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1
ELEVENTH EDITION
GARY DESSLER
Part 1 | Introduction
Chapter 2
22
Executive Orders
Federal Agency
Guidelines
Pregnancy
Discrimination Act
of 1978
11246, 11375
OFCCP
Equal
Employment
Opportunity
Vocational
Rehabilitation Act
of 1973
Age Discrimination
in Employment Act
of 1967
23
24
25
Burden of Proof
Compensatory
Punitive
Disparate Impact
Mixed Motives
Desert Palace Inc.
v. Costa
26
Americans with
Disabilities Act
(ADA) of 1990
Qualified Individual
Reasonable Accommodation
Employer Defenses
27
28
29
210
211
Proving Sexual
Harassment
Hostile Environment
Created by
Co-Workers or
Nonemployees
212
TABLE 22
213
Sexual
Harassment
214
FIGURE 21
1.
2.
Have the victim inform the harasser directly that the conduct is unwelcome and must stop.
3.
4.
5.
Inform all employees about the policy prohibiting sexual harassment and of their rights under
the policy.
6.
7.
8.
Provide training to supervisors and managers to increase their awareness of the issues.
9.
215
FIGURE 22
California State
University,
Fresno: Complaint
Form for Filing a
Complaint of
Harassment or
Discrimination
216
Adverse Impact
Showing
Adverse Impact
Disparate
Rejection
Rates
Restricted
Policy
Population
Comparisons
McDonnellDouglas Test
217
218
Age
Bona Fide
Occupational
Qualification (BFOQ)
Religion
Gender
National Origin
219
Business Necessity
Business Necessity
A defense requiring employers to show that there
Validity
The degree to which the test or other employment
220
221
Selection
Personal Appearance
Word of Mouth
Dress
Misleading Information
Educational
Requirements
Tests
Uniforms
Hair
Preference to Relatives
Height, Weight, and
Physical Characteristics
Arrest Records
Application Forms
Discharge Due to
Garnishment
222
File Charge
Charge Acceptance
Serve Notice
Investigation/Fact-Finding
Cause/No Cause
Conciliation
Notice to Sue
223
FIGURE 24
The EEOC ChargeFiling Process
Unsuccessful mediation
EEOC may ask employer to
submit statement of position
of employers side of story
Successful mediation
EEOC may ask employer to
respond to request for information
(personnel files, etc.)
Conciliation fails
EEOC may
litigate in Federal
Court within 180
days of charge
Conciliation successful
EEOC may decide not to litigate
Sends charging party notice of Right to Sue
Party may sue within 90 days
224
FIGURE 23
225
Mandatory Arbitration
Gilmer v. Interstate/Johnson Lane Corp.
Employers can compel employees to agree
to
Recommendations
Request party be compelled to arbitrate claim.
Insert arbitration clause in employment applications
226
Submitting Documents
Position Statement
227
Official Records
Review Carefully
Employers Attorney
Conciliate Prudently
Information
Witnesses
228
229
230
231
232
Reverse Discrimination
Reverse Discrimination
Discrimination against non-minority applicants and
Wygant
U.S.
v. Paradise
Johnson
County
233
KEY TERMS
Title VII of the 1964 Civil Rights Act
Equal Employment Opportunity
Commission (EEOC)
affirmative action
Office of Federal Contract Compliance
Programs (OFCCP)
Equal Pay Act of 1963
Age Discrimination in Employment Act
of 1967 (ADEA)
Vocational Rehabilitation Act of 1973
Vietnam Era Veterans Readjustment Act
of 1974
Pregnancy Discrimination Act (PDA)
uniform guidelines
sexual harassment
234