114. A fully functioning and competent Human Resource Department can replace the need for any legal advice on any HR-related issues—employment, discrimination, etc.
115. One significant value that an effective HR department offers to companies is the department’s ability to undo the damage done by managers making poor or illegal decisions.
116. Awards for age, sex, or disability discrimination range from $50,000 to $300,000 depending on the size of the employer.
117. The landmark civil rights case that placed the burden of proof on employers in employment discrimination cases was Griggs vs. Duke Power.
118. There are few, if any, conflicts between the various strategies legislated to provide fair employment opportunity.
119. Ideal behavior strategy is based on the principle that fair employment can be achieved by making employment decisions without regard to race, sex, religion, color, etc.
120. It is permissible to make employment decisions entirely on the basis of race, age, sex, etc., if it rectifies past inequities.
121. When it comes to Human Resource issues, it is common for legislation or company policy to have unintended negative consequences.
122. Since the passage of the Equal Pay Act of 1963, the earnings differential between females and males has actually increased, contrary to the intent of the law.
123. Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964.
124. Under Title VII of the Civil Rights Act of 1964, it is now illegal to refuse to hire, fire, or treat anyone differently in terms of employment.
125. Even the most progressive and EEO-conscientious companies are constantly
practicing discrimination.
126. Adverse impact (or disparate impact) occurs when an employer treats an employee differentlybecause of his or her protected-class status.
127. The Griggs vs. Duke Power case was very important because it set a legal precedent for responding to disparate treatment in the workplace.
128. Policies that have an adverse effect on protected persons may be defended if it is proven that the policy mandates a regulation that is essential for good job performance.
129. An important tool for proving a prima facie case of adverse impact is the four-fifths rule.
130. The four-fifths rule claims that a practice has an adverse impact if the hiring rate of a protected class is greater than four-fifths that of a majority group.
131. Bona fide occupational qualification is a basic defense that an employer can use in a discrimination case.
132. Sexual harassment only exists in cases of “quid pro quo,” the demand for sexual activity in order to receive a job-related benefit.
133. Wards Cove Packing vs. Antonio placed the burden of proof of discrimination on the plaintiff, but the Civil Rights Act of 1991 returned the burden of proof to the employer.
134. The federal law or act that permits plaintiffs to collect punitive. as well as compensatory, damages is the Civil Rights Act of 1991.
135. The Americans with Disabilities Act (ADA) only protects those individuals who can prove they have a disability that limits one or more of their life functions.
136. A disabled individual is one who has physical or mental impairment that limits one or more major life activities, or who experiences environmental disadvantages.
137. The Supreme Court has ruled that an employer must accommodate a disabled job applicant or employee for both essential and marginal job functions.
138. Reasonable accommodations provided for disabled employees may include modifying work schedules or reassigning job duties.
139. The EEOC may investigate complaints, resolve complaints through conciliation, force employers to pay compensation, and issue regulations and guidelines.
140. The first step in affirmative action planning is conducting a utilization analysis.
141. An important strategy for eliminating or minimizing EEO complaints and suits is to simply be honest in employment, i.e., giving feedback about poor job performance, rather than giving good reviews and then firing someone.
142. An employer may ask, “Does your religion keep you from working on weekends?” if weekend shift work is a normal part of the job.
