Chapter 3: Legal Issues in employee Selection
A grievance system is a formal process that allows employees to file complaints about workplace issues. The organization reviews the complaint, and a designated person or committee makes a decision to resolve the matter fairly and consistently.
a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint
grievance system
Key Terms
a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint
grievance system
a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement
mediation
a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct
arbitration
a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which neither party is allowed to appeal the decision
Binding arbitration
Nonbinding arbitration
a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which either p...
any group of people for whom protective legislation has been passed
protected class
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Term | Definition |
---|---|
a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint | grievance system |
a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement | mediation |
a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct | arbitration |
a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which neither party is allowed to appeal the decision | Binding arbitration |
Nonbinding arbitration | a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which either party may appeal the decision |
any group of people for whom protective legislation has been passed | protected class |
protected class in the Philippines | ethnicity race religion or beliefs sex gender sexual orientation gender identity gender orientation gender expression civil status and HIV status |
a requirement that is specific in a particular class and is necessary to perform a job such as sperm donor, wet nurse | bona fide occupational qualification (BFOQ) |
an employment practice that 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 | adverse impact |
two standards to determine adverse impact | statistical significance 2. practical significance |
when the selection of one group is 80% of the selection ratio of another group, adverse impact is said to exist | four-fifths rule |
three criteria for a minimum qualification: | it must be needed to perform the job it must be formally identified and communicated prior to the start of the selection process it must be consistently applied |
three exceptions of discrimination charge | Bona fide occupation qualification national security Veteran’s Preference Rights |
a type of harassment that involves granting sexual favors tied to employment decisions | quid pro quo |
a sexual harassment occurs when (a.) unwanted pattern of conduct related to (b.) gender unreasonably interferes with an individual’s work performance | hostile environment |
How to prevent sexual harassment liability? | a. have a well conceived policy regarding sexual harassment b. have communicated that policies ti its employees c. explain the types of harassment d. include a list of names of the company officials to whom whom an employee should report any harassment |
entitles eligible employees to a minimum of 12 weeks of unpaid leave each year to deal with the following: | a. the birth or adoption of a baby b. the serious health condition of the employee c. the serious health condition of employees’ immediate family member. |
Reasons for affirmative action plan | Involuntary a. government regulation b. court order Voluntary a. Consent decree b. Desire to be a good citizen |
Affirmative Action | an active effort to improve the employment or educational opportunities of members of minority groups and women sought to achieve a multicultural staff |
affirmative action strategies | a. monitoring hiring and promotion statistics b. intentional recruitment of minority applicants c. identification and removal of employment practices working against minority applicants and employees d. preferred hiring and promotion for minorities |
five criteria used to assess an affirmative action plan | a. history of discrimination b. beneficiaries of the plan c. population used to set goals d. impact on non-minorities e. endpoint (deadline) of the plan- the plan must end when the goals have been obtained |
negative consequences for people hired or promoted on affirmative action plans | a. perceived by coworkers less competent b. have a tendency to devalue their own performance c. receives negative behavior from coworkers |
negative consequences can be reduced by: | a. giving positive information about the applicants abilities b. using “diversity initiative” rather than “affirmative action” c. being sensitive about how it promotes and implements its diversity and affirmative action efforts |
employment practices that can cause potential privacy issues: | a. drug testing b. office and locker searches c. psychological tests d. electronic surveillance |
to avoid legal liabilities of invasion of privacy: | a. tell employees that they are being monitored at the time of hire b. get new employees sign a consent form indicating that they are being monitored |