Studied by 2 people
Equal Employment Opportunity
Guarantees equal treatment for all parties involved in employment choices, such as hiring, promotion, and salary.
Alternative Dispute Resolution
Official regulations guiding how reports of discrimination will be managed internally. The methods of resolving conflicts outside of the courts to facilitate agreement and prevent litigation.
Grievance System
RESOLVING THE COMPLAINT INTERNALLY
Workers file complaints with an internal committee, which makes decisions based on the allegations. Employees can then file complaints with the EEOC if they are unhappy with the decision.
Mediation
RESOLVING THE COMPLAINT INTERNALLY
Employees and the company meet with a neutral individual (expert) who makes an effort to assist the parties in coming to a mutually agreeable resolution. If they are unable to agree, the complaint can be taken to the EEOC.
Arbitration
RESOLVING THE COMPLAINT INTERNALLY
The two sides (employee and organization) explain their points in front of a neutral expert who then determines which side is correct.
Binding Arbitration
RESOLVING THE COMPLAINT INTERNALLY
A neutral expert is asked to choose which side is correct. However, once the decision is made, neither side can appeal the decision.
Nonbinding Arbitration
RESOLVING THE COMPLAINT INTERNALLY
A neutral expert is asked to choose which side is right but this time, both sides can either accept the decision or request for a trial.
180, 300
An EEOC (federal agency) complaint must be filed within _____ days of the discriminatory act, but within _____ days if the complainant has already filed a complaint with a state or local agency.
Charge does not have merit
OUTCOMES OF AN EEOC INVESTIGATION
If the complainant accepts the decision, the process ends
If the complainant does not accept the decision, a “right to sue” letter will be issued that entitles them to hire a private attorney and file the case themself
Charge has merit
OUTCOMES OF AN EEOC INVESTIGATION
The EEOC will try to work out an agreement between the complainant (employee) and employer without involving the court
If an agreement is not reached, the case goes to the lower court (trial court in the Philippines), with the EEOC representing the complainant. When the court makes a decision, that decision becomes a case law
If one side does not like the decision made in a lower court, it may take the case to the Circuit Court of Appeal
If either side does not agree with the appeals court decision, it may take the case to the Supreme Court
Case law
A court's interpretation of a law. It is significant because it sets the standard for future cases.
Protected class
Any group of people for which protective legislation has been passed.
Civil Rights Acts of 1866, 1964, and 1991
It is illegal to discriminate against a person based on race.
Equal protection clauses of the Fifth and Fourteenth Amendments
No federal or state agency may deny a person equal protection under the law and a government should not intentionally discriminate or allow intentional discrimination to take place.
Civil Rights Acts of 1964
Neglect to recruit, refuse to hire, or treat someone unfairly in any other way regarding their pay, benefits, or other terms and conditions benefits of employment due to a person's ethnicity, color, religion, sex, or country of origin.
Civil Rights Acts of 1964
Limit, separate, or categorize their workers in any way that would prevent or likely prevent anybody from being offered job opportunities or negatively impact their status as an employee due to that person's race, national origin, gender, color, or religion.
Republic Act No. 10911
A law forbidding age-based discrimination against any individual in employment.
Vocational Rehabilitation Act of 1973
Makes sure that people with disabilities are not treated unfairly by the federal government or by companies that have contracts with the government.
Pregnancy Discrimination Act
States that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefit programs, as other persons not so affected but similar in their ability or inability to work.”
Adverse Impact
A particular employment decision results in negative consequences more often for members of one race, sex, or national origin than for members of another race, sex, or national origin.
Disparate Impact
Acknowledges that discrimination (in the workplace or elsewhere) can occur unintentionally. It seeks to address instances where seemingly neutral actions have unfair negative consequences for certain groups and individuals.
Bona Fide Seniority System
Designed to reward long-term service and ensure fairness in employment practices.
National Security
Demonstrate that the practices in question are essential for protecting _________________ and that there are no less discriminatory alternatives available.
Veteran’s Preference Rights
Give eligible veterans priority in hiring and promotions for federal and some state and local government jobs.
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. Includes pattern of behavior, sex-based harassment, and negativity to the reasonable person.
12 weeks
Employees have a minimum of __________ of unpaid leave each year to deal with the following family matters:
Births, adoptions, or placement for foster care
To care for a child, parent, or spouse with a serious health condition
For employee’s own
Affirmative action
The process of ensuring proportional representation of employees based on variables such as race and gender.
Preferential hiring
Favoring an identified group of people for employment.
Legality of Preferential Hiring
A legal way to monitor employment statistics, actively recruit minorities, and remove barriers discouraging women and minorities from being hired or staying with an organization.
History of the organization
Beneficiaries of the plan
Population to be considered
Impact on the nonminority group
End point of the plan
CRITERIA TO ASSESS AN AFFIRMATIVE ACTION PLAN (5)
Beneficiaries of the plan
The extent to which the plan benefits people who were not actual victims of discrimination.
Population used to set goals
Concerns of two types of population were used to statistically determine discrimination and to set affirmative action goals in each position in the organization.
Reverse discrimination
Discrimination against a member of a dominant or majority group, or in favor of members of a minority or historically disadvantaged group.
End point of the plan
An affirmative action plan cannot continue indefinitely; it must end when certain goals have been obtained.
Republic Act No. 9165, Article III, Section 36
Comprehensive Dangerous Drugs Act of 2002, Article III: Dangerous Drug Test and Record Requirements, Section 36. Authorized Drug Testing
1987 Philippine Constitution, Article III, Section 2 - Bill of Rights
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Republic Act No. 10173
It is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring the free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
Republic Act No. 10029
*Seeks to regulate the practice of psychology and psychometrics in the Philippines to protect the public from inexperienced or untrained individuals offering psychological services, and to nurture competent, upright and assiduous psychologists whose standards of practice are excellent and globally competitive.
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