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Preface | |
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Regulatory Impact | |
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Impact of Regulation on Human Resource Practices | |
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Learning Objectives | |
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Opening Scenario | |
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Are Employment Laws Being Broken? | |
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Union v. Nonunion Work Environments | |
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A Brief History of Government Regulation of the Workplace | |
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The First Period of Federal Regulation | |
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The Second Period of Federal Regulation Costs of Compliance | |
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Fines or Loss of Contract | |
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Litigation Costs | |
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Opportunity Costs | |
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Corporate Legitimacy | |
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Government Laws and Regulations | |
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Statutory Law | |
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Classes of Employees Protected by the Act | |
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Administrative Regulations | |
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The Regulatory Agencies | |
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Equal Employment Opportunity Commission | |
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National Labor Relations Board | |
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Occupational Safety and Health Administration | |
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Office of Federal Contract Compliance Programs | |
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Office of Labor Management Standards | |
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Wage and Hour Division | |
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The Federal Judicial System | |
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Federal District Courts | |
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U.S. Courts of Appeal | |
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The Supreme Court | |
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Case Law | |
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Understanding Legal Citations Managing Risk in a Legal Environment | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Notes | |
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Regulation of Equal Employment Opportunity | |
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Equal Employment Opportunity: Regulatory Issues | |
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Learning Objectives | |
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Opening Scenario | |
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The Historical Background of Equal Opportunity | |
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Executive Orders | |
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The Civil Rights Act Of 1964 | |
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The Purpose of Title VII | |
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Employers Covered By Title VII | |
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Employees Not Protected by Title VII | |
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Filing Complaints and Charges | |
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Filing a Charge with the EEOC | |
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Deferral to a State Agency | |
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Timeliness for Compensation Matters | |
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The Lilly Ledbetter Fair Pay Act of 2009 | |
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Investigation Outcomes | |
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No Cause | |
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Dismissal | |
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Reasonable Cause | |
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Conciliation | |
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Litigation | |
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Who Litigates? | |
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Frivolous Appeals | |
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Two Theories of Discrimination | |
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Disparate Treatment Theory of Discrimination | |
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Steps in Conducting Case Analysis | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Intentional Discrimination: Disparate Treatment | |
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Learning Objectives | |
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Opening Scenario | |
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Intentional Discrimination | |
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The Prima Facie Case | |
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Suffering an Adverse Employment Action | |
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Disparate Treatment | |
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Less Qualified Members of the Same Class | |
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Mixed Motive Decisions | |
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Respondent's Rebuttal | |
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BFOQs | |
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Legitimate Nondiscriminatory Reasons | |
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Complaining Party's Rebuttal | |
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Remedies Under Disparate Treatment | |
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Compensatory and Punitive Damages | |
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The Legal Standing of Testers | |
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Retaliation | |
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Common Myths about Title VII | |
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You must hire unqualified protected group members | |
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You cannot discipline or discharge protected group members | |
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You must give preferential treatment to protected group members | |
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You must provide federal equal employment protection to people based on their sexual orientation | |
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White males who are under 40 are not protected by federal law | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Unintentional Discrimination: Disparate Impact | |
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Learning Objectives | |
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Opening Scenario | |
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From Disparate Treatment to Disparate Impact | |
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Disparate Impact | |
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The Griggs Case | |
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Establishing a Prima Facie Case | |
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Determining Statistical Imbalances | |
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Applying the Four-Fifths Rule | |
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The Two or Three Standard Deviation Method | |
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Bottom-Line Statistics | |
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Respondent's Rebuttal | |
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Demonstrating that Disparate Impact Does Not Exist | |
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Other Means of Challenging Statistics | |
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Examining Relevant Labor Markets | |
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Countervailing Statistical Evidence | |
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Stock Analysis | |
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Age Discrimination and Disparate Impact | |
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Outcomes of the Opening Scenario | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Discrimination Based on Sex | |
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Learning Objectives | |
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Opening Scenario | |
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Employment-Related and Other Forms of Sex Discrimination | |
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Overt Sex Discrimination | |
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Employee Discipline | |
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Sex as a BFOQ | |
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Disparate Impact on the Basis of Sex | |
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Sex Stereotyping | |
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Mixed Motives | |
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Remedies for Mixed Motive | |
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Sex-Plus Discrimination | |
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Pregnancy Discrimination | |
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Pay Differentials | |
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Differentiating Benefits on the Basis of Sex | |
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Sexual Harassment | |
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Quid Pro Quo Sexual Harassment | |
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Hostile Environment Sexual Harassment | |
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Employer Liability for Sexual Harassment | |
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Direct v. Vicarious Liability | |
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The Affirmative Defense | |
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Who Is a Supervisor? | |
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Same Sex Sexual Harassment | |
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Sexual Orientation | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Discrimination Based on Religion, Age, and Disability | |
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Learning Objectives | |
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Opening Scenario | |
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Introduction | |
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Religion | |
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Exemptions for Religious Entities | |
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Religious Discrimination | |
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Religious Accommodation | |
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Religious Accommodations and Union Dues | |
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Age Discrimination in Employment | |
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Establishing a Prima Facie Case of Age Discrimination | |
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The Employer's Rebuttal | |
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Age as a BFOQ | |
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The Complaining Party's Rebuttal | |
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ADEA and Disparate Impact | |
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Remedies for ADEA Violations | |
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No Protection for Those under 40 | |
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Protecting Workers with Disabilities | |
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Americans with Disabilities Act | |
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Covered Entities | |
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Reasonable Accommodation | |
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Pre-Employment Medical Inquiries | |
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Direct Threat to Others/Threat to Self | |
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The Americans with Disabilities Amendment Act of 2008 | |
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Confidentiality of Medical Information | |
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Drug Testing Rehabilitation and the ADA | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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National Origin Discrimination and Immigration Issues | |
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Learning Objectives | |
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Opening Scenario | |
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National Origin | |
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Language | |
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Accents | |
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Proficiency in Languages Other than English | |
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English-Only Work Rules | |
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Immigration Issues and National Origin | |
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Foreign Employers in the United States | |
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Foreign Employees Working in the United States | |
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American Employers Overseas | |
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The Immigration Reform and Control Act of 1986 | |
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E-Verification | |
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Penalties for Failure to Verify | |
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Inpatriation | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Affirmative Action | |
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Learning Objectives | |
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Opening Scenario | |
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The History of Affirmative Action | |
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Arguments Supporting Affirmative Action | |
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Arguments against Affirmative Action | |
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Involuntary v. Voluntary Affirmative Action | |
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Voluntary Affirmative Action | |
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Consent Arrangements | |
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Eligibility for Federal Contracts | |
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Voluntarily Initiated Programs | |
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Permissible Affirmative Action Plan Criteria | |
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Justifying the Affirmative Action | |
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Unnecessarily Trammeling Interests | |
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Absolute Bars | |
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Affirmative Action Must Be Temporary | |
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Permissible Affirmative Action in the Public Sector | |
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Developing An Affirmative Action Plan | |
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Utilization Analysis | |
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Goals and Timetables | |
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Developing an Action Plan | |
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Additional Reporting Requirements | |
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Compelling Government Interest | |
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Narrowly Tailored Programs | |
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Avoiding Reverse Discrimination | |
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Recent Developments and Confusion | |
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Practical Application | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Regulation of Employee Relations | |
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Compensation: Wage, Hour, and Related Statutes | |
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Learning Objectives | |
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Opening Scenario | |
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The Fair Labor Standards Act | |
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Covered Employers and Employees | |
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Minimum Wage | |
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Nonexempt Employees | |
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Exempt Employees | |
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Other Minimum Wage Issues | |
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Compensable Time | |
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Child Labor Limitations | |
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Record Keeping | |
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Remedies and Penalties | |
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Myths about the FLSA | |
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Other Federal Compensation Laws | |
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Davis-Bacon Act of 1931 | |
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Walsh-Healy Act of 1936 | |
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McNamara-O'Hara Service Contract Act of 1965 | |
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Worker Adjustment and Retraining Notification Act of 1988 | |
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Employee Polygraph Protection Act of 1988 | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Compensation: Benefits | |
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Learning Objectives | |
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Opening Scenario | |
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Historical Perspective on Employee Benefits | |
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Overview of the Regulation of Employee Benefits | |
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Mandatory and Voluntary Benefits | |
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Regulation of Mandatory Benefits | |
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Regulation of Voluntary Health Benefits | |
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Consolidated Omnibus Reconciliation Act of 1985, as Amended | |
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Covered Employers and Plans | |
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Qualifying Events for COBRA | |
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Duration of Continued Coverage | |
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Paying for the Coverage | |
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Health Insurance Portability and Accountability Act of 1996 | |
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Regulation of Voluntary Retirement Benefits | |
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Employee Retirement Income Security Act of 1974 | |
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Retirement Plans Not Covered by ERISA | |
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Summary of ERISA's Major Provisions | |
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Older Workers Benefit Protection Act of 1990 | |
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The Uniformed Services Employment and Reemployment Rights Act | |
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Independent Contractors and Employee Benefits | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Laws Affecting Workplace Health and Safety | |
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Learning Objectives | |
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Opening Scenario | |
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Historical Overview of Workplace Safety | |
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Exclusivity Principle | |
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Compensable Injuries and Illnesses | |
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Workers' Compensation | |
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Controlling Workers' Compensation Costs | |
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Employer Common Law Defenses | |
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Mandatory v. Voluntary Participation | |
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Worker's Compensation Benefits | |
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The Occupational Safety and Health Act | |
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The Occupational Safety and Health Administration (OHSA) | |
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OSHA Inspections and Outcomes | |
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Challenging OSHA Citations | |
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OSHA Standards | |
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OSHA Inspections | |
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State Regulation of Workplace Safety | |
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Second-hand Smoke in the Workplace | |
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Workplace Violence | |
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Carpal Tunnel Syndrome and Other Musculoskeletal Disorders | |
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Work-Related Emotion Stress Disorders | |
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Sick Building Syndrome | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Employment-at-Will, Employee Discipline, and Negligent Hiring Issues | |
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Learning Objectives | |
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Opening Scenario | |
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Employment-at-Will | |
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Contractual Exceptions to EAW | |
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Explicit Contracts | |
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Implied Contracts | |
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Ensuring Due Process | |
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Substantive v. Procedural Due Process | |
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Conducting In-House Investigations | |
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Negligent Hiring and Misrepresentation | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Privacy and Recent Developments in Employment Regulation | |
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Learning Objectives | |
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Opening Scenario | |
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Privacy Issues | |
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Disclosure of Employee Information | |
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Invasion of Privacy and Defamation | |
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Employee Privacy in a Work Setting | |
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Telephone Monitoring | |
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Computer and Email Monitoring | |
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Video Monitoring | |
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Workplace Search and Seizure | |
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DNA Testing | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Regulatory Mechanics | |
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Job Analysis: The Foundation of Employment Decision Making | |
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Learning Objectives | |
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Opening Scenario | |
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Information Provided by Job Analysis | |
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Determining Essential and Nonessential Job Functions | |
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Employment-Related Uses of Job Analysis | |
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Other Uses of Job Descriptions | |
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Why Job Analysis Does Not Provide an Adequate Defense | |
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Why Organizations Do a Poor Job of Job Analysis | |
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The Job Analysis Process | |
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Planning for Job Analysis | |
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Preparing for Job Analysis | |
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Conducting the Job Analysis | |
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Develop Job Descriptions, Specifications, and Performance Standards | |
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Prepare the Finalized Job Descriptions, Specifications, and Performance Standards | |
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Monitoring and Keeping Job descriptions, Specifications, and Performance Standards Current | |
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Traditional Approaches To Job Analysis | |
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Observation | |
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Interviews | |
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Questionnaires | |
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Competency-Based Job Analysis | |
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Legal Challenges to Job Analysis | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Case | |
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Notes | |
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Establishing Job-Relatedness: Validation | |
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Learning Objectives | |
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Opening Scenario | |
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Job-Relatedness/Business Necessity | |
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Employment Testing | |
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Validation Studies | |
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Content Validity | |
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Construct Validity | |
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Criterion-Related Validation | |
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Predictive v. Concurrent Validation | |
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Correlation of Prediction and Criterion Variables | |
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Rules of Thumb for Correlations | |
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A Scenario to Demonstrate Validation | |
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Tests of Significance | |
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Other Methods of Validation | |
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The Complaining Party's Rebuttal | |
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Performance Appraisals and Employment Discrimination | |
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Summary | |
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Key Terms and Concepts | |
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Discussion Questions | |
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Cases | |
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Notes | |
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Glossary | |
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About the Authors | |
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Index | |