HRM Legal Environment

EEO

Equal Employment Opportunity is the condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin. The government regulates HRM to ensure EEO.

Equal Pay Act (1963)

Men and women in an organization doing the same work must be paid equally. Covers employers engaged in interstate commerce.

Title VII Civil Rights Act of 1964

Prohibits employers from discriminating based on race, color, religion, sex, and national origin. Applies to organizations that employ 15 or more.

Age Discrimination in Employment Act (ADEA)

Prohibits discrimination against workers who are over the age of 40. Age discrimination complaints make up a large percentage of complaints filed with EEOC. Cover employers with 15 or more employees working 20 or more weeks per year, labor unions, and employment agencies.

Pregnancy Discrimination Act (1978)

Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination. Benefits include health insurance, should cover pregnancy and related medical conditions. Covers all employees covered by Title VII.

Americans with Disabilities Act (ADA) of 1990

Protects individuals with disabilities from being discriminated against in the workplace, prohibits discrimination based on disabilities in all employment practices. Covers employers with more than 15 employees.

Civil Rights Act (1991)

Prohibits discrimination (Same as Title VII). Race norming, international employees, burden of proof, reverse discrimination, adds compensatory and punitive damages.

Genetic Information Nondiscrimination Act of 2008

Employers may not use genetic information in making decisions related to terms, conditions, or privileges of employment. Covers employers with 15 or more employees.

Lilly Ledbetter Fair Pay Act of 2009

Covers not being paid the same as one’s coworkers, where the difference is due to race, color, religion, sex, national origin, age, or disability. Redefines the 180 day limit to file with EEOC.

Executive Order 11246 (Johnson)

Prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin. Employers whose contracts meet minimum size requirements must engage in affirmative action.

Executive Order 11478 (Nixon)

Requires the federal government to base all its employment decisions in merit and fitness. Also covers organizations doing at least $10,000 worth of business with the federal government.

What is a protected class? 

A group of people who are protected by law from employment discrimination.

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

Differences in seniority, merit, quantity or quality of production, or any other factor other than sex (such as participating in a training program or working the night shift).

What is retaliation and why are employees protected from it?

When an employer punishes an employee for exercising their legal rights. They are protected to ensure employees can speak up about discrimination or illegal behavior without fear of punishment.

Affirmative Action

Policies or programs where organizations take extra steps to recruit, hire, and promote underrepresented groups to increase diversity and prevent discrimination. Ex. Targeted recruiting, outreach, and training.

Utilization Analysis (major component of an affirmative action plan)

Compare the current workforce to the available labor market, spots underrepresentation.

Goals and Timetables (major component of an affirmative action plan)

Set targets and quotas for improving diversity, establish a timeline to reach those goals.

Action Steps (major component of an affirmative action plan)

Specific actions to fix the gaps, such as targeted recruiting and training programs.

What is a disability?

A physical or mental impairment that substantially limits one or more major life activities.

Reasonable Accommodation

A change or adjustment to a job or work environment that allows a person with a disability to perform the job.

What are the main components of the CRA of 1991?

1. Allows victims of intentional discrimination to recover damages 

2. Permits Jury Trials 

3. Shifts burden of proof (mixed-motive cases)

Punitive Damages

 Payments placed on the defendant by the court to discourage the defendant from continuing the behavior that got them sued in the first place. Amount is limited and depends on the size of the organization.

Actual Damages

Direct financial losses, such as lost wages, or benefits. Payments made to the affected party to compensate them.

Compensatory Damages

Punish employers for malicious or reckless discrimination. Payments made to the affected party to compensate them.

 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 Charges

Disparate Treatment

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

Bona Fide Occupational Qualification (BFOQ)

Exception to Disparate Treatment, Allowed if the characteristic is reasonably necessary to the job. EX. Only female actors for a female role.

Disparate Impact

Unintentional discrimination, a neutral policy that disproportionately affects a protected group. Ex. Strength test that screens out more women. Exception: Business necessity/job relatedness.

Four-Fifths Rule

Compares rate of hiring; not numbers of employees hired. If the hiring rate for minority group is less than four-fifths of the hiring rate for the majority group, there is evidence of potential discrimination.

Hired/Applicants = Percentage (Do for both groups) Put Small over large number to see if less than 0.8.

What is reverse discrimination?

When a member of a majority or historically advantaged group claims they were treated unfairly because an organization favored a minority or underrepresented group.

Sexual Harassment

Unwelcome advances, requests for sexual favors, and other verbal/physical contact is sexual harrasment.

Quid Pro Quo

“This for that”, job benefits are based on sexual favors.

Hostile Work Environment

Unwelcome behavior that creates an intimidating or offensive workplace. Ex. Sexual jokes, comments, images.

What should organizations do to prevent sexual harassment?

Developing and communicating a policy that defines and forbids sexual harassment. Training employees to recognize and avoid this behavior. Providing a means for employees to complain about harassment and be protected.

Occupational Safety and Health Act

Passed in 1970 in response to roughly 15,000 work-related fatalities that had been occurring every year. Authorizes the government to establish and enforce safety and health standards. Enforced through inspections of employers, sets and applies safety and health standards, levies fines for violations of standards. A compliance officer reviews company’s records, officer conducts a “walkaround” tour of the premises, officer conducts employee interviews, officer conducts closing conference with employer and notes violations.

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

1. Imminent danger 

2. Fatalities & Catastrophes 

3. Complaints & referrals 

4. Programmed inspections 

5. Follow-up Inspections