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Equal Employment Opportunity Commission (EEOC)
A branch of the Department of Labor Charged with investigating and prosecuting complaints of employment discrimination
Grievance system
A process in which an employee files a complaint with the organization and a person or committee within the organization makes a decision regarding the complaint
Mediation
A method of resolving conflict in which a neutral third party is asked to help the two parties reach an agreement
Arbitration
A method of resolving conflicts in which a neutral third part his asked to choose which side is correct
Binding arbitration
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct and in which neither party is allowed to appeal the decision
Nonbinding arbitration
A method of resolving conflicts in which a neutral third party is asked to choose which side is correct but in which either party may appeal the decision
Protected class
Any group of people for whom protective legislation has been passed
Federally protected class
Any group of individuals specifically protected by federal law
Fifth amendment
The amendment of the U.S. Constitution that mandates that the federal government may not deny a person equal protection under the law
Race
According to Congress, the four races are African American, European American, Asian American, and Native American Indian
Fourteenth Amendment
The amendment to the U.S. Constitution that mandates that no state may deny a person equal protection under the law
Age Discrimination in Employment Act (ADEA)
A federal law that, with its amendments, forbids discrimination against an individual who is over the age of 40
Vocational Rehabilitation Act of 1973
Federal Act passed in 1973 that prohibits federal government contractors or subcontractors from discriminating against the physically or mentally handicapped
Americans with Disabilities Act (ADA)
A federal law, passed in 1990, that forbids discrimination agains the physically and mentally disabled
Pregnancy Discrimination Act
A 1978 federal law protecting the rights of pregnant women
Vietnam-Era Veterans Readjustment Assistance Act (VEVRAA)
A 1974 federal law that mandates that federal government contractors and subcontractors take affirmative action to employ and promote Vietnam-era veterans
Jobs for Veterans Act
A law passed in 2002 that increased the coverage of VEVRAA to include disabled veterans, veterans who have recently left the service, and veterans who participated in a U.S. military operation for which an Armed Forces Service Medal was awarded
Bona fide occupational qualification (BFOQ)
A selection requirement that is necessary for the performance of job-related duties and for which there is no substitute
Adverse impact
An employment practice that results in members of a protected class being negatively affected at a higher rate than members of the majority class. Adverse impact is usually determined by the four-fifths rule
Four-fifths rule
When the selection ratio for one group (e.g., females) is less than 80% (four-fifths) of the selection ratio for another group (e.g., males), adverse impact is said to exist
Job related
The extent to which a test or measure taps a knowledge, skill, ability, behavior, or other characteristic needed to successfully perform a job
Quid pro quo
A type of sexual harassment in which the granting of sexual favors is tied to an employment decision
Hostile environment
A type of harassment characterized by a pattern of unwanted conduct related to gender that interferes with an individual's work performance
5 criteria used to assess an affirmative action plan
1. History of the organization
2. Beneficiaries of the plan
3. Population to be considered
4. Impact on the nonminority group
5. End point of the plan
Qualified workforce
The percentage of people in a given geographic area who have the qualifications (skills, education, etc.) to perform a certain job
Fourth Amendment
The amendment to the U.S. Constitution that protects against unreasonable search or seizure; the amendment has been ruled to cover such privacy issues as drug testing, lock and office searches, psychological testing, and electronic surveillance
Drug-Free Workplace Act
Requires federal contractors to maintain a drug-free workplace
How does Congress define disability?
1. A physical or mental impairment that substantially limits one or more of the major life activities of an individual
2. A record of such impairment
3. Being regarded as having such an impairment
Case law
The interpretation of a law by a court through a verdict in a trial, setting precedent for subsequent court decisions
Family Medical Leave Act (FMLA)
In 1993, Congress passed this which entitles eligible employees (both male and female) to a minimum of 12 weeks of unpaid leave each year to deal with births, adoptions, or placement for foster care; to care for a family member; for their own serious health condition
National Defense Authorization Act
26 weeks of unpaid leave for a spouse, son, daughter, parent, or next of kin to care for a member of the military
What are the 4 reasons for affirmative action plans?
Involuntary: government regulation, involuntary: court order, voluntary: consent decree, voluntary: desire to be a good citizen