Chapter 4 - EEO - Part 1_1

Chapter 4 - EEO - Part 1_1 - Employment Law – Part 1...

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Unformatted text preview: Employment Law – Part 1 Employment Law – Part 1 Importance of employment law Importance of employment law 1. 2. 3. When managers ignore the legal aspects of HRM, they risk incurring: Costly and time­consuming litigation Negative public attitudes Damage to their individual careers Thus, knowledge and adherence to employment laws is critical Recent lawsuits Recent lawsuits Wal­Mart gender­discrimination law­suit Boeing, Co. pay discrimination and sexual harassment lawsuit Rio Bravo Cantina in Clearwater, FL, had to award $1.55 million in damages to former employees as a result of sexual harassment Equal Employment Opportunity Equal Employment Opportunity EEO is the “employment of individuals in a fair and nonbiased manner.” More formally, EEO is the treatment of all individuals in all aspects of employment – hiring, promotion, training, etc. – in a fair and nonbiased manner. Historical Perspective Historical Perspective 1. 2. 3. The growth of EEO legislation was brought on by: Changing attitudes toward employment discrimination Published reports highlighting the economic problems of women, minorities, and older workers A growing body of disparate laws and government regulations covering discrimination Title VII of the Title VII of the Civil Rights Act of 1964 By far, the most important and broadest of the anti­discrimination laws This act bars discrimination in all HR activities, including hiring, training, promotion, pay, and benefits. This law protects hourly employees, supervisors, professional employees, managers, and executives from discriminatory practices. Title VII of the Title VII of the Civil Rights Act of 1964 1. 2. 3. 4. 5. Discrimination is prohibited on the basis of: Race, Color, Religion, Gender (Sex), and National origin (a group of people sharing a common language, culture, ancestry, and/or similar social characteristics) Title VII of the Title VII of the Civil Rights Act of 1964 Section 703(a) of Title VII states that: “It shall be unlawful employment practice for an employer: 1. To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin…” Title VII of the Title VII of the Civil Rights Act of 1964 Two very important notes: Nowhere does the law require employers to hire, promote, or retain workers who are not qualified to perform their job duties. In addition, managers can still reward employees differently, provided the differences are not based on one of the protected classes. Title VII of the Title VII of the Civil Rights Act of 1964 This law also established the Equal Employment Opportunity Commission (EEOC) It applies to all private employers in interstate commerce who employ fifteen or more employees for twenty or more weeks per year (and many others…see pg. 91) Title VII of the Title VII of the Civil Rights Act of 1964 1. 2. 3. 4. Employer exclusions: U.S. government­owned corporations Bona fide, tax­exempt private clubs Religious organizations employing people of a specific religion, and Organizations hiring Native Americans on or near a reservation Title VII of the Title VII of the Civil Rights Act of 1964 1. Exemptions to Title VII: Bona fide occupational qualification (BFOQ) Business necessity 1. Examples? Title VII of the Title VII of the Civil Rights Act of 1964 1. Exemptions to Title VII: Bona fide occupational qualification (BFOQ) – One of the protected classes is an actual qualification for performing the job Business necessity – A business practice is necessary to the safe and efficient operation of the organization 1. Title VII of the Title VII of the Civil Rights Act of 1964 Religious preference Managers may have to accommodate an employee’s religion in the specific areas of: 1. Holidays and observances 2. Personal appearance 3. Religious conduct on the job Amendments to CRA of 1964 Amendments to CRA of 1964 Equal Employment Opportunity Act of 1972, which made two changes: 1) Coverage of the act was broadened to include state and local governments and public and private educational institutions 2) It allowed the EEOC to sue employers in court to enforce the provisions of the act Amendments to CRA of 1964 Amendments to CRA of 1964 Civil Rights Act of 1991, which made several changes: 1) The awarding of damages in cases of intentional discrimination or unlawful harassment (compensatory and punitive) 2) Allows juries rather than federal judges to decide discrimination claims 3) Limited damage amounts based on number of employees 4) And several others (pg. 97) Amendments to CRA of 1964 Amendments to CRA of 1964 Compensatory – Payment for future money losses, emotional pain, suffering, mental anguish, etc. Punitive – Payment for engaging in discrimination with malice or indifference to the law Executive Order 11246 Executive Order 11246 This order extends Title VII to government contractors with contracts exceeding $10,000 It also requires contractors employing 50 or more employees with contracts in excess of $50,000 develop affirmative action plans Finally, it also created the Office of Federal Contract Compliance Programs (OFCCP) to ensure EEO in the federal procurement area This act prohibits employers from discriminating against people age 40 or older in any area of employment because of age Covers employers with twenty or more employees, unions with twenty­five or more members, employment agencies, and federal, state, and local governments Age Discrimination in Employment Age Discrimination in Employment Act of 1967 Age Discrimination in Employment Age Discrimination in Employment Act of 1967 What are some examples of age discrimination? 1) Excluding older workers from important work activities 2) Denying older employees job­related education, career development, or promotional opportunities 3) Selecting younger job applicants over older, more qualified candidates 4) Reducing the job duties and responsibilities of older employees 5) Pressuring older employees into taking early retirement 6) Terminating older employees through downsizing Americans with Disabilities Act of Americans with Disabilities Act of 1990 The Vocational Rehabilitation Act of 1973 was a precursor to this act This act prohibits employers from discriminating against individuals with physical and mental handicaps and the chronically ill There is difficulty in determining what exactly a disability is Americans with Disabilities Act of Americans with Disabilities Act of 1990 A disability is: A physical or mental impairment that substantially limits one or more of the major life activities b) A record of such impairment c) Being regarded as having such an impairment a) The act does not cover: 1) Homosexuality or bisexuality 2) Gender­identity disorders not resulting from physical impairment or other sexual­behavior disorders 3) Compulsive gambling, kleptomania, or pyromania 4) Psychoactive substance­use disorders resulting from current illegal use of drugs 5) Current illegal use of drugs 6) Infectious or communicable diseases of public health significance Americans with Disabilities Act of Americans with Disabilities Act of 1990 Americans with Disabilities Act of Americans with Disabilities Act of 1990 The act requires employers to make a reasonable accommodation for disabled people who are otherwise qualified to work, unless doing so would cause “undue hardship” to the employer Reasonable accommodation “includes making facilities accessible and usable to disabled persons, restructuring jobs, permitting part­ time or modified work schedules, reassigning to a vacant position, changing equipment, and/ or expense” “Reasonable” is to be determined according to 1) the nature and cost of the accommodation and 2) the financial resources, size, and profitability of the facility and parent organization Employers cannot use selection procedures that screen out or tend to screen out disabled people, unless the procedure is shown to be job­related Americans with Disabilities Act of Americans with Disabilities Act of 1990 There has been increased litigation with about half of filed complaints being found to be without reasonable cause 2. The kinds of cases being filed are not what Congress intended to protect (non­ hiring, “other,” and back impairment) 3. The act doesn’t appear to have helped the employment status of Americans with disabilities (31% were employed in 1993 vs. 33% in 1986 before passage) 1. Problems with the Americans with Problems with the Americans with Disabilities Act of 1990 Fair Labor Standards Act of 1938 Fair Labor Standards Act of 1938 This act: 1) Set a minimum wage 2) Requires overtime pay (1.5 time) for hours worked over 40 hours in a week 3) Established child labor provisions 4) Jobs covered by the act are called non­ exempt and include most hourly non­ supervisory employees Equal Pay Act of 1963 Equal Pay Act of 1963 This act outlaws discrimination in pay, benefits, and pensions based on the employee’s gender Employers are prohibited from paying employees of one gender at a rate lower than that paid to members of the other gender for doing equal work Equal work means they require substantially the same skill, effort, and responsibility under similar working conditions and in the same establishment Equal Pay Act of 1963 Equal Pay Act of 1963 Exclusions: Seniority 2) Merit 3) Quantity or quality of production 1) This act requires employers to provide employees up to 12 weeks of unpaid leave for: Birth or adoption of a child Care for sick spouse, child, or parent Care for employee’s own serious health problems Covers only businesses with 50 or more employees within 75­mile radius; employees must have worked for over 1 year; top 10% highly paid employees are exempt Family and Medical Leave Act of Family and Medical Leave Act of 1993 Occupational Safety and Health Act Occupational Safety and Health Act of 1970 This act created the Occupational Safety and Health Administration, which develops and enforces mandatory job safety and health standards The main provision of OSHA states that each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm (general duty clause) Employees have the right to: 1. Request an inspection 2. Have a representative present at an inspection 3. Have dangerous substances identified 4. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposures 5. Have employer violations posted at the work site Occupational Safety and Health Act Occupational Safety and Health Act of 1970 OSHA inspections are conducted by specially trained agents of the DOL called compliance officers (show up unannounced, review records, conduct a walk­around, interviews, and closing conference) If a compliance officer believes that a violation has occurred, he or she issues a citation to the employer that specifies the exact practice or situation that violates the act (must post in prominent place) Penalties can range from $1K­$10K per incident and can include criminal penalties Occupational Safety and Health Act Occupational Safety and Health Act of 1970 ...
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