HRM Legal Environment

What is EEO? Be familiar with the various laws and executive orders we discussed that focus on providing this, who falls under each law, and what organizations are supposed to or not to do in relation to the laws.

Equal Employment Opportunity (EEO) - the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, age, disability, or national origin.

- Regulated by the gov't -- laws and amendments created

Civil Rights Act (1866 & 1871)

CRA 1866 - Gave all citizens the same property rights as whites

CRA 1871 - All citizens can sue in federal court if they feel they have been deprived of a civil right

Equal Pay Act (1963)

Men and women who do equal jobs must be paid the same wage.

Title VII of the Civil Rights Act of 1964

Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship

- Applies to organizations that have 15 or more

Age Discrimination in Employment Act

1967 law that prohibits discrimination of employees 40 years and up.

- Makes up most of EEOC complaints

Vocational Rehabilitation Act of 1973

Requires employers to take affirmative action for disabled individuals and encourages employers to hire and accommodate to them.

Vietnam Era Veteran's Readjustment Act of 1974

Employers must take affirmative action in hiring Vietnam War veterans

Pregnancy Discrimination Act

specifically outlaws discrimination on the basis of pregnancy -- views it as a form of sexual discrimination

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Civil Rights Act 1991

Adds compensatory and punitive damages in cases of discrimination under Title VII and ADA.

Uniformed Services Rights Act

Employers must reemploy workers who left jobs to fulfill military duties for up to five years.

Genetic Information Nondiscrimination Act of 2008

Employers may not use genetic information in making decision related to terms, conditions, or privileges of employment

Lilly Ledbetter Fair Pay Act of 2009

Covers not being paid the same as one's co-workers, where the difference is due to race, color, religion, sex, national origin, age, or disability.

Executive Order 11246 (Johnson)

Prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin

Executive Order 11478 (Nixon)

Requires federal government to base all its employment decisions on merit and fitness

What is a protected class?

The group that has historically been discriminated against which a particular law attempts to prevent discrimination against (e.g. women with the equal pay act). Technically, however, a given law protects everyone.

What are some exceptions that allow for differences in pay between men and women?

a. Merit.

b. Seniority.

c. Incentive plans related to quality & quantity of production.

What is retaliation and why are employees protected from it?

Management cannot engage in any punitive actions against employees who elect to exercise their legal right to file claims with any EEO agency.

What is affirmative action and what are the three major components of an affirmative action plan?

Plan must include utilization analysis, goals and timetables, and action steps

What is a disability? A reasonable accommodation?

Reasonable Accommodation - Employer required to do something to enable all otherwise qualified individuals to perform the job

What are the three main components of the CRA of 1991?

What is the difference between actual, compensatory and punitive damages?

What are the limits on punitive damages under this act?

Punitive Damages - damages exceeding simple compensation and awarded to punish the defendant. Includes emotional pain and suffering.

Amount of punitive damages is limited by the act and depends on size of the organization charged with discrimination. Up to $300k

Actual (Compensatory) Damages - refer to the money awarded in a court case to a plaintiff to compensate for damages or other incurred losses, such as injuries.

Who is responsible for providing EEO at the governmental level?

Equal Employment Opportunity Commission (EEOC)

What type of charge is most often filed with the EEOC?

Retaliation

What are the different types of discrimination and the exceptions to each type of discrimination? Be able to use the 4/5ths rule.

Disparate Treatment - Differing treatment of individuals based on the race, color, religion, sex, national origin, age, or disability status

Bona Fide Occupational Qualification - A necessary (not merely preferred) qualification for performing a job

- Defense to Disparate Treatment

- Like Hooters who only hires girls

Disparate Impact - substantial under-representation of protected class members results from employment decisions that work to their disadvantage.

Business Necessity - practice necessary for safe and efficient organizational operations. Must be able to defend the requirement as essential to the performance of the job.

- Defense to Disparate Impact

Four-Fifths Rule - If hiring rate for minority group is less than four-fifths the hiring rate for the majority group, there is evidence of potential discrimination

What is reverse discrimination?

Reverse Discrimination - can't file suit if organization under consent order.

What is sexual harassment? What are the two types?

What should organizations do to prevent it?

Sexual Harassment - Unwelcome advances, requests for sexual favors, and other verbal/physical contact

- Quid Pro Quo - sexual exchange offered/harassment by supervisor specifically

- Hostile Work Environment - exchange/harassment by coworkers

Prevent Through:

- Policies preventing the behavior

- Employee training

- Providing a means for employees to complain about sexual harassment

Be familiar with the Occupational Safety and Health Act and how it is enforced.

OSHA - Authorizes government to establish and enforce occupational safety and health standards

What are the priorities in terms of when OSHA will investigate?

Priority of investigations:

1. Imminent danger.

2. Catastrophes and fatal accidents.

3. Employee complaints.

4. High hazard industries.

5. Follow-up inspections.