Legal Influences, Handout

Legal Influences, Handout - Legal Influences n Equal...

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11 Legal Influences n Equal employment opportunity ¡ Civil Rights Act of 1964 ¡ Discrimination: Meaning and measurement ¡ Other major EEO legislation n Affirmative action ¡ Relevance and relation to EEO n Sexual harassment ¡ Implications and actions ¡ Guidelines n Family Medical Leave Act of 1993
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22 Discussion Question n Q: Do the requirements for complying with legal mandates limit managerial discretion?
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33 How do companies to get into legal trouble? n Mistreatment/discrimination n Lack of policies or failure to follow policies n Failure to keep accurate records n Making changes in an employment situation without proper notification n Retaliation
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44 Title VII, Civil Rights Act of 1964 n Prohibits discrimination with regard to any employment condition on the basis of race, color, religion, gender, or national origin n 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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55 Title VII, cont’d n Private membership clubs, Native American tribes, and religious organizations are not covered n Many other categories are included in various federal, state, and local laws ¡ e.g., disability, age, sexual preference, marital status, etc. n Title VII represents the biggest exception to “at will” employment
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66 “At will” vs. EEO protection n “At will” protects employer rights n EEO legislation protects employee rights
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77 “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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88 EEOC n Federal agency responsible for the enforcement of EEO legislation ¡ key player in the adjudication (i.e., investigation and resolution) process ¡ gathers information n conducts audits ¡ develops employment guidelines n Uniform Guidelines on Employee Selection Procedures
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EEOC Charge Statistics 99
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1010 Exceptions to Title VII n “Bona fide occupational qualification” ¡ A class characteristic that is an employment requirement n Essence of business n Authenticity n Seniority systems ¡ If not created to discriminate
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1111 Exceptions, cont’d n Preferential-treatment systems ¡ Affirmative action programs n Work-related characteristics that are essential to the job ¡ e.g., ability to lift a certain amount of weight
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1212 Discrimination n Two major theories ¡ Adverse/disparate impact ¡ Disparate treatment
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1313 Theory 1: Adverse/Disparate Impact
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1414 Griggs v. Duke Power Co. n
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Legal Influences, Handout - Legal Influences n Equal...

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