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Chapter 3: Legal Issues in Employee Selection (Reversed)

Business Law25 CardsCreated 1 day ago

A **grievance system** is a formal process through which employees can file complaints or concerns about workplace issues, such as unfair treatment or policy violations. The complaint is reviewed by a designated person or committee, which then makes a decision to resolve the issue.

grievance system

a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint

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Key Terms

Term
Definition

grievance system

a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint

mediation

a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement

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

Binding 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 ...

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

Nonbinding arbitration

protected class

any group of people for whom protective legislation has been passed

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TermDefinition

grievance system

a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint

mediation

a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement

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

Binding 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

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

Nonbinding arbitration

protected class

any group of people for whom protective legislation has been passed

ethnicity

race

religion or beliefs

sex gender

sexual orientation

gender identity

gender orientation

gender expression

civil status and HIV status

protected class in the Philippines

bona fide occupational qualification (BFOQ)

a requirement that is specific in a particular class and is necessary to perform a job such as sperm donor, wet nurse

adverse impact

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

two standards to determine _________

statistical significance

practical significance

two standards to determine adverse impact

four-fifths rule

when the selection of one group is 80% of the selection ratio of another group, adverse impact is said to exist

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 criteria for a minimum qualification:

Bona fide occupation qualification

national security

Veteran’s Preference Rights

three exceptions of discrimination charge

quid pro quo

a type of harassment that involves granting sexual favors tied to employment decisions

hostile environment

a sexual harassment occurs when (a.) unwanted pattern of conduct related to (b.) gender unreasonably interferes with an individual’s work performance

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

How to prevent sexual harassment liability?

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.

entitles eligible employees to a minimum of 12 weeks of unpaid leave each year to deal with the following:

Involuntary

a. government regulation

b. court order

Voluntary

a. Consent decree

b. Desire to be a good citizen

Reasons for affirmative action plan

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

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

affirmative action strategies

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

five criteria used to assess an affirmative action plan

a. perceived by coworkers less competent

b. have a tendency to devalue their own performance

c. receives negative behavior from coworkers

negative consequences for people hired or promoted on affirmative action plans

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

negative consequences can be reduced by:

a. drug testing

b. office and locker searches

c. psychological tests

d. electronic surveillance

employment practices that can cause potential privacy issues:

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

to avoid legal liabilities of invasion of privacy