The constitution
defines the powers of the different federal govt branches
statutes
refer to actions passed by the legistative bodies such as
... [Show More] congress and state legislatures and by local govt units such as cities or countries.
Brainpower
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executive orders
a directive by the chief exectutive of govt unit ( president) telling that govermmental unit how it will act or interact with members of its community.
Agency guidelines
includes agency interpretations, policy statements, letters and advisory materials to supplement or explain regulations and statutes
Common law
Based on court decisions and is recognized on the federal level . ex. employment at will
Rule making process
1. rule is proposed
2. public comment is invited
3. final rule is issued
Amendment
the modification of the constitution or a law
Bill
a proposal presented to a legislative body for possible enactment as a statute
veto
action of rejecting a bill or statute
regulations
reflect how laws will be implemented and often have the force of law. A rule or order issued by an administrative agency.
Employment practices liability insurance (EPLI)
a type of liability insurance covering an organization against claims by employees, former employees and employment candidates alleging that their legal rights in the employment relationship have been violated. the purpose is to protect a business against the risk of heavy financial losses resulting from employment claims and lawsuits.
what does EPLI cover
discrimination, breach of contract, and wrongful discharge suits
protected class
describes people who are covered under a particular federal, state, or local antidiscrimination law.
disparate treatment discrimination
occurs when an applicant or employee is treated differently because of his or her membership in a protected class - national orgin, sex or race
disparate (adverse) impact
results when a neutral policy has a discriminatory effect. (ex. nonessential education requirements for certain jobs that impact minority groups who have limited educational opportunities; employment screening requirements )
Civil rights act of 1964
the nations first federal law making it unlawful to discriminate in employment on basis of race color, religion, sex or national orgin
Title VII of the civil rights act
unlawful to discriminate in employment on basis of RACE, COLOR, RELIGION, SEX or NATIONAL ORGIN. Applies to most private employers who have 15 or more employees, educational institutions, federal, state and local governments, public and private employment agencies, labor unions with 15 or more members, joint committees for apprencticeships and training
Title VII exceptions
- disparate impact on a class of people but is job related
- religion, sex, or national orgin is a BFOQ - Race can never be BFOQ
-bona fide seniority systems
- affirmative action plans
uniform guideline on employee selection procedures
covers all aspects of the selection process. recommend that employers be able to demonstrate that selection procedures that have an adverse or disparate impact upon minorities or women are valid in predicting or measuring performance in a particular job
Under the uniform guidline, when does adverse impact occur
when the selection rate for an employment decision works to the disadvantage of a protected class. when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate. or 4/5s
bottom line concept
specifies that federal enforcement agencies will not expect an employer to evvaluate each component of the selection process individually if the selection process does not have an adverse impact
How to check for adverse impact for an organization who interviewed 40 males, 30 females; 20 males get hired, 6 females get hired.
1. male selection rate is 20/40 = 50%
female selection rate 6/30= 20%
2. identify the group with the highest selection rate : males at 50% (majority group)
3. divide the lowest selection rate (minority group by the highest. 20/50 = 40%
Griggs vs Duke Power
set the standards for determining whether discrimination based on disparate impact exists.(ex. education required or a test score.)
Phillips vs Martin Marietta Corporation
an employer many not refuse to hire women with preschool ages chiildren while hiring men with such children
Civil Rights of Act of 1991
provides for but limits the damage awards available to victims of international discrimination in violation of Title VII, ACA, section 501 of rehabilitation act 1973 ( applies to federal government employees only)
ADEA - age discrimination in employment act exceptions
-if age is a bona fide occupational qualification for reasons that are necessary to the normal operations
- the employer is adhering to a genuine seniority or benefit plan
- the employer is diciplining or firing a person other than age
- the employee is top executive or policy maker
ADEA coverage
covers all private and public employers with 20 or more employees, unions with 25 or more members, employment agencies and apprenticeship and training programs
OWBPA- Older worker benefit protection act
amended the ADEA to prohibit discrimination in employee benefits and waiver of claims
Why a function may be considered essential
- the reason the job exists is to perform the function
- there are a limited # of employees available among whom performance of the job function can be distributed
- the function is highly specialized and require specific expertise or ability
ADA amendment Act ( ADAAA) of 2008
makes it easier for individuals seeking law's protections to demonstrate that they meet the definition of disability
identifying a reasonable accommodation (steps)
1. individual asks for accommodation, directly or indirectly
2. identify the barriers to performance of essential job functions for the individual
3. identify possible accommodations that might be helpful in overcoming barriers
4. assess the reasonableness of the accommodations, whether they are the employers responsibility or impose undue hardship
5. choose an appropiate accommodation for the individual [Show Less]