Title VII of the Civil Rights Act: Prohibiting Discrimination in the Workplace

Title VII of the Civil Rights Act: Prohibiting Discrimination in the Workplace

This module covers the basics of Title VII of the Civil Rights Act, which prohibits discrimination against protected classes in employment practices, and provides guidance on workforce planning and employment strategies. Includes 59 PHR and 38 SPHR exam questions.

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About Title VII of the Civil Rights Act: Prohibiting Discrimination in the Workplace

PowerPoint presentation about 'Title VII of the Civil Rights Act: Prohibiting Discrimination in the Workplace'. This presentation describes the topic on This module covers the basics of Title VII of the Civil Rights Act, which prohibits discrimination against protected classes in employment practices, and provides guidance on workforce planning and employment strategies. Includes 59 PHR and 38 SPHR exam questions.. The key topics included in this slideshow are Title VII, Civil Rights Act, discrimination, protected classes, workforce planning, employment, PHR, SPHR, pregnancy discrimination, sexual harassment, compensation discrimination,. Download this presentation absolutely free.

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1. 2-1 SHRM Module 2: Workforce Planning and Employment 26% PHR (59 questions) 17% SPHR (38 questions)

2. Title VII of the Civil Rights Act (1964) Prohibits discrimination against protected classes. Makes it unlawful to deny employment opportunities, training, or career advancement to protected classes. As amended, prohibits discrimination because of pregnancy, childbirth, or related conditions. Prohibits sexual harassment. Prohibits compensation discrimination. 2-2 SHRM

3. Which of the following organizations would be subject to the EEOC rules and regulations specified in Title VII and its amendments? A. A five-person, family-owned computer repair business B. An independent college with 80 employees C. A franchise operation with two full-time managers and ten part-time employees D. A new labor union with 14 members Answer: B 2-3 SHRM

4. Title VII Exceptions Several exceptions to the definition of discrimination exist, including: 2-4 SHRM Work-related requirements BFOQs Seniority systems

5. Civil Rights Act (1991) Allows jury trials when a plaintiff seeks compensatory or punitive damages. Compensatory damages are awarded to make an injured person whole. Under federal law, punitive damages are not possible against a governmental unit or agency. Amount of compensatory and punitive damages is based on the size of the employers workforce. Related case: Kolstad v. American Dental Association 2-5 SHRM

6. Compensatory and Punitive Damages Maximum Recovery per Individual Number of Employees $50,000 15100 $100,000 101200 $200,000 201500 $300,000 501 or more The maximum recovery amount is for a total of compensatory and punitive damages. 2-6 SHRM

7. Age Discrimination in Employment Act (1967) ADEA prohibits: Employment discrimination against persons age 40 and over. Mandatory retirement based on age. Limiting employee status due to age. 2-7 SHRM ADEA covers: Employers with 20 or more employees. Unions with 25 or more members. Employment agencies and apprenticeship programs.

8. ADEA Exceptions The company has a genuine seniority or benefit plan. The employer disciplines or fires for good cause. The employee is a top executive or policy maker. 2-8 SHRM Age can be a BFOQ if necessary for the normal operation of the business. Exceptions can occur when:

9. Pregnancy Discrimination Act (1978) A company: May not refuse to hire or fire a woman simply because she is pregnant. May not force a pregnant employee to leave if she is ready, willing, and able to work. Must treat pregnancy the same as any other temporary disability. 2-9 SHRM

10. Americans with Disabilities Act (1990) Prohibits discrimination against qualified individuals with disabilities. Applies to employers with 15 or more employees. Requires reasonable accommodation unless the employer can show undue hardship. Prohibits preemployment medical examinations except after a job offer. Requires accessibility to new public transportation facilities and buildings. 2-10 SHRM

11. ADA Terms 2-11 SHRM A physical or mental impairment that substantially limits one or more major life activities Disability Primary job duties that an individual must be able to perform, with or without accommodation Essential function Modifying or adjusting a job application process, a work environment, or the circumstances under which a job is performed Reasonable accommodation

12. According to case law, a person may not be protected by the ADA if the condition is A. temporary. B. already covered by the FMLA. C. controlled by mitigating measures. D. not correctable through reasonable accommodation. Answer: C 2-12 SHRM

13. Uniform Guidelines on Employee Selection Procedures (1978) Cover all aspects of the selection process. Prohibit selection procedures that have adverse impact on protected groups. Adverse impact occurs when the rate for a protected group is less than 80% of the rate for the group with the highest selection rate (also known as the 80% rule or four- fifths rule). 2-13 SHRM

14. A company interviews 60 males and 40 females. They hire 30 males and 10 females. What is the selection rate of females? A. 25% B. 30% C. 40% D. 50% Answer: A 2-14 SHRM

15. Is there adverse impact? Answer: Yes. Here is the calculation: 50% of the males were hired. To determine adverse impact, multiply 4/5 or 80% 50% = 40%. Adverse impact occurred because 25% of the females were hired, not the required threshold of 40%. 2-15 SHRM

16. Affirmative Action Obligations Federal laws that apply to federal government contractors and impose AA obligations include: Executive Order 11246 (women and minorities). Vietnam Era Veterans Readjustment Assistance Act and Jobs for Veterans Act. Section 503 of the Rehabilitation Act. Legal obligations on employers depend on: Value of the federal contracts/subcontracts Number of employees. 2-16 SHRM

17. Rehabilitation Act (1973) Prohibits discrimination based on physical or mental disabilities. Section 503 applies to the federal government or federal contractors with contracts over $10,000. Requires employers to take affirmative action and make reasonable accommodation. 2-17 SHRM

18. Reasonable Accommodation 2-18 SHRM

19. Immigration Reform and Control Act (1986) Prohibits discrimination on the basis of national origin or citizenship. Establishes penalties for hiring illegal aliens. Places burden on employers to verify an employees identity and right to work. Employers and employees fill out Form I-9 within three days of hiring. 2-19 SHRM

20. Which document would prove identity and right to work in the U.S.? A. A U.S. military ID card B. A Social Security card C. A drivers license with photo D. An unexpired Temporary Resident Card Answer: D 2-20 SHRM

21. Visa Categories Immigrant visas (green cards) are permanent. Divided into three preference groups based on their importance and the number allocated to each group annually (EB-1, EB-2, EB-3). Nonimmigrant visas are temporary. H-1B is reserved for professionals who come to the U.S. for a limited amount of time. There is a yearly cap on the number of H- 1B visas. 2-21 SHRM

22. WARN Act (1988) Requires a minimum of 60 days notice for: Plant closings. Mass layoffs. States that notice be given to: Local government. State dislocated worker units. Affected workers or their representatives. 2-22 SHRM Worker Adjustment and Retraining Notification (WARN) Act

23. Employee Polygraph Protection Act (1988) Regulates the use of lie detectors. Allows the use of lie detector tests when: The employer is the federal, state, or local government. Prospective employees will work in security-sensitive, drug manufacturing, or intelligence situations. Current employees are under reasonable suspicion of theft or embezzlement. Employer may not discharge an employee based solely on test results or refusal to test. 2-23 SHRM

24. Consumer Credit Protection Act (1968) Limits the amount of wages that can be garnished or withheld in any one week to satisfy creditors ( generally 25% of disposable pay). Prohibits employers from terminating an employee for one single indebtedness. 2-24 SHRM

25. Fair Credit Reporting Act (1970) Applicant/employee must provide written authorization before a consumer report is ordered. Employer must provide: 2-25 SHRM Written notice that a report may be used and time for a response to the report. Notice that an adverse action has been taken (must be provided within three days of the action). A written response (within five days) to a request for complete disclosure.

26. Fair and Accurate Credit Transactions Act Provides relief to employers using third parties for workplace investigations. Amends the FCRA by eliminating the consent and disclosure requirements when a third party conducts an investigation involving: Suspected misconduct. A violation of law or regulations. A violation of any preexisting written policies of the employer. 2-26 SHRM

27. Equal Employment Opportunity Race. Gender. Ethnicity. Religion. Age. Color. Military/veteran status. Disability. The term protected classes refers to people who are covered under a federal or state discrimination law. Laws require employment decisions to be job- and business-related and not made on the basis of: 2-27 SHRM

28. Types of Discrimination Disparate treatment Treating protected classes differently than other employees or evaluating them by different standards. Disparate or adverse impact Applying rules that have a negative effect on protected classes to all employees. Perpetuating past discrimination Using employee referral programs that maintain racial inequity. 2-28 SHRM

29. Griggs v. Duke Power Landmark case that recognized adverse impact discrimination. Found that employment practices can be illegal even when applied to all employees. Established that employment discrimination need not be overt or intentional. Places burden on the employer to prove that requirements are job-related. 2-29 SHRM

30. McDonnell Douglas Corp. v. Green Landmark case that established criteria for disparate treatment . Ruled that a prima facie case can be shown if an employee: Belongs to a protected class. Applied for a job when the employer sought applicants. Was qualified and yet rejected. Was rejected but the employer kept looking. 2-30 SHRM

31. Other Key Cases Albemarle Paper v. Moody Any test used for promotion/selection must be a valid predictor for job success. Washington v. Davis A test is legal if it is job- related even though it has adverse impact. 2-31 SHRM St. Marys Honor Center v. Hicks An employee must prove that an employers reason for an adverse action is based on a lie and that the lie was to cover up discrimination. McKennon v. Nashville Banner Publishing Co. After-acquired evidence cannot free an employer from discrimination liability.

32. EEO Reporting Annual reporting is required for: Employers with 100 or more employees. Federal contractors with at least 50 employees and contracts of $50,000. Reports are due by September 30. Posters and officially approved notices must be posted where they can be seen by employees. 2-32 SHRM

33. Internet Job Applicants: EEOC The employer must have taken steps to fill a particular job. The individual must follow the employers standard application procedure. The individual must express an interest in a particular position. 2-33 SHRM Proposed EEOC regulations require that:

34. Internet Job Applicants: OFCCP Final regulations require that: The individual express interest in employment over the Internet or related electronic data technology. The employer consider the individual for employment in a particular position. The individuals expression of interest indicates that the individual possesses the basic qualifications for the position. The individual does not remove himself or herself from consideration at any point in the employment process. 2-34 SHRM

35. Applicant Flow Data Federal government contractors must be able to identify, when possible, the race, gender, and ethnicity of applicants. Used to evaluate differences in selection rates among different groups to determine if there is adverse impact. Is obtained by: The use of a self-identification form (preferable). A visual survey of applicants. 2-35 SHRM

36. Affirmative Action Employers: Identify conspicuous workforce imbalances. Focus on hiring, training, compensating, and promoting underrepresented groups. 2-36 SHRM

37. Major Elements of an AAP Depicts staffing patterns to determine if barriers to equal employment opportunity exist. Organizational profile Provides a graphical representation of the organizational units. Organizational display Lists job titles ranked from lowest- to highest-paid within an organizational unit. Workforce analysis Lists all job titles in each job group and shows jobs by functional (not departmental) alignment. Job group analysis 2-37 SHRM

38. Availability Analysis Requires that organizations consider internal and external availability to determine the theoretical availability of women and minorities. Organization compares the percentages of women and minorities in each group with the theoretical availability. OFCCP allows a variety of statistical methods for calculating the comparison, but the two standard deviations analysis is recommended. Placement goals are set when the percentage of minorities or women is less than reasonably expected given their availability percentage. 2-38 SHRM

39. Which of the following is frequently a trigger for an AA audit by the OFCCP? A. A surge of workers compensation claims B. Membership in a technology-based industry C. A mass layoff of management employees D. A federal contract of over $1 million Answer: D 2-39 SHRM

40. Types of Audits Glass ceiling review Glass ceiling review Focused review Focused review Compliance check Compliance check Off-site review Off-site review Compliance review Compliance review Audits Audits 2-40 SHRM

41. Fairness Issues Reverse discrimination Quota vs. merit hiring Bona fide occupational qualification Courts allow temporary preference to protected classes. Generally not allowed by the courts. Carefully scrutinized by courts. 2-41 SHRM

42. Employment Practices Liability Insurance EPLI covers businesses against claims by workers that their employee rights have been violated. Policies cover legal costs whether the company wins or loses. Policies usually do not cover: Punitive damages or civil and criminal penalties. Liabilities covered by other insurance such as workers compensation. Employer may have a duty to notify the carrier upon receipt of a letter from a lawyer, even if no claim has been filed. If not done, coverage could be waived. 2-42 SHRM

43. Sexual Harassment Quid pro quo Employee must give in to sexual demands or forfeit an economic benefit (job or raise). Hostile environment Sexual or discriminatory conduct creates a threatening or abusive work environment. 2-43 SHRM

44. Sexual Harassment Cases Held that sexual harassment violates Title VII. Meritor Savings Bank v. Vinson Established reasonable person standard. Harris v. Forklift Systems, Inc. Same-gender harassment is actionable. Oncale v. Sundowner Offshore Service, Inc. Held employers liable for supervisory harassment that resulted in adverse employment action. Faragher v. City of Boca Raton and Ellerth v. Burlington Northern Industries 2-44 SHRM

45. Vicarious Liability Employers are liable for discriminatory actions by their employees. Employers must end harassment through intervention or discipline. Employees should utilize preventive and corrective action opportunities. 2-45 SHRM

46. Harassment Policy/Prevention Have a written policy with a clear definition of harassment and a statement that it will not be tolerated. Establish a complaint procedure. Provide training and education. Investigate every complaint. Discipline if necessary. Communicate via multiple methods to management and employees. 2-46 SHRM

47. Internal Workforce Planning Identifies human capital needs. Provides qualified individuals for jobs in the organization. Staffing Organization analyzes its workforce and prepares for future needs. Forecasts future conditions and identifies gaps between current and future staff. Workforce planning 2-47 SHRM

48. Staffing Needs Analysis Process 2-48 Supply Analysis Demand Analysis Budget Analysis Strategic Analysis SHRM

49. Trend and Ratio Analysis Determines the relationship between two variables. 2-49 SHRM

50. Trend Analysis Plots the number of employees for the last six years and projects the trend out for two more years. 2-50 SHRM

51. Turnover Analysis Most often expressed using an annualized formula. Calculated by dividing the number of separations per year by the average number of employees per month. 65 separations per year 225 average employees per month = 28.9% turnover. May also be calculated quarterly and used to project the annual turnover. 2-51 SHRM

52. Flow Analysis Projects future movement. 2-52 SHRM

53. Demand Analysis Techniques Project the number of employees and the types of skills needed for the future. Managerial estimates Delphi technique Nominal group technique Judgmental forecasts Regression analysis Simulations Statistical forecasts SPHR only 2-53 SHRM

54. Organizational Approaches to International Business SPHR only Ethnocentric Polycentric Regiocentric Geocentric Four terms describe how a firm manages its international operations. 2-54 SHRM

55. International Employees TCNs TCNs Inpatriates Inpatriates Local nationals Local nationals Expatriates Expatriates Employee Types Employee Types SPHR only 2-55 SHRM

56. Job Analysis and Employee Jobs 2-56 SHRM

57. Job Analysis Knowledge Information necessary for task performance Skills Level of competency or proficiency Abilities Traits or capabilities necessary 2-57 SHRM

58. Job Analysis Methods Observation Interview Open-ended questionnaire Highly structured questionnaire Work diary or log 2-58 SHRM

59. Job Analysis Uses 2-59 SHRM

60. Which of the following would MOST likely be an essential job function? A. Devotes approximately 8% of time to direct customer contact B. Regularly reviews engineering design documents C. As time permits, participates in an ongoing employee committee assignment D. May delegate template preparation to administrative support Answer: B 2-60 SHRM

61. Job Descriptions Summarize the most important features of a job. Describe the work that details the required tasks, KSAs, responsibilities, and reporting structure. Include the physical requirements of the job for ADA considerations. Include duties that support exempt status. 2-61 SHRM

62. Job Specifications Qualifications necessary for an incumbent to be able to perform the job. Include experience, training, education, licenses, and certification required. Can be a separate section of the job description or a separate document. Should reflect what is necessary for satisfactory performance, not what the ideal candidate should have. 2-62 SHRM

63. Job Competencies Job competencies represent the compilation of multiple skills, traits, knowledge, and abilities. Competency model is a set of competencies that make up a profile for success in a particular job. Core competencies are aligned with key business objectives and/or values and contribute to organizational success. 2-63 SHRM

64. The FIRST step in determining which candidates are qualified for an open position is a(n) A. review of the job description. B. assessment of the companys ability to pay. C. review of the candidates rsums. D. evaluation of internal candidates. Answer: A 2-64 SHRM

65. Internal Recruitment Sources Job posting Job bidding Skill banks and skill tracking systems Employee referrals 2-65 SHRM

66. External Recruitment Sources Former employees, previous applicants, and walk-ins Labor unions and third-party sources The Internet Educational recruiting Trade and professional associations Media advertising School-to-work programs Employee databases Minority recruiting Nontraditional labor pools 2-66 SHRM

67. Employment Branding Positions the company as an employer of choice in the labor market. Must be aligned with strategic plan, vision, mission, and values. Uses the same tools used to market the product to create an image of what it is like to work for the company. 2-67 SHRM

68. Recruitment Effectiveness Short-term Time to recruit applicants Selection and acceptance rates Cost per applicant hired Quantity and quality of applicants EEO implications Long-term Performance of hires Turnover Absenteeism per hire Training costs 2-68 SHRM

69. Evaluating Recruitment Sources 2-69 SHRM

70. A company made 30 offers, and 18 were accepted. What is the yield ratio of acceptance to offers? A. 35% B. 45% C. 55% D. 60% Answer: D Calculation: 18 30 = 60% 2-70 SHRM

71. Flexible Staffing Uses alternative recruiting sources and workers who are not regular employees. The choice of arrangement depends on: The function. Level of supervision required. Time constraints. Financial constraints. Legal risks and liability. 2-71 SHRM

72. Co-Employment Organization and alternative staffing supplier share joint responsibility for alternative workers. Agreement summarizes: Legal relationship. Rights and obligations. Potential liability varies depending on the nature of the agreement. 2-72 SHRM

73. Selection Process 2-73 SHRM

74. Step 1: Analyzing Application Forms Types of forms: Short forms Long forms Targeted application forms Weighted application forms Rsums Uses: Serve as a prescreening device. Collect job-related, nondiscriminatory data. Call attention to red flags. 2-74 SHRM

75. Step 2: Interviewing Prescreening In-depth interviews Structured Patterned Stress Directive Nondirective Behavioral Situational Group Questions should be job- related and nondiscriminatory. 2-75 SHRM

76. Interviewer Biases Stereotyping First-impression and similar-to-me errors Contrast effect Nonverbal bias Questioning inconsistencies Negative emphasis Halo/horn effect Cultural noise 2-76 SHRM

77. An interviewer assumes that a woman will do poorly in a job that requires math and analytical skills. This interviewing bias is known as A. horn effect. B. cultural noise. C. stereotyping. D. negative emphasis. Answer: C 2-77 SHRM

78. Step 3: Testing and Background Investigation Tests Cognitive ability Personality Aptitude Psychomotor Assessment centers Honesty/integrity Polygraph Substance abuse Background checks Work reference Verification of academic credentials Credit history Motor vehicle Criminal background 2-78 SHRM

79. Selection Reliability Ability to measure or predict behavior with consistency. Example: Scores for a test that is taken twice should be similar. The following errors may create inconsistent results: Failure to measure an important attribute Irrelevant questions in an interview Different time limits for people taking a test Rater bias in evaluating candidates 2-79 SHRM

80. Selection Validity Content validity Degree to which a test measures knowledge, skills, and abilities that are part of the job Construct validity Degree to which a test measures a trait such as intelligence Criterion-related validity Correlation of test results to job performance Predictive Concurrent 2-80 SHRM

81. Criterion-Related Validity The greater the overlap between predictors and variables, the better the predictor. Complete correlation = +1 or 1 2-81 SHRM

82. Approaches to Establishing Criterion- Related Validity: Concurrent Validity 2-82 SHRM

83. Approaches to Establishing Criterion- Related Validity: Predictive Validity 2-83 SHRM

84. Realistic Job Previewing Helps a candidate make an informed decision. Allows the organization to objectively portray the job. Examples of job preview techniques may include: Job telephone information line. Job simulations. Video presentations. Workplace tours. Interviews with job incumbents. 2-84 SHRM

85. Step 4: Contingent Job Offer A conditional job offer may depend on: Verification of IRCA documents. A medical exam (if job- related and consistent with business necessity). 2-85 SHRM

86. Step 5: Employment Offer Formally communicated through an offer letter. Clearly states terms of the offer. Avoids language that implies a contract (states that employment is at will). Clarifies contingencies (physical exam). Clarifies acceptance details and deadline. 2-86 SHRM

87. Employment Contracts Agreement between employer and employee that explains the employment relationship. Express contract is based on oral or written words. Implied contract results from actions or conduct. Employment-at-will is presumed if a written employment contract does not exist. 2-87 SHRM

88. Which type of employment situation would MOST likely warrant a written employment contract? A. A full-time telecommuter B. A salesperson C. A graphic artist D. A department manager Answer: B 2-88 SHRM

89. Retention 2-89 SHRM Provide clear and consistent job expectations. Provide clear and fair supervision. Provide training and growth opportunities. Respect and recognize employees. Reward employees fairly.

90. Organizational Exit Manages the way people leave an organization. Layoffs or RIFs are based on: Skills. Work record. Seniority. Disparate impact implications. EEO/legal considerations. Management should document the criteria used to make layoff decisions. Separation should be considered a termination if there is no chance of a recall. Severance packages are not required by federal law. 2-90 SHRM

91. A firm is laying off 15% of its workforce due to declining global markets. What can HR do to help the remaining employees through the transition? A. Run a series of regional focus groups with mid-level managers. B. Publicize that exit interviews were conducted with all separated employees. C. Regularly communicate with employees about ongoing business challenges. D. Hold a corporate-wide teleconference to address rumors. Answer: C 2-91 SHRM

92. Wrongful Terminations 2-92 SHRM Constructive discharge Retaliatory discharge Coercion

93. Voluntary Retirement Management must: Identify what units of the company are eligible to participate in a voluntary program. Communicate that the plan is voluntary. The plan must comply with the Older Workers Benefit Protection Act. Voluntary waivers or claims under ADEA are valid only when waivers are knowingly and voluntarily made. 2-93 SHRM

94. The OWBPA requires that employees signing a waiver of their ADEA rights must A. be given at least 14 days to consider the agreement. B. receive severance pay or something of value. C. consult an attorney prior to signing the waiver. D. have at least three days to revoke the agreement after it is signed. Answer: B 2-94 SHRM

95. Exit Interviews Gain candid information from departing employees. Are conducted most often when terminations are voluntary. Are conducted by a neutral party. Exit form may be used to collect information. Comments are typically kept confidential. Assurance may be given that remarks will not be shared with a supervisor. 2-95 SHRM

96. Records Management Requirements may depend on: Federal and state statutes. Status as a government contractor or subcontractor. Number of employees or purpose of record keeping. Industry, location, or customers. 2-96 SHRM