UGBA 10 Lecture Notes - Lecture 22: Regents Of The University Of California, Duke Energy, Job Performance
23 May 2018
School
Course
Professor
Eployet Law March 30
I. Equal Employment Opportunity Laws- Federal laws that tell firms what NOT to use as a
selection factor in employment decisions; by passing these laws, Congress basically says that
there is no inherent advantage to be a member of a certain subgroup (ie: male, Caucasian) in
terms of qualifications for employment. All subgroups are equal in qualifications and are
distiguished thei K“A’s fo the jo
• Ciil Rights At of 1964: ladak legislatio duig LBJ’s adiistatio that stated that
an employer could’t disiiate o hiig/fiig ased o etai haateistis
thigs ou a’t hage ad ae’t jo-related- ie: age, race, color, sex, or national
origin)
o Griggs v. Duke Power: selection requirements have to be job-related; do not
need to prove intet to disiiate ie: a’t hae a euieet of a H“
diploa if it is’t jo-related that makes an individual a higher performer)
▪ Adverse impact: disproportional impact on a protected subgroup by
having a KSA (ie: having a HS diploma requirement- effect on Blacks,
Hooters restaurant that only selects females to be servers, so there is an
adverse impact on male applicants); however, if an employer can show
that the selection practices are valid and predictive of future job
performance, then the selection practice is seen as legal and acceptable
even if there is an adverse impact
o Bakke v. UC Regents: reverse discrimination/affirmative action; quotas are illegal
in selection decisions without it being a valid predictor of performance on the
job
▪ Affirmative action: executive order signed by Johnson that stated that
employers must take affirmative action to increase the representation of
women and minorities in under-represented positions; it means that
women and minorities should be selected when they are equally qualified
jo adidates o the ases of thei K“A’s
• Age Discrimination in Employment Act: firm cannot discriminate on the basis of age
(especially for individuals over 40 years old)
o Older people are usually the most highly compensated- companies sometimes
fire their older employees because they want to reduce costs in pay
• Americans with Disabilities Act (ADA): cannot deny employment on the basis on an
idiidual’s disailities; all people ith disailities should e ealuated o the asis of
their ability to perform the essential functions of a job, not based on the basis on
assumptions
o Disability: physical or mental impairment that substantially limits a major life
activity
o Companies must provide reasonable accommodations when requested unless in
the ase of udue fiaial hadship- modified equipment and special access
(removing artificial barriers that impedes on performance for disabled
find more resources at oneclass.com
find more resources at oneclass.com
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UGBA 10 Full Course Notes
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