EEO Test

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  1. no person shall be compelled to witness against themselves, be subject to double jeapordy, nor be deprived of life, liberty, or property without due process
    5th amendment
  2. abolished slavery
    13th amendment
  3. afforded citizenship to former slaves
    14th amendment
  4. allowed all citizens to vote except for women
    15th amendment
  5. allowed women to vote
    19th amendment
  6. all persons born in the US can make and enfore contracts to sue, be parties, give evidence, to in inherit, purchase, lease sell etc.personal property as is enjoyed by white citizens
    civil rights act of 1866
  7. when one person causes another to be denied of their rights they are liable to that person injured in an action of law.
    civil rights act of 1871
  8. eliminated sex discrimination in the payment of wages
    Equal Pay Act
  9. prohibits discimination on the basis of handicap
    Rehabiliation act
  10. what occurs when the application of a facially neutral employment criterion has the effect of of disadvantaging a certain protected class under the discrimination acts
    disparate impact (aka adverse impact)
  11. What occurs when similarly treated individuals are treated differently due to a Title VII protected category as compared to someone similiary situated and in seperate protected category.
    disparate treatment
  12. Case where:
    employer adopted a policy requiring a high school diploma, as a prerequisite for hiring and transferring into some of it's departments
    Griggs vs. Duke Power
  13. Griggs vs. Duke power was an example of what?
    Disparate Impact
  14. what were the effects of Grigg vs. Duke power?
    disqualified a high # of blacks
  15. what was the result of the case Griggs vs. Duke power?
    • the policy did not violate Title VII
    • the employer was not motivated by discrimination but instead was trying to help blacks
  16. -an individual must show "prima facie", showing that theĀ  belongs to 1 or more of the protected categories and an employment action was taken/not taken due to that category.
    -management must state a legitimate reason for their actions
    -the complaintant must show that managements articulated reason is "pretext" for discrimination
    burden of proof analysis
  17. pre-complaint stages
    • occurrence
    • counselor contact
    • conducting inquiry
    • notice of final interview
    • eeo counselor report completed
  18. in how many days will ADR be conducted?
  19. how many days does aggrieved have after final notice to file formal complaint?
  20. how do you have to conduct inquiry?
    30 days
  21. what are the prohibted bases under federal laws, acts, orders etc?
    • Parental status
    • sexual orientation
    • age
    • disability
    • GINA
  22. Name Personnel issues (employment related)
    • Non-selection
    • performance appraisal
    • performance award
    • adverse performance appraisal
    • disicplinary actions
    • reasonable accomodation (disability)
    • harassment
  23. reasons for dismissing a complaint
    • non-timlieness
    • failure to state a claim
    • allgegations raised in a grievance
  24. qualities of an effective EO counselor
    • empathy
    • flexibility
    • stability
    • maturity
    • objectivity
    • perceptiveness
    • resourcefulness
    • honesty
  25. EO Specific Roles
    • act as a bridge
    • impartial fact finder
    • counselor to aggrieved
    • advisor to management
  26. What an EO counselor is not
    • an ax grinder
    • a decision maker
    • finder of discrimination
    • one who makes decisions
  27. Merit System Principles (9)
    • recruit, select, advance based on merit
    • treat applicants/employees fairly
    • equal pay for equal work
    • maintain integrity
    • manage employees efficiently
    • retain/seperate based on performance
    • educate/train to benefit organization
    • protect employeees from actions based on politics
    • protect against reprisal
  28. factors to consider when classifying positions
    • nature/variety of work
    • difficulty
    • authority/responsibility
    • supervisory controls
    • contacts
    • guidance
    • initiative/imagination
  29. what factors are not considered in classifying positions?
    • accuracy
    • performance
    • volume of work
    • length of service
  30. HURIER Model
    • Hearing
    • Understanding
    • Remembering
    • Interpreting
    • Evaluating
    • Responding
  31. During opening the interview explain
    • pre-complaint procedures
    • purpose of note taking
    • right/responsibilities
    • option for ADR
    • resolution avenues
  32. what should you do during pre-complaint interview? (9)
    • allow interviewee to state concerns
    • ask open ended questions
    • stay in control
    • stay neutral
    • use appr. eye contact
    • paraphrase
    • listen attentively
    • accept/acknowledge interviewees feelings
    • maintain positive non-verbal communication
  33. closing the interview
    • summarize
    • ask inerviewee if they have anything to add
    • explain informal inquiry process
    • discuss reprisal
    • future follow up
    • follow up
  34. why is framing the claim important?
    • defines nature of complaint
    • limits matters that will be addressed
    • establishes what info will be gathered
    • determines what relief may be granted
  35. what is a claim?
    • what person alleges management did or failed to do for a discriminatory reason
    • assertion of a unlawful employment action for which is proven there is a remedy under federal statutes
  36. who is responsible for framing the claim and how?
    • aggrieved-their claim so they must articulate it
    • eo counselor-assists only
    • EEO office-assist in clarification
  37. 3 types of claims
    • straight forward
    • complex
    • continuing violation
  38. pitfalls in framing claims
    • when all the claims aren't identified
    • not specifying basis to a claim
    • not clearly stating claim
    • citing reprisal but not explaining it
    • including background info in claim
  39. formal complain stages
    • formal complaint filed within 15 days of letter
    • agency acknowledges receipt of complaint
    • complaint accepted or dismissed
    • agency requests investigation
    • complaint notified of investigation
    • complaint investigated
    • ROI completed
    • ROI mailed to complaintant
    • complaintant must elect FAD or Hearing by EEOC
  40. when a person alleges discrimination in connection with a claim which is also appealable to the MSPB
    mixed case
  41. MSPB cases deal with
    • adverse actions
    • performance issues
    • reduction in force
    • prohivited personnel practices
    • discrimination
  42. prohibited personnel practices
    • disrimination based on protected categories
    • improper references
    • political coercion
    • obstruct right to compete
    • influence withdrawl from competition
    • using unauthorized preferences
    • nepotism
    • reprisal for whistle blowing
    • reprisal for exercise of rights
    • discrimination based on non-job related conduct
    • violation of veteran preference
    • violation of merit system principles
  43. Staffing considerations
    • laws
    • executive orders
    • regulations
  44. internal selections
    • reassignments
    • demotions
    • promotions
  45. external selections
    • tranfers
    • alternate certification
    • other locations within agency
  46. two types of interviews
    • ranking
    • selection
  47. Merit promotion programs qualifications
    • experience
    • education
    • physical requirements
    • training
  48. an employer can avoid liability for harassment if
    • they reasonably tried to prevent/correct behavior
    • the employee failed to take advantage of preventive/corrective measures
  49. methods to improve listening
    • have a purpose for listening
    • suspend judgement
    • resist distractions
    • think of questions to ask
    • wait before responding
    • seek important themes
    • respond to comments
    • avoid response blocks
  50. what are response blocks?
    • evaluation
    • unsolicited advice giving
    • diagnosing/analyzing
    • topping
Card Set:
EEO Test
2013-04-25 03:48:13

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