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HR laws (Perform) Select the correct law based on the following descriptions

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HR laws (Perform)

Select the correct law based on the following descriptions.

Description	Law
This law prohibits age discrimination and restricts mandatory retirement.	Age Discrimination in Employment Act
This law allows people to take up to 12 weeks of unpaid leave to care for themselves or a sick family member.	Family and Medical Leave Act
This law protects workers from a variety of hazards, including exposure to toxic chemicals, excessive noise levels, mechanical dangers, and unsanitary working conditions.	Occupational Safety and Health Act

Points:

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Explanation:

Description	Explanation
This law prohibits age discrimination and restricts mandatory retirement.	Prior to the passage of the Age Discrimination in Employment Act (ADEA), employers could create mandatory retirement ages—often at age 65. The ADEA prohibits an employer from discriminating against people who are 40 or older. It also says that employers may not require retirement at a certain age unless a bona fide occupational qualification (BFOQ) exists. Airlines, for example, can mandate that pilots retire at 65 because of a BFOQ related to reflex speed and visual acuity.
This law allows people to take up to 12 weeks of unpaid leave to care for themselves or a sick family member.	The Family and Medical Leave Act mandates that an employer allow an employee to take up to 12 weeks of unpaid leave to deal with medical issues for themselves and their immediate families. It also allows for time off for childbirth.
This law protects workers from a variety of hazards, including exposure to toxic chemicals, excessive noise levels, mechanical dangers, and unsanitary working conditions.	The Occupational Safety and Health Act (OSHA) regulates everything from the construction industry to your local restaurants. This law established the Occupational Safety and Health Administration, whose inspectors are charged with finding and eliminating unsafe working conditions.

If a discrimination case is to be resolved in favor of the plaintiff, he or she must show the court evidence of:

A charge form

 

An EEO-1 report

 

Adverse impact

A workforce utilization report

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Explanation:

When bringing a discrimination case to court, the plaintiff must be able to show adverse impact: that the defendant acted in a way that treats members of protected classes differently from members of nonprotected classes. EEO-1 reports and workforce utilization studies may help to see if a problem exists, but they are not required by the court in discrimination cases. A charge form is the formal complaint, which is filed before producing evidence of discrimination.

  

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Management at Work

Your good friend Jinjing, an Asian female, recently applied for a job at a biotechnology company. She was disappointed to be turned down for the job, becoming suspicious when a less-qualified Caucasian was hired in her place. After some investigation, Jinjing discovered that 200 Asians applied for the job last year, and 50 were hired. During the same time frame, 400 Caucasians applied, and 200 were hired. Now, Jinjing wants your expert opinion.

After running some numbers, you find that the impact rate at the biotechnology company is1.0  

 . According to the four-fifths rule, adverse impact hasnot occured  

 . You advise Jinjingnot to sue  

 .

 

Points:

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Explanation:

According to the Uniform Guidelines on Employee Selection Procedures, adverse impact occurs when the decision rate for a protected group is less than 4/5 (or 80%) of the decision rate for the nonprotected group. In this case, the rate of selection for the nonprotected class (Caucasian) is 200/400 = 0.50, and the rate of selection for the protected class (Asian) is 50/200 = 0.25. Dividing the selection rate for the protected group by the selection rate for the nonprotected group gives you the impact ratio, which in this case is 0.25/0.50 = 0.50. This rate is less than 0.80, so there is evidence of adverse impact. You should advise your friend to sue.