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HRM 2 - • Hiring a specific type of person is reasonable...

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HRM 2 Thursday, November 10, 2011 2:18 PM Discrimination in Hiring Plaintiff must establish a "prima facie" (i.e., apparent) case of discrimination. o Prove that hiring procedures had an "adverse impact" on a protected class. o Adverse Impact - a disproportionate number of a protected class was rejected for employment. If adverse impact is established, the organization must justify its practices. Establishing adverse impact Disparate Selection Rates For qualified applicants , the selection rate for protected classes should not be lower than 4/5 of the highest group. Populations Comparison The percentage of protected employees should reflect their percentage in the surrounding community . Restricted Policy An organization's hiring policy specifically excluded members of a protected class. Proof that hiring practices were legitimate Bona Fide Occupational Qualification (BFOQ)
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Unformatted text preview: • Hiring a specific type of person is reasonable necessary to the normal operation of the enterprise. o e.g., male locker room attendant o e.g, religious institution should have workers that interact with patrons within the same religion o e.g., restroom attendant - same sex as the specific bathroom • Business Necessity o Selection criteria are related to some aspect of job performance (Job Relatedness). • Relationship between the score on the test and the performance on the job. Albemarle Paper Company vs. Moody (selection criteria of high school diploma) • Moody won because the Paper Company could not prove that the high school diploma selection criteria was not related to job performance. • SAT scores and class rank are related to the freshman year success...
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  • Spring '09
  • Mackenzie
  • Prima facie, adverse impact, high school diploma, Education in the United States, Albemarle Paper Company

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