civil Rights Act of 1866 is based on what amendment to the U.S. Constitution?
Title VII of the Civil Rights Act of 1964 Amended 1972: Under this law it is illegal for an employer to discriminate in hiring, firing, promoting, compensating, or in terms, conditions, or privileges of employment on the basis of race, color, sex, religion, or national origin
15: Title VII covers employers engaged in or affecting interstate commerce who have a minimum of how many employees?
Local government, schools, colleges, unions private employment agencies that procure employees for an employer with 15 or more employees.: Under title VII, name two entities that are included in the definition of an â€˜employerâ€™
Bona Fide Occupational Qualification: According to this defense, an employer claims that only one group is capable of performing the job successfully
BFOQs, seniority and merit systems, and testing and educational requirements: What are the three categories of exceptions to discrimination as covered by Title VII.
Employer: Who has the burden of proof for justifying a BFOQ claim?
Title VII: What act allows a church or synagogue to legally refuse to hire professors whose religious persuasion is different from that of the hiring institution?
Aliens not authorized to work in the U.S., homosexuals: Name a category of persons not covered by Title VII
Equal Employment Opportunity Commission: The civil rights act of 1964 created what entity to enforce the act?
1964: What years was the EEOC created?
5: The EEOC is made up of how many members?
President of the United States: Who appoints members to the EEOC?
EEOC: ADEA enforcement procedures begin when a charge is filed, but what entity can review compliance even if no charge is filed?
Uniform Guidelines on Employee Selection Procedures: These guidelines provide a framework for making legal employment decisions about hiring, promotion, demotion, referral, retention and other selection procedures.
Age discrimination in employment act of 1967: What year was ADEA originally passed?
Age discrimination: What is the fastest-growing category of discrimination complaints filed with the U.S. Equal Employment Opportunity Commission?
65: The original ADEA prohibited employers from discriminating against individuals who were up to what age?
Anyone over 40: The 1986 amendment to the ADEA made employer discrimination against anyone over what age illegal?
There is no maximum age: What is the maximum age currently covered by the ADEA?
20: To qualify for punitive damages under the Civil Rights Act of 1991 an aggrieved employee must be with the firm for __ or more calendar weeks in the current or preceding calendar year.
25: The ADEA applies to unions with ___ or more members
Trial by jury and possible criminal penalties: What are two ways the ADEA differs from the Title VII
Older Workers Benefit Protection Act: This act establishes wrongful termination waiver requirements as a means of protecting older employees by ensuring that fully informed and willful personnel make that waiver acceptance
Rehabilitation Act of 1973: This act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $2500.
$2500: According to the Rehabilitation Act all federal contractors or subcontractors exceeding what dollar amount base are required to post notices that they agree to take affirmative action step.
Epilepsy, cancer, cardiovascular disorders, AIDS, blindness, deafness, mental retardation, emotional disorders, and dyslexia.: Name 3 diseases or conditions covered by the Rehabilitation Act of 1973
1973: What year was the Rehabilitation Act passed?
Written affirmative Action Plan: According to the Rehabilitation Act of 1973, if the contract or subcontract exceeds $50,000, or if the contractor has 50 or more employees, the employer must prepare a what for review by the OFCCP.
50: According to the Rehabilitation Act of 1973, if the contractor has __ or more employees, the employer must prepare a written affirmative action plan for review by the OFCCP.
$50,000: Government contractors having 50 or more employees and what dollar amount in contracts are required to develop a written affirmative action program.
OFCCP: What entity of the Department of Labor enforces executive orders?
Office of Federal Contract Compliance Programs: OFCCP
Pregnancy Discrimination Act of 1978: Passing over a person for promotion while she is pregnant may be a violation of what act?
AT&T: The largest cash recovery in the EEOCâ€™s history involved pregnancy discrimination involving what company?
Immigration Reform and Control Act (1986): This act makes unlawful the hiring of anyone unless the personâ€™s employment authorization and identity are verified.
4: IRCA applies to employers with __ or more employees?
Illegal Immigration Reform and Immigrant Responsibility Act (1996): According to this law anyone unlawfully present in the United States for one year or more is subject to a ten-year ban from admission to the U.S.
10 year: According to the Illegal Immigration Reform and Immigrant Responsibility Act (1996)anyone unlawfully present in the United States for one year or more is subject to a how-many-year ban from admission to the U.S.
3 year: According to the Illegal Immigration Reform and Immigrant Responsibility Act (1996)anyone unlawfully present in the United States for more than 180 days, but less than one year, is subject to a how-many-year ban from admission to the U.S.
Americanâ€™s with Disabilities Act (1990): This act prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training and other terms, conditions and privileges of employment with re to a personâ€™s disabilities
Private employers, state and local governments, employment agencies and labor unions, and persons discriminated against because they have a known association or relationship with a disabled individual.: Name 3 entities covered by the provisions of the Americanâ€™s with Disabilities Act (1990)
1990: What year was the Americanâ€™s with Disabilities Act passed?
Individual with a disability: A person who has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and has a record of such an impairment, or is regarded as having such an impairment.
Toyota Motor Manufacturing vs. Williams (Toyota vs. Williams): In this case the Supreme Court held that for an employeeâ€™s inability to perform certain aspects of her job to constitute a substantial impairment of the major life activity of performing manual tasks, the employee must show that the impairments prevented or restricted her from performing tasks that are of central importance to most peopleâ€™s daily lives
Civil Rights Act of 1991: This act extends the coverage of the Civil Rights Act of 1964 to extraterritorial employment.
Qualified Individual with a Disability: An individual with a disability who with or without reasonable accommodation can perform the essential functions of a job.
1991: What year was the Glass Ceiling Act created?
Civil Rights Act of 1866, Title VII, ADEA, Rehab Act and ADA: Name 3 acts amended by the Civil Rights Act of 1991
Disparate impact: According to the Civil Rights Act of 1991 a complaining party must show that a particular employment practice causes a ___ on the basis of race, color, religion, sex, or national origin.
$100,000: According to the Civil Rights Act of 1991, a company with 200 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$200,000: According to the Civil Rights Act of 1991, a company with 500 employees may receive a maximum penalty of what dollar amount for employment discrimination.
$300,000: According to the Civil Rights Act of 1991, a company with 501 employees may receive a maximum penalty of what dollar amount for employment discrimination.
Glass Ceiling Act 1991: This act established an annual award for excellence in promoting a more diverse skilled workforce at the management and decision-making levels in business.
Class Ceiling Commission: The Glass Ceiling Act established what entity to study the manner in which businesses fill management and decision-making positions.
Glass Ceiling: The invisible barrier in organizations that impedes women and minorities from career advancement.
Legislation more favorable to women and minorities apply: When EEOC regulations conflict with state or local civil rights regulations what regulations apply?
Executive Order: Directive issued by the president that has the force and effect of law enacted by the Congress
Affirmative action: Positive steps ensuring employment of applicants and treatment of employees during employment without regard to race, creed, color or national origin
EO 11246: A major provision of this executive order requires adherence to a policy of nondiscrimination in employment as a condition for the approval of a grant, contract, loan, insurance, or guarantee from the fed govt.
EO 11375: This executive order amended EO 11246 and changed the word creed to religion and added sex discrimination to the other prohibited items
GRIGGS v DUKE POWER COMPANY: A major implication of this supreme court case is that when human resource management practices eliminate a higher percentage of minority or women applicants, the burden of proof is on the employer to show that the practice is job related
ALBERMARLE PAPER COMPANY v MOODY: In this case the Supreme Court reaffirmed the idea that any test used in the selection process or in promotion decisions must be validated if it is found that its use has had an adverse impact on women and minorities.
PHILLIPS v MARTIN MARIETTA CORPORATION: In this case the Supreme Court ruled that the company had discriminated against a woman because she had young children. A major implication of this decision is that a firm cannot impose standards for employment only on women.
ESPINOZA v FARAH MANUFACTURING COMPANY: In this case the Supreme Court ruled that the company had not discriminated on the basis of national origin when it refused to hire a Hispanic who was not a U.S. citizen.
WEBER v KAISER ALUMINUM AND CHEMICAL CORPORATION: In this case the Supreme Court ruled that because the company and the union voluntarily agreed to an affirmative action plan, it did not violate Title VII.
DOTHARD v RAWLINGSON: In this case the Supreme Court upheld the U.S. District Courtâ€™s decision that Alabamaâ€™s statutory minimum height requirement of five feet two inches and minimum weight requirement of 120 pounds for the position of correctional counselor had a discriminatory impact on women applicants.
UNIVERSITY OF CALIFORNIA REGENTS v BAKKE: In this case the Supreme Court reaffirmed that race may be taken into account in admission decisions.
AMERICAN TOBACCO COMPANY v PATTERSON: In this case the Supreme Court ruled that a seniority system that unintentionally discriminates against a particular group did not violate title VII because it was a bonafide seniority system.
MERITOR SAVINGS BANK v VINSON: This was the first sexual harassment case to reach the U.S. Supreme Court
CITY OF RICHMOND v J.A. CROSON CO.: In this case the Supreme Court affirmed a Court of Appeals ruling that the cityâ€™s plan was not justified by a compelling governmental interest because the record revealed no prior discrimination by the city itself in awarding contracts, and the 30 percent set-aside was not narrowly tailored to accomplish a remedial purpose.
ADARAND CONSTRUCTORS v PENA: In this case the Supreme Court criticized the moral justification for affirmative action, saying that race-conscious programs can amount to unconstitutional reverse discrimination and even harm those they seek to advance.
Grutter v Bollinger: In this case the Supreme Court ruled in a 5-4 decision that colleges and universities have a â€œcompelling interestâ€ in achieving diverse campuses.
Gratz v Bollinger: In this case the Supreme Court said that in trying to achieve diversity, colleges and universities cannot use point systems that blindly give extra credit to minority applicants.
Oâ€™CONNOR v CONSOLIDATED COIN CATERERS CORPORATION: In this case the Supreme Court ruled that an employee does not have to show that he or she was replaced by someone younger than 40 to bring suit under the ADEA.
Griggs vs. Duke Power Company: In what case did the supreme court say the following: â€œif an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibitedâ€
Equal Employment Opportunity Commission.: Title VII of the Civil Rights Act, as amended, created what entity to enforce the act?
Probable Cause or No Probable Cause statement: After an EEOC investigation has been completed, the district director of the EEOC will issue what statement?
Conciliation: In the event the EEOC issues a probable cause statement what is the first process they will attempt?
Right to sue notice: If an EEOC district director recommends against litigation, what notice will be issued to the charging party?
1 percent: The EEOC files suit in only about what percent of all charges.
Employment test: Any instrument or procedure used in the selection decision
Adverse impact: A concept established by the Uniform Guidelines that occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.
Where the test or other selection device produces an adverse impact on a minority group: When does the Uniform Guidelines require validation of a selection test?
Four-fifth rule: According to this rule adverse impact exists if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group
Validate the test to prove it predicts success & the BFOQ defense: What are the two avenues available to employers if adverse impact is shown from the use of a selection test?
BFOQ: If a theater company claims that only a male actor can play the role of Macbeth they are claiming that gender is a what?
Bottom line approach: This concept refers to the concern of the EEOC with the end result of selection procedures, not how the selection procedure occurs.
Two: According to your text, there are how many types of sexual harassment?
Hostile Work environment and Quid Pro Quo: According to your text what are the two types of sexual harassment?
Miller vs. Bank of America: In this case the court held an employer liable for the sexually harassing acts of its supervisors, even though the company had a policy prohibiting such conduct, and even though the victim did not formally notify the employer of the problem.
Harris vs. Forklift Systems: In this case the Supreme Court ruled that a severe psychological injury doesnâ€™t have to be proved, all that is needed to be shown is that the employer allowed a hostile to abusive work environment to exist.
Oncale vs. Sundowner Offshore Services: In this case the Supreme Court held that same-sex sexual harassment may be unlawful under title VII.
Garcia vs. Spun Steak: In this case the court ruled that an English-only rule that is job related did not necessarily violate Title VII.
Affirmative Action Program: Government contractors having 50 or more employees and $50,000 in contracts are required to develop what type of program?
50 employees: Government contractors having $50,000 in contracts and ___ or more employees are required to develop a written affirmative action program.
EEO-1 Report: The EEOCâ€™s Employer Information Report Standard Form 100 is often referred to by what other name?
Standard Form 100: The EEO-1 report is often called by what other name?
$1,000,000: If a contractor has business exceeding what dollar amount, the OFCCP is authorized to conduct pre-award compliance reviews.
Federal Register: The procedures for developing affirmative action programs were first published in what document?
Revised Order no. 4: The procedures for developing affirmative action plans are officially referred to as what?
Utilization Analysis: A comparison of the incumbent workforce with available qualified individuals in the reasonable recruitment area
Goals and Timetables: The primary focus of any affirmative action program is on what?
Annual and Ultimate: What are the two types of goals that must be established regarding underutilization
Applicant: A person who submits a complete application for a vacant position or an authorized vacancy pool
Major Life Activity: Essential & meaningful component of a person's life including caring for oneself, performing manual tasks, breathing, walking, learning, seeing, working, hearing
Marginal Function: Secondary job duty, task or responsibility which, if eliminated, would not significantly alter the nature of the job
Qualified Person with a Disability: An individual with a known mental or physical disability who, with or without reasonable accommodation, meets the eligibility requirements/ required qualifications for a job
Reasonable Accommodation: A modification in the work or academic environment that enables a qualified person with a disability to apply for a job, perform the essential functions of a job or meet the technical standards of an educational program
Undue Hardship: An accommodation that is unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the organization/program
Vietnam-Era Veteran: A person who served on active duty for more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released with other than a dishonorable discharge

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