hr 3

What is unlawful discrimination?

Employment decisions made based on protected characteristics.

Protected characteristics include?

Age, color, disability, genetic info, marital status (some states), military status, national origin, pregnancy

What is Equal Employment Opportunity (EEO)?

Employment not affected by illegal discrimination.

What does “blind to differences” mean?

Differences among people should be ignored; everyone is treated equally.

EEO enforcement bodies?

EEOC, DOL, OFCCP.

Goal of EEO enforcement bodies?

Prevent unlawful discrimination.

What is disparate treatment?

Group members are treated differently; it’s overt and intentional.

Examples of disparate treatment?

Different standards used for different people, or same standard not job-related.

What is disparate impact?

Protected group underrepresented due to employment practices, even if not intentional.

Key case for disparate impact?

Griggs v. Duke Power (1971) — lack of intent doesn’t make it legal.

What is retaliation in EEO

Employers punishing people for using their legal rights (NOT allowed).

What does Title VII of the Civil Rights Act prohibit?

Discrimination in employment based on race, color, religion, sex, or national origin.

Title VII applies to?

Employers with 15+ employees, public/private schools, governments, labor unions, employment agencies.

How to manage racial/ethnic discrimination?

Adopt anti-harassment policies. No slurs, jokes, epithets, or physical harassment.

What is pay equity?

Jobs requiring similar knowledge, skill, and ability should receive similar pay.

How to reduce pay inequities?

• Include benefits in compensation

• Explain pay practices

• Pay based on job value

• Benchmark with market

• Audit regularly

What is the glass ceiling?

Invisible barrier keeping women and minorities from executive jobs.

How do you break the glass ceiling?

Mentoring

career rotation

leadership inclusion

retention goals

flexible work options

Bostock v. Clayton County (2020)?

SCOTUS ruled Title VII includes sexual orientation and gender identity. No discrimination in hiring, firing, or promotions based on sexual orientation or gender identity.

What is the ADA? Who is protected?

Americans with Disabilities Act. Anyone with a physical/mental impairment limiting life activities or perceived to have one.

What are essential job functions?

The core duties of a job.

What is reasonable accommodation?

Changes that help disabled workers do the job.

What is undue hardship?

A big difficulty or expense for the employer when accommodating.

Best practices under ADA?

• Define essential functions

• Handle requests properly

• Work with HR

• Act in good faith and document

What is GINA? What does it ban?

Genetic Information Nondiscrimination Act. Using genetic info in employment and health insurance decisions.

What is OWBPA?

Law that protects older employees signing severance waivers.

How to manage age issues?

• Age-neutral hiring

• Recruit older workers

• Offer phased retirement

What is IRCA?

Immigration Reform and Control Act.

IRCA requires?

• Verify work eligibility

• No discrimination

• Complete I-9 within 3 days

• Penalties for hiring undocumented workers

What is E-Verify?

Online system to check if someone is authorized to work.

What are I-9 documents?

Ds and documents that prove eligibility and identity.

What does USERRA do?

Ensures reemployment, leave, and benefits for military service members.