EEOCC

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EEOC Test Prep
oscar.mariona
Flashcards by oscar.mariona, updated more than 1 year ago
oscar.mariona
Created by oscar.mariona almost 9 years ago
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Amendment, December 15, 1791, no person should be compelled to be a witness against themselves, be subject to double jeopardy for the same offense, nor be deprived of life, liberty, or property, without due process. The 5th Amendment
Amendment July 9, 1868 for former citizenship to former slaves or people in the previous conditions of servitude. It states " Nor shall any State deprive any person of life Liberty or property without due process" because of their previous status of servitude The 14th amendment
Amendment December 6 1865 abolished slavery The 13th amendment
Amendment February third 1870, allow citizens to vote without regard to race Color or previous condition of servitude. It should be noted that women were not allowed to vote at this time The 15th amendment
Both of these Acts are found in title 42 of the United States codes. The Act states the following." All persons born in the United States could make and enforce contracts, to sue, be parties, and get evidence, to inherit, purchase, lease, sale, hold and convey real and personal property, to like punishment, pains, and penalties, internal other, any law, statute, ordinance, regulation, The civil rights act of 1866 and 1871
What occurs when the application of a facially neutral employment criterion which has the effect of disadvantaging a certain protected class or glasses under the discrimination acts. Disparate Impact Theory
This occurs whenever similarly situated individuals are treated differently due to a Title VII protected category as compared to someone similarly situated in a separate protective category in an employment situation Disparate treatment Theory
What are the key theories in EEO 1.Desperate Impact 2. Disparate Treatment 3. Reasonable Accommodations 4. Harassment
What EEO case law demonstrates the desperate impact theory Griggs vs. Duke Power The employer adopted a policy requiring in high school diploma alternative and passing score and standardize general intelligence test these tests were demonstrated then they were not related to successful job performance
What EEO case law demonstrate disparate treatment theory. The McDonnell–Douglas vs. Green In this case the individuals was laid off and when he reapplied he was not given the opportunity of a job because his affiliation in a particular group.
What is the purpose of the EEO complaint process? The purpose of the EEO complaint process is to provide an administrative process for accepting, investigating,, resolving and if necessary adjudicating complaints of discrimination involving federal employees, or applicants for employment
What are some typical matters of employment related issues/Personnel actions? 1. non-selection 2. performance appraisal 3. performance award 4. adverse performance appraisal 5. Disciplinary actions 6. Disability/reasonable accommodations 7.Harassment
What are the qualities of an effective EEO counselor? Empathy Objectivity Perceptiveness Resourcefulness Flexibility Stability Maturity Honesty
Is used to determine categories four jobs to ensure equal work For equal pay dependent on the level of difficulty responsibilities ETC. It also determines if a certain position Falls under the fair labor standards act Civilian personnel management Position classification (General schedule)
The following is used to hire and personnel -Recruit, Select, and advance personnel based on merit -Treat applicants/employees fairly regardless of race color religion sex national origin age disability marital status political group affiliation -Equal pay equal work recognize for performance Merit system principles
Employee accuracy Employee performance Volume of work Length of service These are factors not considered in classifying positions.
Promotions – permanent and temporary Reassignments Demotions Details/competitive or noncompetitive These are filling positions using Internal Selection
Reinstatment other locations within the same agency transfer to other agency OPM registers alternate certification external selections
Verbal or physical conduct isolates, denigrate, or shows hostility or aversion Toward an individual based on that person's protected group What is harassment
These are affects of: Financial costs Decrease productivity Lower morale Increased employee turnover Lost all credibility Negative effects of harassment
Race, sex, National origin, color, religion, disability, age, reprisal Prohibited discriminatory basis
A. Not identifying all claims In a complaint B. not specifying a bases to a specific claim C. not clearly stating a claim D. Setting me prior so that's a claim or issue yet not defining it E. Including background information in the claim These are pitfalls in framing claims
Resolution is the best outcome when freely arrived by old parties. Easier to comply with terms of resolution. More amicable returned to working relationship. Focusing out on mission accomplishment rather than complaint. Not always possible. These are: Philosophical reasons for resolution
Settlements are considered no-fault. Therefore, the organization is relieved of any responsibility of wrongdoing. Minimize potential cost, as it grows with time. It's an opportunity to get the unpleasant experience over. These are reasons for: management interest in resolution
What are the two resolution approaches during the pre-complaint process? 1. Fact driven resolution 2. The mediation approach
Provide factual information Counselors report is simple Chronological and factual Drawls no conclusion and makes no judgments These are principles of report writing
Every employee has the right to pursue the complaint process. They also have the right for prompt and efficient processing of their complaint. It gives the agency notice of the employees claim. Assist the employee in defining the complaint against the agency. Attempt informal resolution of the complaint This is thePurpose of an EEO inquiry
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