Human Resource Management: Gaining a Competitive Advantage Chapter The Legal Environment: Equal Employment Opportunity and Safety McGraw-Hill/Irwin Copyright © 2010 by the McGraw-Hill Companies, Inc All rights reserved Learning Objectives After reading Chapter 3, you should be able to: • Identify the three branches of government and the role each plays in influencing the legal environment of HRM • List the major federal laws that require equal employment opportunity and the protections provided by each of these laws • Discuss the roles, responsibilities, and requirements of the federal agencies responsible for enforcing equal employment opportunity laws • Identify the four theories of discrimination under Title VII of the Civil Rights Act and apply these theories to different discrimination situations 3-2 Learning Objectives After reading this chapter, you should be able to: • 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 (1970) and the rights of employees that are guaranteed by this act 3-3 The U.S Legal System Legislative Branch Executive Branch Judicial Branch Branches 3-4 Equal Employment Opportunity • Equal employment opportunity – 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 - forbids states from denying equal protection of the laws 3-5 Congressional Legislation  The Reconstruction Civil Rights Acts (1866 and 1871)  Equal Pay Act of 1963  Title VII of the Civil Rights Act of 1964  The Age Discrimination in Employment Act of 1967  Vocational 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 Executive Orders Executive Order 11246 Prohibits government contactors from discrimination Executive Order 11478 government employment policies based on merit and fitness 3-8 Enforcement of Equal Employment Opportunity Two agencies responsible for the enforcement of these laws and executive orders: Equal Employment Opportunity Commission Office of Federal Contract Compliance Programs 3-9 Equal Employment Opportunity Commission major responsibilities of EEOC: Investigate and resolve discrimination complaints Gather information Issue guidelines Lilly Ledbetter Fair Pay Act 3-10 Disparate Disparate Treatment Treatment 33 Types Types of of Discrimination Discrimination Disparate Disparate Impact Impact Reasonable Reasonable Accommodation Accommodation 3-12 Disparate Treatment Disparate treatment exists when individuals in similar situations are treated differently based upon race, color, religion, sex, national origin, age, or disability status Bona fide occupational qualifications (BFOQ) – UAW V Johnson Controls, Inc – McDonnell Douglas Corp V Green 3-13 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 3-14 Reasonable Accommodation Reasonable Accommodation - places a special obligation on an employer to affirmatively something to accommodate an individual’s disability or religion  Religion and Accommodation  Disability and Accommodation 3-15 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 3-16 Current Issues Regarding Diversity and Equal Employment Opportunity Sexual Harassment Affirmative Action and Reverse Discrimination Outcomes of Americans with Disabilities Act 3-17 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 or 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 – Quid Pro Quo harassment • Bundy V Jackson – Hostile Working Environment 3-18 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 for firms include development of a policy statement, training, development of a reporting mechanism and disciplinary policy 3-19 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 invoke attention 3-20 Americans with Disabilities Act 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  The 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 3-21 Employee Safety Employee safety is regulated by both federal and state governments The Occupational Safety and Health Act (OSHA) – General Duty Clause 3-22 Employee Rights Under OSHA Request an inspection Have a representative present at inspection Have dangerous substances identified By promptly informed about exposure to hazards and be given access to accurate records regarding exposures Have employer violations posted at the work-site 3-23 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 3-24 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 3-25 Summary  One of HRM’s major challenges is within 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 will also have a competitive advantage 3-26 [...]...Office of Federal Contract Compliance Programs (OFCCP) 3 components: 1 Utilization analysis 2 Goals and timetables 3 Action steps The OFCCP annually audits government contractors 3-11 Disparate Disparate Treatment Treatment 33 Types Types of of Discrimination Discrimination Disparate Disparate Impact Impact Reasonable Reasonable Accommodation Accommodation 3-12 Disparate Treatment Disparate treatment exists... rule • Standard deviation rule – Wards Cove Packing Co v Antonio – Griggs V Duke Power 3-14 Reasonable Accommodation Reasonable Accommodation - places a special obligation on an employer to affirmatively do something to accommodate an individual’s disability or religion  Religion and Accommodation  Disability and Accommodation 3-15 Retaliation for Participation and Opposition Title VII states that employers... officers, specially trained Department of Labor agents Violation results in a citation to the employer Criminal and civil penalties 3-24 Safety Awareness Programs Safety awareness programs attempt to instill symbolic and substantive changes to a safety program 3 Components of a Safety Awareness Program: 1 Identify and Communicate Job Hazards • job hazard analysis technique • Technic of Operations Review... 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 invoke attention 3-20 Americans with Disabilities Act 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:... Review (TOR) 2 Reinforce Safe Practices 3 Promote Safety Internationally 3-25 Summary  One of HRM s major challenges is within 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 will also have a competitive advantage 3-26 ... 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 do not have an unlimited right to talk about how racist or sexist their employers are 3-16 Current Issues Regarding Diversity and Equal Employment Opportunity Sexual Harassment Affirmative Action and Reverse... ADA:  Increased litigation  Cases being filed do not reflect Congressional intent  The 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 3-21 Employee Safety Employee safety is regulated by both federal and state governments The Occupational Safety and Health Act (OSHA) – General... treatment exists when individuals in similar situations are treated differently based upon race, color, religion, sex, national origin, age, or disability status Bona fide occupational qualifications (BFOQ) – UAW V Johnson Controls, Inc – McDonnell Douglas Corp V Green 3-13 Disparate Impact Disparate impact occurs when a neutral employment practice disproportionately excludes a protected group from employment... Affirmative Action and Reverse Discrimination Outcomes of Americans with Disabilities Act 3-17 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 1 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, 2 Submission to... cases: 1 The plaintiff cannot have "invited or incited" the advances 2 Harassment must have been severe 3 The court must determine the liability of the organization for actions of its employees Preventative steps for firms include development of a policy statement, training, development of a reporting mechanism and disciplinary policy 3-19 Affirmative Action and Reverse Discrimination Affirmative Action