MGMT-410:HUMAN RESOURCES MANAGEMENT (CH 3)

Chapter 3: Equal Employment Opportunity & Workplace Safety

Legislative branch

creates and passes laws (e.g., Civil Rights Act, ADA)

Executive branch

enforces laws (EEOC, OFCCP)

Judicial branch

interprets laws, hears discrimination cases

Equal Employment Opportunity (EEO)

A concept and principle — the idea that all individuals must have an equal chance for employment regardless of race, color, religion, sex, national origin, age, or disability.

Equal Employment Opportunity Commission (EEOC)

A federal agency created to enforce EEO laws.

Uniform Guidelines on Employee Selection Procedures 

Issue guidelines to help employers follow the law. (EEOC)

Collects hiring/pay data (EEO-1 reports).

Investigates discrimination complaints.

Office of Federal Contract Compliance Programs (OFCCP)

A federal agency (part of the Department of Labor) that enforces Executive Orders 11246 & 11478.

Thirteenth Amendment

Abolished slavery in the United States.

Fourteenth Amendment

Forbids states from depriving life, liberty, or property without due process of law and requires equal protection under the law.

Civil Rights Act (Title VII, 1964)

No discrimination based on race, color, religion, sex, or national origin.

Equal Pay Act (1963)

Requires equal pay for equal work, regardless of gender.

Age Discrimination in Employment Act → ADEA (1967)

Protects workers over 40.

Pregnancy Discrimination Act (1978)

Protects pregnant employees.

Americans with Disabilities Act → ADA (1990)

Requires reasonable accommodations for disabilities.

Civil Rights Act (1991)

Allowed for compensatory and punitive damages in cases of intentional discrimination.

Lilly Ledbetter Fair Pay Act (2009)

Extends the time to file pay discrimination claims.

Executive Order 11246

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

Executive Order 11478

Requires the federal government to base all its employment decisions on merit and fitness (qualifications, not personal characteristics).

Disparate Treatment

That is intentional unequal treatment. Treating people differently based on protected characteristics (race, sex, age, religion, etc.).

Disparate Impact

Neutral policy that unintentionally excludes (e.g., requiring a height minimum that screens out women)

Four-Fifths Rule

Hiring rate of minority group must be at least 80% of the majority group’s rate.

Bona Fide Occupational Qualification (BFOQ)

(legal defense — rare)

Reasonable Accommodation

Employer must adjust workplace so qualified people with disabilities or religious needs can work.

Quid pro quo

Employment benefits tied to sexual favors

Hostile environment

Harassment that interferes with work.

Valuing Diversity

HR should support career development for women, minorities, LGBTQ+.

 Occupational Safety and Health Act (OSHA, 1970)

Inspect employers for safety and health standards; levies fines for violations of standards

General-duty clause

Employers must provide a safe environment

OSHA

 responsible for inspecting businesses, applying safety and health standards, and levying fines for violations. OSHA regulations prohibit notifying employers of inspections in advance.

Employee Rights

•Right-to-know laws

•Material safety data sheets(MSDSs)

Employee Responsibilities

•Follow OSHA’s safety rules governing employee behavior

•Report hazardous conditions in the workplace

Technique of operations review (TOR)

Employers must communicate job hazards and risks to employees effectively

Reinforcing Safe Practices

implement a safety incentive program