2501.session3.fall.2012 (1)

Making reasonable job modifications on non essential

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Making reasonable job modifications on non- essential components of the job.
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ADA 1990: Who’s Covered? Affects a “major life activity”. Cannot be a “correctable disability.
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Review: Religion Under Title VII Reasonable accommodation. Undue hardship.
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Joe’s Café BFOQ as an exception. BFOQ rarely a successful defense. Is a statutory exception to the Title VII.
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Adverse Treatment Discriminatory intent inferred. Individual act of discrimination. Burden of proof ultimately on employee. 1991 Act provides for compensatory and punitive damages (capped).
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Summary: Employer Defenses (And Best Practice Keys) Job related requirements. Business necessity standards. BFOQ job standards.
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Sexual Harassment Prevention Types: Quid Pro Quo and Hostile Work Environment. Cases: 5 Supreme Court Cases that Guide our Understanding.
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Best Practices in Prevention Clear Policy. Communication. Training. Viable Complaint Procedures. Take Action. Build a Culture of Respect.
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Discipline Programs Progression step practices. Key principles: Hot stove approach. Consistency of application. Coaching and counseling skills.
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Affirmative Action Management Objective: to identify underutilization, set goals to address underutilized groups over time, and take staffing actions to meet goals. Process: Workforce review. Availability analysis. Utilization analysis. Goals and actions over time to meet goals.
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More Employment Rights Plant/Office closing. Drug testing programs. Workplace romance. Polygraph testing.
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