Chapter 3 Job related: The extent to which a test or measure taps a
LEGAL ISSUES IN EMPLOYEE SELECTION knowledge, skill, ability, behavior, or other characteristic
needed to successfully perform a job.
The Legal Process
To know whether a given employment practice Types of Harassment:
is legal, it is important to understand the legal Quid pro quo: A type of sexual harassment in which the
process as it relates to employment law. granting of sexual favors is tied to an employment
decision.
Resolving the Complaint Internally Hostile environment: A type of harassment
Alternative Dispute Resolution (ADR) characterized by a pattern of unwanted conduct related
to gender that interferes with an individual’s work
Grievance system: A process in which an employee performance.
files a complaint with the organization and a person or
committee within the organization makes a decision
regarding the complaint. Qualified workforce: The percentage of people in a
Mediation: A method of resolving conflict in which a given geographic area who have the qualifications
neutral third party is asked to help the two parties reach (skills, education, etc.) to perform a certain job.
an agreement.
Arbitration: A method of resolving conflicts in which a
neutral third party is asked to choose which side is
correct.
Binding arbitration: A method of resolving
conflicts in which a neutral third party is asked
to choose which side is correct and in which
neither party is allowed to appeal the decision.
Nonbinding arbitration: A method of resolving
conflicts in which a neutral third party is asked
to choose which side is correct but in which
either party may appeal the decision.
Case law: The interpretation of a law by a court through
a verdict in a trial, setting precedent for subsequent court
decisions.
Determining Whether an Employment Decision Is
Legal
Protected class: Any group of people for whom
protective legislation has been passed.
Bona fide occupational qualification (BFOQ)
A selection requirement that is necessary for the
performance of job-related duties and for which
there is no substitute.
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.