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7/31/2019 human resource 3st chap
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Fundamentals of Human Resource Management, 10/e, DeCenzo/Robbins
Chapter 3
Employment Laws
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Introduction
Almost every U.S. organization, public and private,must abide by
the 1964 Civil Rights Act
its 1972 amendment
other federal laws regulating employment
State and municipal laws may go beyond federal laws.
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Laws Affecting Discriminatory Practices
The 1866 Civil Rights Actprohibited discrimination in
employment based on race and color.
White males have used it to argue reverse discrimination in court cases.
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Laws Affecting Discriminatory Practices
The 1964 Civil Rights Act
outlawed racial segregation and discrimination inemployment, public facilities, and education
Title VII covers hiring, promotion, dismissal,benefits, compensation or any other terms, conditions,or privileges based on race, religion, color, gender, or
national origin
Organizations must have at least15 employees to be covered.
Video: Robert Johnson: Diversity at the Top
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Laws Affecting Discriminatory Practices
The 1972 Equal Employment Opportunity Act(EEOA)
enforced the 1964 Civil Rights Act
established the Equal Employment Commission(EEOC)
expanded scope of civil rights protection toemployees of state and local governments,
education, and labor introduced affirmative action
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Laws Affecting Discriminatory Practices
1967 Age Discrimination in Employment Act(ADEA)
protects people over age 39
stopped companies from requiring mandatoryretirement at any age
uses four criteria to determine discriminationwhether:
1. the employee is part of a protected group2. adverse employment action was taken3. worker was replaced by a younger worker4. worker was qualified for the job
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Laws Affecting Discriminatory Practices
The Pregnancy Discrimination Act of 1978
Companies may not
fire a female employee for being pregnant
refuse positive treatment based on pregnancy deny insurance coverage to women
Companies must
offer pregnancy leave (typically 6-10 weeks) offer returning employee a similar job should the exactone be unavailable upon return
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Laws Affecting Discriminatory Practices
Americans with Disabilities Act (ADA) of 1990
extends protection and reasonableaccommodations to those with a disability
defines disabledas a person who:1. has a physical or mental impairment that substantially limitsone or more life activities2. has a history or record of such impairment3. is perceived by others as having such impairment
Covers not only those with mobility and communicationdisabilities, but those with HIV/AIDS and intellectual
disabilities.
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Laws Affecting Discriminatory Practices
The Civil Rights Act of 1991
reinforced the 1964 Act, as a number of Supreme Court cases
over the years weakened it
included the Glass Ceiling Act and established the GlassCeiling Commission to study management practices
First time such an act allowed individuals to sue forpunitive damages.
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Laws Affecting Discriminatory Practices
USERRA and Executive OrdersUniformed Services Employment and Reemployment Rights
Act of 1994clarifies and strengthens rights of veteranswho served in the national guard or reserves
Executive Order 11246prohibits discrimination by federalagencies and contractors / subcontractors
Executive Order 11375added sex-based criteria to 11246
Executive Order 11478added that employment practices ofthe federal government must be based on merit andprohibit discrimination
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Guarding Against Discrimination Practices
Four tests can determine if discrimination occurred:
But it is up to a judicial body to make thefinal determination.
McDonnellDouglas test
geographical
comparisons
4/5ths rule
restrictedpolicy
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Exhibit 3.3 shows an example of compliance and non-compliance with the 4/5ths rule.
4/5thsrule
number of minority members hired must equal at least 80percent (4/5ths) of the majority members in the population
hired
issued by the EEOC, it helps to assess if adverse impact hasoccurred
Connecticut v. Teal(1984) case established that decisions in
each step of decision process must conform to the 4/5ths rule
Guarding Against Discrimination Practices
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restrictedpolicy
geographicalcomparisons
Do HRM policies exclude a class of individuals?
Does companys mix of employees at all levels reflect its
recruiting market?
Guarding Against Discrimination Practices
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McDonnellDouglasTest
1. the applicant is a member of a protected group
2. the applicant was qualified for job
3. the applicant was rejected
4. the organization, after rejecting applicant, continued to seekother applicants with similar qualifications
Guarding Against Discrimination Practices
Charge must meet four criteria:
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Proving job relatedness is often themost common approach.
discontinue the practice defend against the charges by arguing:
1. business necessity
2. bona fide occupational qualification
3. seniority
Guarding Against Discrimination Practices
How companies can respond to discriminationcharges if found to have adverse impact:
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Relevant Supreme Court Cases
HRM practices can be challenged by anyone, and HRM must beable to defend its practices.
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Enforcing Equal Opportunity Employment
Federal Government
EEOCOFCCP
within dept. of labor
The EEOC Web site posts notices on current issues. For example, seeits notice on the Swine Flu: http://www.eeoc.gov/facts/h1n1.html
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OFCCP
ESAs Office of Federal Contract
compliance Programs (OFCCP) is responsible
for ensuring that contractors doing businesswith the Federal government do not discriminate
and take affirmative action.
http://www.dol.gov/esa/ofccp/
follows similar practice as EEOC in evaluating claims
can cancel an organizations contract with the federalgovernment if organization fails to comply with EEO laws
Enforcing Equal Opportunity Employment
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Issues in Employment Law
sexualharassment
comparableworth
EEOC: Instances where verbal or physicalconduct creates:
an intimidating, offensive, or hostile environment
unreasonably interferes with an individuals work
adversely affects an employees employmentopportunities
Glass ceiling - lack of women and minorityrepresentation at the top levels of organizations
OFCCP has glass ceiling initiativepromotes career development for womenand minoritieslooks for such in its audits
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HRM in a Global Environment
Australias discrimination laws not enacted until the
1980s
Laws affecting HRM vary greatly by country.
60/100-hour work-weeks not uncommon.Chinas recent labor laws seek to protect
employees from such practices
Representative participation (work councils and boardrepresentatives) put labor on par with managementand stockholders
Germany
Australia
Mexico
China
Canada Canadian laws closely parallel those in the U.S.
In Mexico, employees more likely to be unionized
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F d t l f H R M t 10/ D C /R bbi
Fill-in-the-blanks
1. The 1964 Civil Rights Act, Title VII, protects individuals on the basis of
____, _____, ________, ___, and ________ ______.
race, color, religion, sex, national origin2. The Equal Opportunity Employment Act established the _________.
EEOC
3. The Civil Rights Act of 1991 included the _____ _______ Act.
Glass Ceiling
4. The 4/5ths Rule: number of minority members hired must equal at least___ percent of the majority members in the population hired.
80
5. With _______ _________, companies argue job relatedness in
responding to accusations of discrimination in hiring.
Business necessity
6. The 1971 Supreme Court case _____v.________________ ruled that
tests must fairly measure the skills and knowledge required for a job.
Griggs v. Duke Power Company
7. The EEOC defines sexual harassment as creating an ____________.
intimidating, offensive, or hostile environment