Thursday, June 11, 2009

HR week 2-2

sue- title 7, pregnancy, equal pay, disabilities, civil right 1991, executive order 11246, sexual harassment
Title 7 - reinstate back to before, to woman, post civil war statutory, its not us, its them
Civil rights act 1991 - eeoc.gov, very expensive
American disabilities - not only public building, apply also to private
Sexual Harassment - differential treatment based on sexual gender

bonified seniority - based on fair chance of seniority
merit based system - pay based on performance
age discriminate -

diversity - includes eeo + affirmative action,
eeo
affirmative action - not allow to prefer a les qualify person minority over a more qualify majority. but it can use as a tide breaker.
to work for gov - u mist have affirmative action, made it possible to allow fair workin env

Proof Discriminate: member of a protected class, qualified working, denied from a position.
1973- raise infern of the case even wo evidence

Disperate treatment - show 1)member of protect class, 2)qualified for job/promo 3)turned down for job,raise,promo 4) job remain open, and was filled by someone else less qualified

Adverse Impact - 4/5

OWBPA basic
The OWBPA amends the ADEA to require that no purported waiver of rights to sue for age discrimination shall be valid unless waiver is "knowing and voluntary." For a waiver to be consier knowing and voluntary under the law:
-know what u doing, voluntary sign,

WARN - layoff, 60days pay

American Disability Act
Disable - Physicallly or mental impairment that "substaintially limits" one or more "major life activities"

Harassment
Company in penalty instead of manager

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