Ch 11. Managing HR - Ch 11 Managing Human Resource Systems...

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Ch. 11- Managing Human Resource Systems 03/01/2016 11-1. Employment Legislation Employment Law o At-will employment Employers free to hire/fire/discipline for good, bad, or no cause, as long as no laws violated Employees are equally free to accept/quit jobs o Limitations to “at will” doctrine Employment contracts Employee Labor Unions Collective bargaining agreement= a contract between firms and union covering wages, hours, working conditions Texas as a “right to work” state Governmental Laws and Regulations (for employers) Limit “at will” managerial discretion in hiring, promoting, and discharging employees a. Federal Employment Laws Surface-Level Diversity & Employment Law o Civil Rights Act 1964 (Title VII) Federally protected classes: The Big 5 for discriminatory charges Race Color Religion Gender
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National origin Burden of proof is on employer to prove they did not discriminate Title IV of the 1964 Civil Rights Act says that it is legal to hire and employ someone on the basis of sex, religion, or national origin when there is a bona fide occupational qualification (BFOQ) that is “reasonably necessary to the normal operation of that particular business.” Applies to the entire HRM process not just to selection decisions (e.g. hiring and promotion). Strictly monitored by the Equal Employment Opportunity Commission (EEOC). E.g., Baptist church hiring new minister can reasonably specify that being Baptist rather than Catholic is a BFOQ for the position. b. Adverse Impact and Employment Discrimination Disparate treatment ( intentional discrimination) When members of a protected class, despite being qualified, are intentionally not given the same hiring, promotion, or membership opportunities as other employees. Employer’s only defense = BFOQ Disparate/adverse impact ( unintentional discrimination) When members of a protected class are unintentionally harmed or disadvantaged from any employment decision at lower rates than others. Courts and federal agencies use the four-fifths (80%) rule to determine if adverse impact has occurred. Adverse impact occurs if the decision rate for a protected group of people is less than four-fifths of the decision rate for a non-protected group (usually white males) Multiply non-protected decision rate by 0.8 Employer can still demonstrate that a selection procedure or test was valid if it is job-related. Reasonable accommodation as long as it doesn’t put other people at risk. E.g. butt-naked spiritual man who made fire in office cubicle to practice religion, did not stand in court. E.g. man who put up aggressive remarks against LGBT said it was for his religion, did not stand in court.
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