CHAPTER 3:

Legal Issues in Employee Selection

 THE LEGAL PROCESS
• Resolving the Complaint Internally

Grievance system – employees take their complaints to an internal

committee that makes a decision regarding the complaints.

Mediation - employees and the organization meet with a neutral

third party who tries to help the two sides reach a mutually agreed
upon solution.

Arbitration - the two sides present their case to a neutral third party
who then makes a decision as to which side is right.
• If binding arbitration is used, neither side can appeal
the decision. If nonbinding arbitration is used, the
parties can either accept the decision or take the
case to court.
• Filing a Discrimination Charge

• Outcomes of an EEOC Investigation

• Charge does not have merit
• Charge has merit
• Case law is a judicial interpretation of a law and is
important because it establishes a precedent for
future cases.
 DETERMINING WHETHER AN
EMPLOYMENT DECISION IS LEGAL

• A protected class is any group of people for which

protective legislation has been passed. A federally
protected class is any group of individuals specifically
protected by federal law.
• Race
• Color
• Sex
• Natural Origin
• Religion
• Age
• Disability
• Pregnancy
• Vietnam Veteran Status
 BONA FIDE OCCUPATIONAL
QUALIFICATION(BFOQ)
• If a job can be performed only by a person in a particular
class, the requirement is considered a BFOQ. Actually, some
jobs can be performed only by a person of a particular
gender; for instance, only a female can be a wet nurse (a
woman who breast-feeds another woman’s baby), and
only a male can be a sperm donor. However, there are very
few jobs in our society that can be performed only by a
person of a particular race, gender, or national origin.
 ADVERSE IMPACT

• Adverse impact means that a particular employment

decision results in negative consequences more often for
members of one race, sex, or national origin than for
members of another race, sex, or national origin. For
example, an employee-selection requirement of a college
degree would lead to a lower percentage of African
American applicants being hired compared with White
applicants.
• Does the Employment Practice Directly Refer to a Member of a
Federally Protected Class?
• Is the Requirement a BFOQ?
• Has Case Law, State Law, or Local Law Expanded the Definition of Any
of the Protected Classes?
• Does the Requirement Have Adverse Impact on Members of a
Protected Class?
• Was the Requirement Designed to Intentionally Discriminate against a
Protected Class?
• Can the Employer Prove That the Requirement Is Job Related
• Did the Employer Look for Reasonable Alternatives that Would Result in
Lesser Adverse Impact?
• Valid Testing Procedures
• Exceptions
• Bona Fide Seniority System
• National Security
• Veteran’s Preference Rights
 HARASSMENT
• Quid Pro Quo

• Hostile Environment
• Pattern of Behavior
• Based on Gender
• Negative to the Reasonable Person