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Human Resource ManagementGaining a Competitive Advantage

Chapter 3

The Legal Environment: Equal Employment Opportunity and Safety

McGraw-Hill/Irwin Copyright © 2008 by The McGraw-Hill Companies, All Rights Reserved.

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Learning Objectives

After reading this chapter, you should be able to:• Identify the three branches of government and the role

each plays in influencing the legal environment of human resource management.

• List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

• Discuss the roles, responsibilities, and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

• Identify the four theories of discrimination under Title VII of the Civil Rights Act and apply these theories to different discrimination situations.

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Learning Objectives

After reading this chapter, you should be able to:• Discuss the legal issues involved with preferential

treatment programs.• Identify behavior that constitutes sexual harassment and

list things than an organization can do to eliminate or minimize it.

• Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act.

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The Legal System in the United States

Executive Branch Judicial Branch

Legislative Branch

ThreeBranches

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Equal Employment Opportunity

• Equal employment opportunity – the government's attempt to ensure that all individuals have an equal chance for employment, regardless of race, color, religion, sex, or national origin.

• Constitutional Amendments:– 13th Amendment - abolished

slavery– 14th Amendment - forbids states

from denying equal protection of the laws

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Congressional Legislation

• The Reconstruction Civil Rights Acts (1866 and 1871)

• Equal Pay Act of 1963

• Title VII of the Civil Rights Act of 1964

• The Age Discrimination in Employment Act of 1967

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Congressional Legislation

• Vocational Rehabilitation Act of 1973

• Vietnam Era Veteran’s Readjustment Act of 1974

• Pregnancy Discrimination Act

• Civil Rights Act of 1991

• Americans with Disabilities Act of 1990

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Executive Orders

Executive Order 11246 - Prohibits government contactors from discrimination

Executive Order 11478 - government employment policies based on merit and fitness

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Enforcement of Equal Employment Opportunity

Two agencies responsible for the enforcement of these laws and executive orders:

Equal Employment Opportunity Commission

Office of Federal ContractCompliance Programs

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Equal Employment Opportunity Commission

• Three major responsibilities:– Investigating and resolving

discrimination complaints– Gathering information– Issuing guidelines

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Office of Federal Contract Compliance Programs

• Three components:– Utilization analysis– Goals and timetables – action steps

• The OFCCP annually audits government contractors.

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Types of Discrimination

• Disparate treatment• Disparate impact• Reasonable accommodation

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Disparate Treatment

• Disparate treatment exists when individuals in similar situations are treated differently based upon race, color, religion, sex, national origin, age, or disability status.–Bona fide occupational

qualifications (BFOQ)–McDonnell Douglas Corp v.

Green

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Disparate Impact

• Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.– Four-fifths rule– Standard deviation rule– Wards Cove Packing Co. v. Antonio

– Griggs v. Duke Power

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Reasonable Accommodation

• Reasonable Accommodation - places a special obligation on an employer to affirmatively do something to accommodate an individual’s disability or religion.– Religion and Accommodation– Disability and Accommodation

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Retaliation for Participation and Opposition

• Title VII states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding,” related to an alleged illegal employment practice.

• However, employees do not have an unlimited right to talk about how racist or sexist their employers are.

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Current Issues Regarding Diversity and Equal Employment Opportunity

Sexual Harassment

Affirmative Action andReverse Discrimination

Outcomes of Americanswith Disabilities Act

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Sexual Harassment

• Sexual harassment refers to unwanted sexual advances.–Quid pro quo harassment

• Bundy v. Jackson

–A hostile working environment• Ron Clark Ford of Amarillo, TX, and

Babies ‘R’ Us

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Sexual Harassment

• Three critical conditions for Sexual Harassment cases:– The plaintiff cannot have "invited or incited" the

advances

– Harassment must have been severe

– The court must determine the liability of the organization for actions of its employees

• Preventative steps for firms include development of a policy statement, training in inappropriate behaviors, development of a reporting mechanism, and disciplinary policy.

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Affirmative Action and Reverse Discrimination

• Affirmative Action was conceived of as a way of taking extra effort to attract and retain minority employees.

• Imposed quota programs• The entire debate over

affirmative action continues to invoke attention.

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Outcomes of the Americans with Disabilities Act

• Under ADA, a firm must make "reasonable accommodation" to a physically or mentally disabled individual unless doing so would impose "undue hardship.”

• Consequences of this act:– Increased litigation– Cases being filed do not reflect Congressional

intent– The act was passed to protect people with major

disabilities– The law has not resulted in a major increase in the

proportion of people with disabilities who are working.

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Employee Safety

• Employee safety is regulated by both the federal and state governments.

• The Occupational Safety and Health Act (OSHA) – The General duty clause

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Employee Rights Under OSHA

Employees have a right to:1. Request an inspection. 2. Have a representative present at an inspection. 3. Have dangerous substances identified. 4. By promptly informed about exposure to hazards and be given access to accurate records regarding exposures. 5. Have employer violations posted at the work-site.

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OSHA Inspections, Citations, and Penalties

• OSHA inspections are conducted by specially trained agents of the Department of Labor called compliance officers.

• Violation results in a citation to the employer

• Criminal and civil penalties

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Safety Awareness Programs

• Safety awareness programs attempt to instill symbolic and substantive changes to a safety program.

• There are three primary components of a safety awareness program:– Identifying and Communicating Job Hazards

• job hazard analysis technique • Technic of Operations Review (TOR) Reinforcing

Safe Practices

– Promoting Safety Internationally