Legal_Influences__Handout

Legal_Influences__Handout - Agenda Legal Influences Equal...

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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
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2 Legal Influences Discussion Question Q: Do the requirements for complying with legal mandates limit managerial discretion? A:
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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
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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
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5 Legal Influences Title VII, cont’d 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
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6 Legal Influences “At will” vs. EEO protection “At will” protects employer rights EEO legislation protects employee rights
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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.
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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
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0 5000 10000 15000 20000 25000 30000 Race Sex National Origin Religion Retaliation Age Disability Equal Pay Act 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
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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
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11 Legal Influences Exceptions, cont’d Preferential-treatment systems Affirmative action programs Work-related characteristics that are essential to the job e.g., ability to lift a certain amount of weight
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12 Legal Influences Discrimination Two major theories Adverse/disparate impact Disparate treatment
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13 Legal Influences Theory 1: Adverse/Disparate Impact
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