Applied psych

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Applied psych
2012-01-26 07:55:28


the law
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  1. Discrimination:
    the giving of an unfair advantage or disadvantage to the members of a particular group in comparison to the members of other groups
  2. Discrimination is a suble & complex phenomenon that may assume 2 broad forms:
    • 1. unequal (disparate) treatment
    • 2. Adverse impact (unintentional) discrimination
  3. 1. Unequal (disparate) treatment-
    is based on an intention to discriminate, including the intention to retaliate against a person who opposed discrimination, who has brought charges, or who has participated in an investigation or hearing
  4. There are 3 major subtheories of discrimination within the Disparate treatment theory:
    • 1. cases that rely on diret evidence of the intention to disc.
    • 2. cases that are proved thru circumstantial evidence of the intention to disc. (ex. Schwager v. sun oil co.)
    • 3. mixed motive cases (a hybrid theory) that rely on both direct evidence of the intintion to disc. (age, sex, race), and proof the the employer's stated legitamate basis for its employment decision is actually just a pretext for illegal disc.
  5. 2. Adverse impact (unintentional) disc.
    • occurs when identical standards or procedures are applied to everyone, despite the fact that they lead to a substantial difference in employment outcomes (selection, promotion, layoffs)
    • Ex. min. height requirement for police cadets, this requirement would have an adverce impact on asians, hispanics and women
  6. The covil rights act of 1866 and 1871
    grants all citizens the right to sue in federal court if they feel they have been deprived of any rights or privileges guaranteed by the constitution and laws
  7. Equal pay for equal work act of 1963
    • the act was passed as an amendment to the fair labor standards act (FLSA) of 1938
    • requires that men & women working for the same establishment be paid the same rate for work that is substantially equal in skill, effort, responisibility, and working conditions
    • pay differentials are legal/appropriate id they are based on merit, seniority, systems that measure the quality or quantity of work or any factor other than sex
  8. the immigration reform and control act of 1986
    • applied to every employer in the US
    • 1. requires that employers not hire/continue to employ aliens who arent legally authorized to work in the u.s.
    • 2. with in 3 days of the hire date employers verify the identity and work authorization of every new employee and then sign a form saying they are legal. (I-9)
  9. Seniority Systems:
    • The act provides that a seniority system that intentionally discriminates against the members of a protected group can be challenged within 180 days of any of the following 3 points.
    • 1. when the system is adopted
    • 2. when an individual becomes subject to the system
    • 3. when a person is injured by the system
  10. Extension to U.S. senate and appointed officials
    protection from disc. to employees of the us senate, political appointees of the president, and staff members by elected officials at the state level
  11. The purpose of the rehabilitation act of 1973
    • eliminate systemic discrimination- that is, any business practice that results in the denial of the EEO
    • It emphasized on "screening in" applicants, not "screening them out"
  12. 2 types of sexual harrassment
    • 1. quid pro quo- you give me this, i'll give you that
    • 2. hostile work environment- an intimidating, hostile, or offensive atmosphere
  13. quid pro quo happens when;
    the harrassment is a condition of employment
  14. Equal employment opp. is viewed as;
    a fundamental right regardless
  15. Federal gov has three branches
    • legislative-house, congress-writes/passes statutes/laws
    • Judicial-court system- interpret the laws
    • Exectutive-senate-enforces laws
  16. Judicial includes
    • 1 supreme court
    • 12 appellate courts
  17. The supreme court-
    • reviews cases only
    • -if the justice deems the issue important enough or
    • -if 2 circuit courts hear similar cases and come to varying conclusion
  18. Centiori-
    to review a case
  19. A Writ of Certiori
    must be granted prior to the certiori process
  20. Executive-
    courts hear cases and enforce decisions based on law interpretations
  21. State supreme court decision =
  22. EEOC decision process
    • 1. complaint
    • 2. class certification- are they in a protected class, yes, then...
    • 3. discovery-must provide data thhat supports claim
    • 4. motions-if it is denied, then motions will be filed for trial or to try to work it out(usually done to delay process)
    • 5. settlement
    • 6. trial
    • 7. decisions-if found guilty then it will go straight to appeals. usually about ethics..
  23. Remember, to prevent employment abuse, we have:
    • U.S. constitution
    • 13th & 14th amendments to the constitution
    • -13-prohibits slavery/involuntary servitude
    • -14-guaruntees all citizens equal protection of law
    • 4 civil rights acts
    • 12 executive orders
  24. Civil rights acts of 1866
    • can make and enforce employment contracts
    • amended to adress private emp.
    • amended to include all aspeects of emp.
    • large and small employers

    -Broad based act even though it is old
  25. Civil rights act of 1871
    guarantees right to sue if constitutional rights or privileges have been denied
  26. Discrimination consequences
    • suspension
    • back pay to entire class of discriminants
    • professional image impacted
    • recruiting difficulties
    • tenure difficulties
  27. Civil rights act of 1991
    • monetary damages and jury trials
    • adverse impact (unintentional disc.) cases
    • protection in forein countries
    • racial harrassment
    • consent decree challenges
    • mixed motives
    • seniority systems
    • race norming and affirmative action
    • extension to U.S. senate and appointed officals
  28. Equal pay act of 1963
    • amends FLSA (fair labor standards act)
    • = pay for = work
    • monitored by eeoc
    • exceptions-seniority, quantity/quality production
    • any pay differential based on anything except gender
  29. Employment act of 1967
    • age disc. prohibited, over 40 with recorded satisfactory eork
    • monitored by eeoc
  30. Immigration reform and control act of 1986
    • all employers
    • all employees
    • --within 3 days, must confirm work eligibility (I-9 form)
  31. Americans with disability act of 1990
    • 15 or more employees
    • physical or mental impairments
    • monitored by eeoc
  32. Equal employment opportunity commission (EEOC)
    • 5 individuals
    • appointed by president, confirmed by senate
    • no more than 3 from the same political party
    • major regulatory agency for federal civil rights laws
  33. EEOC functions
    • investigate
    • conciliate
    • litigate
    • informate
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