chapter 3

• Equal Employment Opportunity Commission (EEOC) → It is a branch of the Department of Labor charged with investigating and prosecuting complaints of employment discrimination.
• Grievance System → A process in which an employee files a complaint with the organization and a person or committee within the organization makes a decision regarding the complaint.
• Mediation → A method of resolving conflict in which a neutral third party is asked to help the two parties reach an agreement.
• Arbitration → A method of resolving conflicts in which a neutral third party is asked to choose which side is correct
• Binding Arbitration – method of resolving conflicts in which a neutral third party is asked to choose which side is correct and in which neither party is allowed to appeal the decision.
• Nonbinding Arbitration – method of resolving conflict in which a neutral third party is asked to choose which side is correct but in which either party may appeal the decision.
• Case Law – the interpretation of a law by a court through a verdict in a trial, setting precedent for subsequent court decisions.
• Protected Class – any group of people for whom protective legislation has been passed.
• Fifth Amendment – the amendment to the US Constitution that mandates that the federal government may not deny a person equal protection under the law.
• Fourteenth Amendments – the amendment to the US Constitution that mandates that no state may deny a person equal protection under the law
• Bona Fide Occupational Qualification (BFOQ) – a selection requirement that is necessary for the performance of job-related duties and for which there is no substitute.
• Adverse Impact – an employment practice that results in members of a protected class being negatively affected at a higher rate than members of the majority class. usually determined by the four-fifths rule.
• Four-fifths Rule – when the selection ratio for one group (e.g., females) is less than 80% (four-fifths) of the selection ratio of another group (e.g., males), adverse impact is said to exist.
• Job Related – the extent to which a test or measure taps a

  knowledge, skill, ability, behavior, or other characteristic

  needed to successfully perform a job.
• Quid Pro Qui – a type of sexual harassment in which the granting of sexual factors is tied to an employment decision.
• Hostile Environment – a type of harassment characterized by a

  pattern of unwanted conduct related to gender that interferes with

  an individual’s work performance
• ο Government Regulation → Most affirmative action requirements are the result of Presidential Executive Order 11246. These mandatory affirmative action plans typically involve analyses of all major job groups
• Court Order → When a court finds a public agency such as a police or fire department guilty of not hiring or promoting enough members of a protected class
• Consent Decree → If a discrimination complaint has been filed with a court, a public agency can “voluntarily”
• Fourth Amendment – the amendment to the US Constitution that protects against unreasonable search or seizure; the amendment has been ruled to cover such privacy issues as drug testing, locker and office searches, psychological testing, and electronic surveillance.