termination decisions (see Shaw for specifics).►Another important application of the value ofAnother important application of the value offairness involves sexual and otherfairness involves sexual and otherdiscriminatorydiscriminatoryforms offorms ofharassmentharassment..
Harassment: The BasicsHarassment: The Basics►Sexual HarassmentSexual HarassmentQuid pro quoQuid pro quoHostile environmentHostile environment►Must be abusive and not just annoying, must be unwelcome, andMust be abusive and not just annoying, must be unwelcome, andmust interfere with a reasonable person’s ability to do her/his job;must interfere with a reasonable person’s ability to do her/his job;normally must be a pervasive pattern rather than a singlenormally must be a pervasive pattern rather than a singleoccurrenceoccurrence►Non-sexual discriminatory harassment:Non-sexual discriminatory harassment:work environment hostile to members of a protected groupwork environment hostile to members of a protected group►What about free speech?What about free speech?Restrictions on workplace harassment allow for free speechRestrictions on workplace harassment allow for free speechoutside of work while protecting aoutside of work while protecting acaptive audiencecaptive audiencefromfrombeing subjected to abusive speech without being able tobeing subjected to abusive speech without being able toescape.escape.
Under the Americans withUnder the Americans withDisabilities Act (ADA) passed inDisabilities Act (ADA) passed in1994, employers must make1994, employers must makereasonable accommodations forreasonable accommodations foremployees with disabilities asemployees with disabilities aslong as:long as:doing so does not inflict unduedoing so does not inflict unduehardship on the business.hardship on the business.
A "BFOQ" is a . . .A "BFOQ" is a . . .bona fide occupational qualification;bona fide occupational qualification;employers should use only qualificationsemployers should use only qualificationslike this when they make hiring,like this when they make hiring,promotion, and other personnelpromotion, and other personneldecisionsdecisions
What implication did the USWhat implication did the USSupreme Court's decision inSupreme Court's decision inGriggs v. Duke PowerGriggs v. Duke PowerCompanyCompanyhave forhave foremployment screeningemployment screeningpractices?practices?►If a requirement for promotion or hiringIf a requirement for promotion or hiringhas an adverse effect on members of ahas an adverse effect on members of a“protected group,” then the employer“protected group,” then the employermust show why that test or requirementmust show why that test or requirementis related to job performance or businessis related to job performance or businessnecessitynecessity..
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