SOLUTIONS
Equal Pay Act of 1963 - Answer- Employers are required to pay men and woman the
same wages and benefits for doing "equal" work. "Equal" means same duties,
responsibilities, skills, effort, working conditions, and location.
Seniority, merit considerations, or quantity or quality of production pay differences are
not a violation of this act. Employers cannot lower the wages of an employee to meet
this act, they must raise wages to comply.
Civil Rights Act of 1964 Titles VII - Answer- Unlawful employment practice for an
employer to fail or refuse to hire or to discharge any individual with respect to his
compensation terms, conditions, or privileges of employment because of race, color,
sex, religion, or national origin.
It is also illegal to limit, segregate, or classify employees for employment in any way that
would deprive them of employment opportunities based on race, color, religion, sex, or
national origin.
Civil Rights Act of 1964 Titles VII- Disparate Treatment - Answer- Unlawful for an
employer to fail or refuse to hire any individual with respect to compensation, terms,
conditions, or privileges of employment based on race, color, sex, or national origin.
Civil Rights Act of 1964 Titles VII- Adverse Impact - Answer- Unlawful for an employer
to limit, segregate, or classify employees or applicants in any way which would deprive
them of employment opportunities based on race, color, religion, sex, or national origin.
Protected Classes - Answer- Individuals who are covered by federal laws on equal
employment opportunities. Protected groups include race, color, religion, sex, national
origin, age, and disability.
Prima Facie - Answer- Based on first appearance, this requires that the applicant is a
protected class, they was not selected, the applicant appeared qualified for the position,
and others were hired for the open position. It may also require the 4/5ths rule to be
applied.
Defenses for Discrimination Practices - Answer- Job Relatedness, Bona Fide
Occupational Qualification, business necessity, and seniority.
, 4/5ths Rule - Answer- The selection rate for any protected group should be no less than
4/5ths or 80% of the selection rate for the group with the highest selection rate.
Equal Opportunity - Answer- Employment practices must guarantee equal opportunity to
employees and applicants based on protected class differences.
Compensation of workforce depends on applicants as long as all groups have equal
opportunity.
Affirmative Action - Answer- Employment practices should encourage a workforce that
reflects the gender and racial composition of the local population.
Companies should seek applicants and provide opportunities for underutilized minorities
to guarantee representation in the workforce.
No business is ever required to hire someone not qualified for a job.
Civil Rights Act of 1991 - Answer- Followed Wards Cove Packing vs Antonio (1989),
prohibits "race norming" of tests. This includes changing employment test scores based
on the protected classes. Plaintiffs can sue for punitive damages in cases of intentional
discrimination. Adverse impact prohibited for each piece of a selection system.
The burden of proof against claims of discrimination is on the employer. This act also
prohibits quotas in selection.
Immigration Reform and Control Act I9 - Answer- Employers covered by the law are
prohibited from knowingly hiring or retaining unauthorized aliens on the job. Employees
with four or more employees are prohibited from discriminating in hiring or termination
decisions on the basis of national origin or citizenship.
Uniform Guidelines on Employee Selections - Answer- A procedural document
published in the Federal Register to help employers comply with federal regulations
against discriminatory actions. It applies to employee selection procedures in the areas
of hiring, retention, promotion, transfer, demotion, dismissal, and referral.
When using this guideline, any type of appropriate discrimination must have valid job
relatedness or business necessity.
Sexual Harassment - Answer- Unwelcome advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature in the working environment. There
are 2 forms of sexual harassment, Quid pro quo and hostile work environment.
Quid pro quo - Answer- Submission to or rejection of sexual conduct is used as a basis
for employment decisions. This type of harassment involves a tangible or economic
consequence, such as a demotion or loss of pay.