EXAM 1 REVIEW .docx - a"jobless world the"jobless job...

a "jobless" world, the "jobless" job
De-jobbing is a result of needing more flexibility
Age Discrimination Act of 1967
Unlawful to discriminate against employees who are 40 y/o.
End mandatory retirements
Favored statute: jury trials and double damages to those proving willful discrimination.
Americans With Disabilities Act
Reduce and eliminate discrimination against disabled peoples
50 mil Americans have disabilities
⅔ are unemployed (16-64 y/o), many want and need work
ADA doesn’t list specific disabilities
Employees should make reasonable accommodations unless it provides a hardship on business
ex : blind Harvard Law Student graduate turned down hundreds of time.
Being disabled doesn’t qualify someone for the job
Reasonable accommodations: minor job redesign, modified schedule, modifying or getting
equipment
NOT A DISABILITY: drug use (illegal), homosexuality, gambling
application forms and the EEO
Questions about race, religion, age, sex, or original are not illegal under FEDERAL as long as they do
not discriminate but are illegal under most states
Best to not put them on app
Apps must comply with EEO
Bona Fide Occupational Requirement
When a protected status (age, race, religion, origin, gender) is actually a requirement
Ex: jewish for rabbi, hooters waitstaff is a girl, linebacker physical reqs, retirement age mandatory for
pilots
Business Necessity
Show that the practice is valid (pre-employment test or required HS diploma)
Historically difficult to prove
Avoiding inconvenience or annoyance doesn’t qualify
Civil Rights Act of 1964
Unlawful for an employer to refuse hire employment due to their race, color, religion, sex, or
national origin. Also unlawful to segregate/limit employee (depriving them of opportunities) because
of race, color, religion, sex, or national origin.
Civil Rights Act of 1991
Employees may sue for damage awards
Individuals may request a trial by jury if they believe they’ve been discriminated against.
Criteria that businesses use to hire MUST be job related
Exempts employers with <15 employees from payment of punitive damages unless it’s intentional
discrimination

common interviewing mistakes
Snap Judgements (before interview began, from resume and applicants)
Negative emphasis: looking for things that are wrong rather than good
Not Knowing the Job: interviewers should know more about what the job entails
Pressure to hire: undermines interviews usefulness
Contrast Error: average candidates following a really poor candidate makes them look better
Influence of non-verbal behavior: more eyecontact, smiling, etc is better. Sex and attractiveness.
content validity
Strongest defense in EEOC
Fair sample of the content of the job
criterion validity
Demonstrating that those who did well on the test have also done well on the job
defense of discrimination allegations
drug screening in the selection process
Drug abuse increases accidents, sick benefits, and money to american businesses (higher
compensation claims)
Drug testing more common, especially before a formal hiring