Legal_Influences__Handout - 1 Legal Influences Agenda Legal...

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Unformatted text preview: 1 Legal Influences Agenda Legal Influences Equal employment opportunity Civil Rights Act of 1964 Discrimination: Meaning and measurement Other major EEO legislation Affirmative action Relevance and relation to EEO Sexual harassment Implications and actions Guidelines Family Medical Leave Act of 1993 2 Legal Influences Discussion Question Q: Do the requirements for complying with legal mandates limit managerial discretion? A: 3 Legal Influences How do companies to get into legal trouble? Mistreatment/discrimination Lack of policies or failure to follow policies Failure to keep accurate records Making changes in an employment situation without proper notification Retaliation 4 Legal Influences Title VII, Civil Rights Act of 1964 Prohibits discrimination with regard to any employment condition on the basis of race, color, religion, gender, or national origin Applies to Private employers with 15 or more employees involved in interstate commerce Federal, state and local governments Employment agencies Labor organizations 5 Legal Influences Title VII, contd Private membership clubs, Native American tribes, and religious organizations are not covered Many other categories are included in various federal, state, and local laws e.g., disability, age, sexual preference, marital status, etc. Title VII represents the biggest exception to at will employment 6 Legal Influences At will vs. EEO protection At will protects employer rights EEO legislation protects employee rights 7 Legal Influences At will Policy This Handbook is not a contract or a promise of continued employment. Consequently, this Handbook does not alter, amend, or change in any way your status as an at will employee. As an at-will employee you are free to resign at any time, with or without notice. Of course, [the company] has the same right, and can terminate your employment at any time for any reason. 8 Legal Influences EEOC Federal agency responsible for the enforcement of EEO legislation key player in the adjudication (i.e., investigation and resolution) process gathers information conducts audits develops employment guidelines Uniform Guidelines on Employee Selection Procedures 0 5 0 0 0 1 0 0 0 0 1 5 0 0 0 2 0 0 0 0 2 5 0 0 0 3 0 0 0 0 R a c e S e x N a tio n a l O rig in R e lig io n R e ta lia tio n A g e D is a b ility E q u a l P a y A c t EEOC Charge Statistics Factoid: The number of claims for FY 2007 is expected to be about 10% greater than for FY 2006 2004 2005 2006 10 Legal Influences Exceptions to Title VII Bona fide occupational qualification A class characteristic that is an employment requirement Essence of business Authenticity Seniority systems If not created to discriminate 11 Legal Influences Exceptions, contd Preferential-treatment systems Affirmative action programs...
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This note was uploaded on 03/04/2008 for the course H ADM 211 taught by Professor Sway during the Spring '07 term at Cornell University (Engineering School).

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Legal_Influences__Handout - 1 Legal Influences Agenda Legal...

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