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Transcript of 3-1 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Understanding Equal...
3-1
Copyright ©2010 Pearson Education, Inc. publishing
as Prentice Hall
Understanding Equal
Opportunity and The Legal
Environment
Chapter 3
3-2
Copyright ©2010 Pearson Education, Inc. publishing
as Prentice Hall
Chapter 3 OverviewChapter 3 Overview
The Legal Environment Importance of Compliance Challenges of Compliance
Fair Employment Equal Employment Opportunity (EEO) Laws EEO Enforcement and Compliance Other Important Laws Avoiding EEO Pitfalls
Federal LegislationRegulatory Environment
• Age Discrimination in Employment Act
• Americans with Disabilities Act • Black Lung Benefits Act • Consolidated Omnibus Budget
Reconciliation Act • Copeland Act • Consumer Credit Protection Act• Contract Work Hours and Safety
Standards Act • Davis Bacon Act • Drug-Free Workplace Act • Employee Polygraph Protectionn• Employee Retirement Income
Security Act • Energy Employees Occupational
Illness Compensation Program• Equal Pay Act • Executive Order 11246 • Employee Polygraph Protection
• Employee Retirement Income Security Act
• Fair and Accurate Credit Transactions Act
• Fair Credit Reporting Act• Fair Labor Standards Act• Family and Medical Leave Act• Federal Employees' Compensation
Act• Federal Insurance Contributions Act • Federal Mine Safety and Health Act • Health Insurance Portability and
Accountability Act • Immigration Reform and Control• Imigration and Nationality Act • Labor-Management Reporting and
Disclosure Act• Long shore and Harbor Workers'
Compensation Act• Mental Health Parity Act• Migrant and Seasonal Agricultural
Worker Protection Act
• National Labor Relations Act• Newborns' and Mothers' Health
Protection Act • Occupational Safety and Health Act
Rehabilitation Act of 1973, Section 503
• Sarbanes-Oxley Act • Title VII of the Civil Rights Act• Uniform Guidelines on Employee
Selection Procedures • Uniformed Services Employment
and Reemployment Rights • Vietnam-Era Veterans Readjustment
Act • Walsh-Healy Act• Worker Adjustment and Retraining
Notification Act
New and/or Revised:FMLA – January 16, 2009
COBRA – February 17, 2009
Lilly Ledbetter – January 29, 2009
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Understanding the Legal Understanding the Legal EnvironmentEnvironment
Know the law to… Do the right thing Realize the limitations of the HR and legal
HR can’t fix manager’s messes Create a fair and humane environment Limit potential liability and costly lawsuits
3-5
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Challenges to Legal ComplianceChallenges to Legal Compliance
A Dynamic Legal Landscape
The Complexity of Laws
3-6
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as Prentice Hall
Conflicting Strategies for Fair Conflicting Strategies for Fair EmploymentEmployment
3-7
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Equal Employment Opportunity LawsEqual Employment Opportunity Laws
The Civil Rights Acts of 1964 and 1991
The Equal Pay Act of 1963 The Age Discrimination in Employment Act of 1967
The Americans with Disabilities Act of 1990
The Vietnam Era Veterans Readjustment Act of 1974
3-8
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Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964
Employment decisions―not based on: Race, Color, Religion, Sex or National
Origin Protected classes defined
African American, Asian American, Native American, Latinos, and women
Discrimination Disparate treatment Adverse impact
3-9
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Title VIITitle VII ContinuedContinued
Four-fifths rule
Defense of Discrimination Charges Job relatedness BFOQ―Bona Fide Occupational Qualification Seniority Business necessity
3-10
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Title VII ContinuedTitle VII Continued
Title VII and Pregnancy (1978) Sexual Harassment
Quid pro quo (strict liability) Hostile work environment (reasonable care)
3-11
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Manager’s NotebookManager’s Notebook
Reducing Potential Liability for Sexual Harassment: Establish a written policy prohibiting harassment Communicate the policy to employees Train employees in what constitutes harassment Establish an effective complaint procedure Quickly investigate all claims Take remedial action to correct past harassment Make sure that the complainant does not end up
in a less desirable position if transferred Follow up to prevent continuation of harassment
3-12
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How to Handle a Sexual Harassment How to Handle a Sexual Harassment InvestigationInvestigation
Timeliness Documentation Employee agreement Resolution Findings of fact Remedy
3-13
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as Prentice Hall
EEO Laws ContinuedEEO Laws Continued
The Civil Rights Act of 1991 Employer bears burden of proof Prohibits quotas Allows payment of punitive damages
Executive Order 11246 (1965) Prohibits discrimination by govt. and
govt. contractors Required to develop affirmative action
programs
3-14
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EEO Laws ContinuedEEO Laws Continued
The Equal Pay Act of 1963 Same pay to men and women in same job Can pay differently based on quality or
quantity of production Seniority plans exempt Does not prohibit use of merit pay
The Age Discrimination in Employment Act of 1967 Protects employees over age 40
3-15
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EEO Laws ContinuedEEO Laws Continued
Americans with Disabilities Act (1990) Protects those with disabilities
o Physical or mentalo That “impair a major life activity”
Must provide reasonable accommodation for essential job functions
Individual must be otherwise qualified for job
3-16
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Equal Employment Opportunity Laws Equal Employment Opportunity Laws ContinuedContinued
The Vocational The Vocational Rehabilitation Rehabilitation Act of 1973Act of 1973
The Vietnam Era The Vietnam Era Veterans Veterans Readjustment Readjustment Act of 1974Act of 1974
3-17
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EEO Enforcement and EEO Enforcement and ComplianceCompliance
Regulatory AgenciesEqual Employment Opportunity Commission (EEOC)o Process Discrimination complaintso Issue written regulations and guidelineso Collects and disseminates information
Office of Federal Contract Compliance Programs (OFCCP)
o Actively monitors compliance
3-18
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EEO Enforcement and EEO Enforcement and ComplianceCompliance
Affirmative Action Plans Utilization Analysis―compare:
o Organization’s workforce to o Demographic composition of labor force
Establish Goals and Timetables Action Plans
o Decide what steps to take Reverse Discrimination
3-19
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Other Important LawsOther Important Laws
Immigration Reform and Control Act of 1986
Immigration Act of 1990 Drug-Free Workplace Act of 1988 Uniformed Services Employment and
Reemployment Rights Act of 1994
3-20
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Avoiding Pitfalls in EEOAvoiding Pitfalls in EEO
Provide Training Document Decisions Be HonestEstablish a Complaint Resolution Process
Ask Only for Info You Need to Know
3-21
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Summary and ConclusionsSummary and Conclusions
Lawsuits are costly Equal Employment Opportunity Laws
Pertain to both sexes and same sex issues Questions asked must be justifiable by the job
Courts upheld affirmative action complaints To defend a complaint, business must show:
Exercised reasonable care to prevent and correct sexual harassment problems Internal procedures were viable and plaintiff failed to
use them