KEY FEDERAL LEGISLATION LAWSUnit 1 Individual Project

Instructor: Barbara Hawley ChappellMGMT231-1002B-01 Recruitment, Selection, and Records Management

May 2nd 2010

Tina M. Houser

Title VII of the Civil Rights Act of 1964• Amended in 1991• Applies to employers engaged in interstate commerce with 15 or

more employees• Prohibits discrimination in employment in hiring, firing,

compensation and terms, conditions and privileges of employment on the basis of :– Race– Color– Religion– Sex– Pregnancy– National origin

COMPLIANCE with the Law

EEO File Forms

EEO-1: Private Sector EmployersEEO-4: Public Sector Employers

EEO-5: Public SchoolsEEO-6: Colleges and Universities

www.eeoc.gov

The Equal Employment Opportunity Act of 1972

• Designed to ensure fair treatment to everyone without regard to race, religion, color national origin, or sex.

• The goal is to make discrimination in employment illegal.

• Amended the Civil Rights Act of 1964 to include public employees.

Website: http://www.eeoc.gov/

The Civil Rights Act of 1991

• A statute that passed due to a series of U.S. Supreme Court decisions

• Limits the rights of employees who have sued employers for discrimination.

• Provides a right to trial • Emotional damages• Limits the amount that can be award

Website:

http://www.eeoc.gov/laws/statutes/cra-1991.cfm

Age of Discrimination in Employment Act of 1967

Also known as ADEA Who does it cover?/ What does it cover?

– Covers Employers engaged in interstate commerce with 20 or more employees.

– Prohibits employers from lacking to, or refusing to hire, or to relieve of duties, or otherwise discriminate against individuals 40 yrs. of age or older with respect to compensation, terms, conditions, or privileges of employment because of their age.

Website:http://www.eeoc.gov/laws/statutes/adea.cfm

The Americans with Disabilities Act (ADA)

• Prohibits discrimination based on disability within all employment practices.

• Who is protected by the law?– A person with a physical or mental impairment that

substantially limits one or more major life activities.• Walking• Breathing• Seeing• Hearing• Speaking• Learning• Working

The Americans with Disabilities Act (ADA) Continued

Qualified Individual• Someone who satisfies –

– Skill– Experience– Education– Other job-related requirements– With or without reasonable

accommodation can perform essential functions of the job.

Website: http://www.ada.gov/

Reasonable Accommodations

• Reasonable Accommodations may include, but are not limited to:– Making existing facilities used by

employees readily accessible to and used by persons with disabilities

– Job restructuring– Modification to work schedules– Additional unpaid leave– Reassignment to vacant positions– Acquiring or modifying equipment or

devices– Adjusting or modifying exams,

training material, or policies– Providing qualified readers or

interpreters.

The Immigration Reform and Control Act of 1986

• Also known as IRCA• Applies to all employers• Prohibits discrimination in employment toward persons

based on their national origin/U.S. citizenship status.

Website: http://www.uscis.gov/portal/site/uscis/

Wages and HoursThe Fair Labor Standards Act

(FLSA)• The law applies to enterprises that have employees who are engaged in interstate

commerce, producing goods for interstate commerce, or handling, selling or working on goods or materials that have been moved in or produced for interstate commerce.

• The law sets standards for payment of minimum wages, overtime pay, and child labor policies.

• Who’s covered by the law?– Hospitals– Schools for children with mental and physical disabilities/gifted– Preschools, elementary and secondary schools as well as institutions for higher

education– Federal, state and local government agencies

Website: http://www.dol.gov/index.htm

Get a firm grasp on the laws!!

• Today we took a look at a number of the laws within the federal and state.

• They weave their web through policy and procedure, and just when you think you’ve got a full understanding of them, a new twist presents a complicated situation that you will need to assess or the laws could change.

• To perform your job effectively, you must do your part and learn as much as you can about these laws as well as stay up to date with changes.

References• ADA Home Page - ada.gov - Information

and Technical Assistance on the Americans with Disabilities Act. (n.d.). ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act. Retrieved May 2, 2010, from http://www.ada.gov/

• Civil Rights Act of 1991. (n.d.). US EEOC Home Page. Retrieved April 29, 2010, from http://www.eeoc.gov/laws/statutes/cra-1991.cfm

• The U.S. Department of Labor Home Page. (n.d.). The U.S. Department of Labor Home Page. Retrieved April 28, 2010, from http://www.dol.gov/index.htm

• U.S. Department of Labor - Wage and Hour Division (WHD) - Compliance Assistance-Fair Labor Standards Act (FLSA). (n.d.). The U.S. Department of Labor Home Page. Retrieved May 1, 2010, from http://www.dol.gov/whd/flsa/index.htm

• US EEOC Home Page. (n.d.). US EEOC Home Page. Retrieved April 30, 2010, from http://www.eeoc.gov/

• USCIS Home Page. (n.d.). USCIS Home Page. Retrieved April 29, 2010, from http://www.uscis.gov/portal/site/uscis/

• U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Age Discrimination. (n.d.). The U.S. Department of Labor Home Page. Retrieved May 1, 2010, from http://www.dol.gov/dol/topic/discrimination/agedisc.htm