Human Resource Management: Gaining a Competitive Advantage Chapter 03 The Legal Environment: Equal Employment Opportunity and Safety McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc All rights reserved Learning Objectives  Identify the three branches of government and the role each plays in influencing HRM legal environment  List major federal laws that require equal employment opportunity (EEO) and the protections provided by each of these laws  Discuss the roles, responsibilities, and requirements of the federal agencies responsible for EEO laws  Identify four theories of discrimination under Title VII of the Civil Rights Act and apply these theories to different discrimination situations 3-2 Learning Objectives, cont  Discuss the legal issues involved with preferential treatment programs  Identify behavior that constitutes sexual harassment and list things than an organization can to eliminate or minimize it  Identify the major provisions of the Occupational Safety and Health Act (OSHA) (1970) and the rights of employees guaranteed by this act 3-3 U.S Legal System Legislative Branch Judicial Branch Executive Branch Branches 3-4 Equal Employment Opportunity (EEO)  EEO– the government's attempt to ensure that all individuals have an equal chance for employment, regardless of race, color, religion, sex or national origin  Constitutional Amendments: 13th Amendment - abolished slavery 14th Amendment – provides equal protection for all citizens and requires due process in state action 3-5 Congressional Legislation  Civil Rights Acts (1866 and 1871)  Equal Pay Act of 1963  Title VII of the Civil Rights Act of 1964  Age Discrimination in Employment Act of 1967  Rehabilitation Act of 1973 3-6 Congressional Legislation Vietnam Era Veteran’s Readjustment Act of 1974 Pregnancy Discrimination Act Civil Rights Act of 1991 Americans with Disabilities Act of 1990 3-7 Disability According to EEOC, a disability is a physical or mental impairment that  “substantially limits one or more major life activity;  a record or past history of such an impairment;  and/or being ‘regarded as’ having a disability by an employer whether you have one or not, usually in terms or hiring, firing or demotion 3-8 Executive Orders Executive Order 11246 Prohibits government contactors from discrimination Executive Order 11478 government employment policies based on merit and fitness 3-9 Enforcement of EEO Two agencies responsible for the enforcement of these laws and executive orders: 3-10 Bona Fide Occupational Qualification (BFOQ) BFOQ is a a job qualification based on race, sex, religion, etc that an employer asserts is a necessary qualification for the job 3-15 Disparate Impact Disparate impact occurs when a neutral employment practice disproportionately excludes a protected group from employment opportunities • Four-fifths rule • Standard deviation rule Wards Cove Packing Co v Antonio Griggs v Duke Power 3-16 Reasonable Accommodation Reasonable Accommodation - places a special obligation on an employer to affirmatively accommodate an individual’s disability or religion Religion and Accommodation Disability and Accommodation 3-17 Retaliation for Participation and Opposition Title VII states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding” related to an alleged illegal employment practice Employees not have an unlimited right to talk about how racist or sexist their employers are 3-18 Diversity and EEO ISSUES Sexual Harassment Affirmative Action and Reverse Discrimination Outcomes of Americans with Disabilities Act 3-19 Sexual Harassment Sexual harassment -unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual, or Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment 3-20 Sexual Harassment Quid Pro Quo harassment  Bundy v Jackson Hostile Working Environment 3-21 Sexual Harassment critical conditions for Sexual Harassment cases: The plaintiff cannot have "invited or incited" the advances Harassment must have been severe The court must determine the liability of the organization for actions of its employees Preventative steps include development of a policy statement, training, a reporting mechanism and disciplinary policy 3-22 Affirmative Action and Reverse Discrimination  Affirmative Action was conceived of as a way of taking extra effort to attract and retain minority employees  Imposed quota programs  The entire debate over affirmative action continues to evoke attention 3-23 Americans with Disabilities Act (ADA) Outcomes Under ADA, a firm must make "reasonable accommodation" to a physically or mentally disabled individual unless doing so would impose "undue hardship.” Consequences of ADA:  Increased litigation  Cases being filed not reflect Congressional intent  Act was passed to protect people with major disabilities  The law has not resulted in a major increase in the proportion of people with disabilities who are working 3-24 Employee Safety  Employee safety is regulated by both federal and state governments  The Occupational Safety and Health Act (OSHA) General Duty Clause 3-25 Employee Rights under OSHA Request an inspection Have a representative present at inspection Have dangerous substances identified Be promptly informed about exposure to hazards and given access to accurate records regarding exposures Have employer violations posted at work-site 3-26 OSHA Inspections Citations and Penalties OSHA inspections are conducted by compliance officers, specially trained Department of Labor agents Violation results in a citation to the employer Criminal and civil penalties 3-27 Safety Awareness Programs Safety Awareness Programs attempt to instill symbolic and substantive changes to a safety program Components of a Safety Awareness Program: Identify and Communicate Job Hazards  Job hazard analysis technique  Technic of Operations Review (TOR) Reinforce Safe Practices Promote Safety Internationally 3-28 Summary  One of HRM’s major challenges is the legal constraints imposed by the government  HR and line managers need to understand legal requirements and prohibitions to manage their businesses in ways that are financially and ethically sound, and in so doing they will also create a competitive advantage 3-29 ... annually audits government contractors 3- 12 Disparate Impact Disparate Treatment Reasonable Accommodation 3- 13 Disparate Treatment Disparate treatment exists when individuals in similar situations... training, a reporting mechanism and disciplinary policy 3- 22 Affirmative Action and Reverse Discrimination  Affirmative Action was conceived of as a way of taking extra effort to attract and... deviation rule Wards Cove Packing Co v Antonio Griggs v Duke Power 3- 16 Reasonable Accommodation Reasonable Accommodation - places a special obligation on an employer to affirmatively accommodate