Chapter 3Learning Objectives

1. Explain how the three branches of government regulate human resource management.

2. Summarize the major federal laws requiring equal employment opportunity.

3. Identify the federal agencies that enforce equal employment opportunity, and describe the role of each.

Chapter 3Learning Objectives (continued)

4. Describe ways employers can avoid illegal discrimination and provide reasonable accommodation.

5. Define sexual harassment and tell how employers can eliminate or minimize it.

6. Explain employer’s duties under the Occupational Safety and Health Act.

Chapter 3Learning Objectives (continued)

7. Describe the role of the Occupational Safety and Health Administration (OSHA).

8. Discuss ways employers promote worker safety and health.

Regulation of Human Resource Management

Major Fair Employment Laws

• Equal Pay Act (1963)

• Civil Rights Act (1964)

• Age Discrimination in Employment Act (1967)

• Americans with Disabilities Act (1990)

• Civil Rights Act (1991)

Government Regulation of EEO

Age Discrimination Complaints, 1994 - 2009

Genetic Information Nondiscrimination Act of 2008 (GINA)

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

• Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories

• Forbids unintentional collection of this data• Forbids harassment of employee because of

genetic information

Exemptions From Antidiscrimination Regulations

• Bona Fide Occupational Qualification (BFOQ)– Suitable defense against a discrimination

charge only where age, religion, sex, or national origin is an actual qualification for performing the job.

• Business Necessity– Work-related practice that is necessary to the

safe and efficient operation of an organization.

Fair Employment Executive Orders and Enforcement Agencies

• Executive Order 11246 (1965)

• Executive Order 11478 (1969)

• EEOC

• OFCCP

Types of Charges Filed with the EEOC

Businesses’ Role in Providing for EEO: Avoiding Discrimination

Disparate Treatment

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

Disparate Impact

• A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

Applying the Four-Fifths Rule

Supreme Court Decisions on Fair Treatment

• Griggs v. Duke Power (1971) – Job related issues

• University of California Regents v. Bakke (1978) – Reverse Discrimination

• Meritor Savings Bank v. Vinson (1986) – redefining sexual harassment

Sexual Harassment

• Definition

Workplace Safety: Occupational Safety and Health Act (OSHA)• Authorizes the federal government to

establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.

• Established the Occupational Safety and Health Administration (OSHA). Responsible for:– Inspecting employers– Applying safety and health standards– Levying fines for violation

OSHA Jurisdiction• 10 Districts

(Eastern districts are smaller as compared to the Western districts)

• At least one field office in each state

Enforcement of the OSHA

• OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations.

• OSHA regulations prohibit notifying employers of inspections in advance.

Workplace Safety: Occupational Safety and Health Act (OSHA)

General Duty Clause

• Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm.

Specific Duties

• Employers must keep records of work-related injuries and illnesses.

• Employers must post and annual summary of these records from February 1 to April 30 in the following year.

Rates of Occupational Injuries and Illnesses

Top 10 Causes of Workplace Injuries

OSHA Inspections

• OSHA review of employer records• Walkaround/inspection tour• Employee interviews• OSHA recommendation or citations

CREATING A HEALTHY WORK ENVIRONMENT

Health ServicesFirst aidMedical diagnosis and treatmentPhysical exams

Employee Assistance Programs

Personal crisesEmotional problemsAlcoholism and drug abuse

Health-ImprovementPhysical fitness programsHealth bonusesWellness programsHelp employees manage stress