Up-to-date research and business practices are the hallmarks of this market-leading text. In-depth applications cases and exercises at the ends of chapters provide students with skills-building and practice in key staffing activities and decision making. A comprehensive running case involving a fictitious retailing organisation provides even greater opportunity for in-depth analysis and skills-building.
Students also have the opportunity to address ethical issues at the end of each chapter. Sample Response: Disparate impact statistics describe existing demographic patterns, but they do not necessarily explain the reasons these patterns exist. The underlying reasons for the patterns may, or may not, be caused by discrimination. There may be cultural and historical reasons for concentrations of categories of people in certain jobs. For example, the historical role of women is still affecting the concentration by gender that can be observed in certain jobs.
Until fairly recently, most women remained at home as full-time mothers and housewives. And, when women did work, they were discouraged from seeking jobs that required manual labor or heavy physical exertion.
To this day, relatively few women are applying for jobs as forklift truck drivers or welders. Admittedly, these so-called cultural norms involved discrimination, but their historical significance in establishing patterns has still not been overcome.
There is a similar bias towards jobs as elementary school teachers, which are dominated by women. In cases such as these, it is unlikely that either AA measures or quotas would resolve the disparities in concentration of jobs.
There can also be patterns attributable to age or socio-economic class. For example, few middle-aged white, Anglo-Saxon males are likely to work as fastfood waiters or gardeners. These jobs are not considered suitable for primary wage earners and are held respectively by teenagers and foreign nationals in disproportionate numbers.
There are also disparities due to indirect forms of discrimination; that is, discrimination other than hiring discrimination, that impacts on the ability to hire. For example, residential housing patterns are impacted by convert segregation and economic disparities between the races.
Accordingly, members of one race do not, or cannot afford economically, to work in certain sections of cities dominated by another race. The point is not that these demographic patterns are desirable, acceptable, or just. In many cases they are not. But, they exist and they are not always susceptible to legislative or regulatory correction in the short term. Why is each of the four situational factors necessary to establishing a claim of disparate impact?
Sample Response: The first factor is that of belonging to a protected class. This factor is necessary because there has to be a rationale that a given class of people has been discriminated against in the past in order for a given anti-discrimination statute to have legal relevance. The second factor is for the person to have applied for, and been qualified for, a job the employer was trying to fill.
The third factor is having been qualified, but having been rejected for a job despite being qualified. Rejection must take place because one could hardly prove. In other words, the employer has a viable affirmative defense for failing to hire the plaintiff. The fourth factor is that the position has remained open after the qualified individual was rejected, and the employer continued to seek other candidates with similar qualifications.
Unless the employer can present a satisfactory rebuttal, discrimination has been proved in the eyes of the law and the employer will be held liable. What factors would lead an organization to enter into a consent agreement rather than continue to pursue a suit in court?
Sample Response: There are many economic reasons why an organization might enter into a consent agreement. One of these is the extent of the liability for either continuing the suit or losing the suit altogether. Suits are expensive in terms of damages awarded to plaintiffs, management time lost in attending to the suit, and legal costs. An organization may wish to minimize all of these costs through a consent agreement. There are other repercussions that can occur as a result of suits.
These eventualities can threaten the future financial and operational viability of the organization. Their purpose is to provide protections for employees only. Due process rights have their primary source in. EEOC guidelines B. Constitution Amendments Statutory law is derived from. They are very narrow in their coverage of employers. Specific agencies exist which regulate administration and enforcement. They cover only women, minorities, and certain religious groups.
None of these is true. Which of the following is not covered by the Civil Rights Act? The initial burden of proof in discrimination claims lies. When using stock statistics in job selection discrimination cases, the comparison being made is.
In EEOC cases, a consent decree is. Which of the following is prohibited discrimination under civil rights law? Regarding the use of tests in staffing, it can be said that. The legal status of seniority and merit systems is that. Employers can use which of the following techniques without violating the Age Discrimination in Employment Act.
Where the Americans with Disabilities Act is concerned,. Where reasonable accommodations for disabled individuals are concerned, it can be said that. Which of the following is not prohibited by the ADA? Noncompliance with the Immigration Reform and Control Act could result in. Which of the following is true regarding EEO laws? States must pursue age and disability discrimination claims under applicable state laws. All of these Which of the following is true regarding discrimination on the basis of sexual orientation?
Employers may apply for permanent H-1B visas for foreign workers. There is a cap of 50, workers per year who can obtain such visas. H-1B visa holders may not change jobs as soon as their employer files an approval petition and they are restricted to their current geographic area. None of these. An employer does not incur any legal responsibilities or liabilities regarding its employees.
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