HRM Lec 456 Legal FramWork

8/10/2019 HRM Lec 456 Legal FramWork

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Farhan Mir

2011 IMS

Human ResourceManagement

MBA (I) 2nd

& BBA-IT 6th

Equal Employment Opportunity & Legal

Environment

Lectures 4,5,6

Course Lecturer: Farhan Mir


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Introduction

Equal employment opportunity(EEO) has implications for almostevery activity in HRM

HR officials and managers in everyfunction of the organization areinvolved

EEO programs are implementedto:

Prevent employment discrimination

in the workplaceTake remedial action to offsetemployment discrimination


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Introduction

Equal Employment Opportunity

An attempt to ensure that all individuals have an equalopportunity for employment, regardless of race, color,religion, sex, age, disability or national origin

US governments have used constitutionalamendments, legislation and executive orders toensure this concepts positively adopted and practicedin businesses


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Introduction

Top managers must getinvolved in EEO issuesand programs

Operating managers

must assistAttitude changes aboutprotected-categoryemployees

Help all employees adjustto changes EEO brings tothe workplace


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

How Did EEO Emerge?

Three main factors that led to thedevelopment of EEO:

1. Changes in societal values

2. The economic status of women and

minorities

3. The emerging role of government

regulation


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Problems at Boeing

Boeing

Introduction

Boeing is the world's leading aerospace company

and the largest manufacturer of commercial jetlinersand military aircraft combined

customers in 145 countries around the world

Famous for its 737 and 747 aircrafts

Boeing has a long tradition of aerospace leadershipand innovation

Headquartered in Chicago, Illinois, U.S.A., Boeingemploys more than 155,000 people in some 67countries


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2007 IMS

Farhan Mir

2011 IMS


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Problem at BoeingThe Problem

Although facing stiffer competition from outside by companieslike Airbus but at this moment we are discussing InternalProblem based on ethics

Boeing has faced many discrimination complaints

For Example: 38 females engineers filed a discrimination caseagainst company in year 2000

The case suggested that woman were paid less as comparedto men especially at start of their jobs

Business Week investigated into the matter and found thatthis differences in pay was not a new phenomenon ratherwas evident in past

Salary Analysis in 1999 showed that Boeing needed to

allocated $30 million to eliminate gender-based paydifferences but rather allocated $10 million only

The Lawsuit (case) was based on 28000 potential plaintiffsand liability of $1 Billion

Boeing people themselves believe that something generallynot right about the way they are doing it


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

What is Discrimination?

In general terms, discrimination is any practicethat makes distinctions between individuals orgroups that disadvantage some and advantageothers.

Different treatment of others based solely on theirmembership in a socially distinct group orcategory, such as race, ethnicity, sex, religion,

age, or disability


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

What is Discrimination?


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Common Examples ofDiscrimination


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Discrimination and the Courts

Plaintiff (Employee)

Must establish a prima facie case

Plaintiff must present evidence which makes

the employers actions appear discriminatory

Defendant (Employer)

Must present a rebuttal to prima facie case

Defendant must present evidence thatjustifies the fairness of its actions


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Equal Employment OpportunityLaws in US

Title VII of the 1964 Civil Rights Act

Pregnancy Discrimination Act of 1978

Civil Rights Act of 1991Equal Pay Act of 1963

Age Discrimination in Employment Act of

1967 (ADEA)Americans with Disabilities Act of 1990(ADA)


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Title VII of the Civil Rights Act of1964

Prohibits discrimination against employeeson the basis of (protected categories):

race

color

religion

sex

national origin

Prohibits discrimination with regard to anyemployment condition


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Title VII of the Civil Rights Act of1964 (continued)

Covered entities include:

Private employers with 15 or more employees

Labor organizations with 15 or more members

Employment agenciesFederal, state, and local government employers

Exempt entities include:

Private membership clubs

Native American tribes


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Discrimination

DisparateImpact

Four-fifthsRule

Retaliation

DisparateTreatment

Bona Fide

OccupationalQualification(BFOQ)


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Disparate Treatment

Intentional discrimination

Employers apply different standards ortreatment to different groups of employees

or applicants based upon a protectedcategory


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Disparate Impact

Unintentional discrimination

Occurs when a racially neutral employmentpractice has the effect of disproportionately

excluding a group based upon a protectedcategory


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Bona Fide OccupationalQualification (BFOQ) (1 of 2)

Title VII states that organizations may hireemployees:

based upon religion, sex, or national origin

must be reasonably necessary to the normaloperation of the particular business orenterprise


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Retaliation

Federal EEO laws prohibit retaliationagainst employees who:

oppose discriminatory practices, or

participate in a protected investigation,proceeding, or hearing

Retaliation includes:

terminationdenial of promotion or job benefits

demotion, suspension, or threats


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Sexual Harassment

Considered a form of sex discrimination under Title VII ofthe Civil Rights Act of 1964

is actionable when it occurs between sameas well as oppositesex individuals

Forms of sexual harassment:Quid pro quoexchange of sexual favors for job benefits

Hostile work environmentcreation of an offensive workingenvironment

Famous example of FBI (supposedly male dominantdepartment: a certain image of it)

Females have reported cases of sexual harassment and thereforeare often retaliated


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Pregnancy Discrimination Act of1978

Amended Title VII to protect pregnant womenfrom employment discrimination

Prohibits employers from discrimination in

providing employee benefits such as:vacation timesick leave

health insurance

Pregnancy to be treated on same basis as anyother medical problem or disability


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Civil Rights Act of 1991

Amends Title VII

Allows plaintiffs to seek compensatory andpunitive damages for intentional

discriminationAllows plaintiffs to demand jury trial forintentional discrimination claims


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Civil Rights Act of 1991

Prohibits adjusting test scores or usingdifferent cutoff scores on the basis of aprotected category

Extends the coverage of Title VII and theAmericans with Disabilities Act to U.S.citizens employed by covered entitiesoperating in foreign countries


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Equal Pay Act of 1963

Established the concept of equal pay forequal work

Prohibits wage differentials based ongender between men and womenperforming the same work in organizations


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Age Discrimination inEmployment Act of 1967 (ADEA)

Protects individuals 40 years of age andolder from employment discriminationbased upon their age

The act covers the actions of:private employers with 20 or more employees

employment agencies

labor organizations with at least 25 membersfederal, state, and local governments


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Americans with Disabilities Act of1990 (ADA)

Prohibits discrimination against qualifiedindividuals with disabilities on the basis of thosedisabilities in all aspects of employment

private employers with 15 or more employees

state and local government employers

U.S. Congress

Federal government employers and contractors

are covered under the Rehabilitation Act of 1973


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS


Employers must make reasonableaccommodationsfor the known disabilitiesof a qualified individual with a disability

Qualified individual with a disability:

can perform the essential functions of a job

with or without reasonable accommodation


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

What Is a Disability?

The Americans With Disabilities Actdefines a disability as:

A physical or mental impairment thatsubstantially limits one or more of the

major life activities.A record of such impairment.

Being regarded as havingsuch an impairment.


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2007 IMS

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2011 IMS


Employers are not required tomake disability accommodations if

doing so would create unduehardshipfor the organization


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Examples of ReasonableAccommodations under the ADA


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2007 IMS

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2011 IMS

Enforcing the Law

Equal Employment OpportunityCommission (EEOC)

Title VII

Office of Federal Contract CompliancePrograms (OFCCP)

Executive Order 11246

The Courtsinterpret the laws governing EEO

Summary


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Summary

EEO programs are designed to eliminatebias in HRM programs

The role of EEO and the law as asignificant force in shaping HRM policiesand programs is an accepted fact insociety

The law, executive orders, and court

interpretations will continue to influenceevery phase of HRM programs andactivities


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Farhan Mir

2007 IMS

Farhan Mir

2011 IMS

Affirmative Action inOrganizations

Actions appropriate to overcome theeffects of past or present practices,policies, or other barriers to equalemployment opportunity

The idea is to make sure that organizationvoluntarily establish goals and takes action

to hire and move minorities and womenupward in the organization

Summary


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Farhan Mir Farhan Mir

Summary

EEO programs are designed to eliminatebias in HRM programs

The role of EEO and the law as asignificant force in shaping HRM policiesand programs is an accepted fact insociety

The law, executive orders, and court

interpretations will continue to influenceevery phase of HRM programs andactivities

Documents

HRM Lec 456 Legal FramWork