Human Resource Management:Gaining a Competitive Advantage

Chapter 03

The Legal Environment: Equal Employment Opportunity

and Safety

McGraw-Hill/Irwin Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.

U.S. Legal System

Executive Branch

Judicial Branch

Legislative Branch

3 Branches

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Equal Employment Opportunity (EEO)

EEO– the government's attempt to ensure that all individuals have an equal chance for employment, regardless of race, color, religion, sex or national origin.

EEOC- Equal Employment Opportunity CommissionOFCCP- EEOC) is a division of the Department of Justice

responsible for enforcing most of the LEO laws.Constitutional Amendments:

13th Amendment - abolished slavery14th Amendment – provides equal protection for all

citizens and requires due process in state action.

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Congressional Legislation

Civil Rights Acts (1866 and 1871)

Equal Pay Act of 1963

Title VII of the Civil Rights Act of 1964

Age Discrimination in Employment Act of 1967

Rehabilitation Act of 1973

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Congressional Legislation

Vietnam Era Veteran’s Readjustment Act of 1974

Pregnancy Discrimination Act

Civil Rights Act of 1991

Americans with Disabilities Act of 1990

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Disability

According to EEOC, a disability is a physical or mental impairment that

“substantially limits one or more major life activity;

a record or past history of such an impairment;

and/or being ‘regarded as’ having a disability by an employer whether you have one or not, usually in terms or hiring, firing or demotion

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Reasonable Accommodation

DisparateTreatment

Disparate Impact

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Reasonable Accommodation

Reasonable Accommodation - places a special obligation on an employer to affirmatively accommodate an individual’s disability or religion.

Religion and Accommodation Disability and Accommodation

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Retaliation for Participation and Opposition

Title VII states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding,” related to an alleged illegal employment practice.

Employees do not have an unlimited right to talk about how racist or sexist their employers are.

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Diversity and EEO ISSUES

Sexual Harassment

Affirmative Action and

Reverse Discrimination

Outcomes of Americanswith Disabilities Act

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Sexual Harassment

Sexual harassment -unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

2. Submission to or rejection of such conduct by an individual is used as the basis or employment decisions affecting such individual, or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

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Affirmative Action and Reverse Discrimination

Affirmative Action was conceived of as a way of taking extra effort to attract and retain minority employees.

Imposed quota programs

The entire debate over affirmative action continues to invoke attention.

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Americans with Disabilities Act (ADA) Outcomes

Under ADA, a firm must make "reasonable accommodation" to a physically or mentally disabled individual unless doing so would impose "undue hardship.”

Consequences of ADA: Increased litigation Cases being filed do not reflect Congressional intent Act was passed to protect people with major

disabilities The law has not resulted in a major increase in the

proportion of people with disabilities who are working.

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Employee Safety

Employee safety is regulated by both federal and state governments.

The Occupational Safety and Health Act (OSHA) General Duty Clause

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Summary

One of HRM’s major challenges is the legal constraints imposed by the government.

HR and line managers need to understand legal requirements and prohibitions to manage their businesses in ways that are financially and ethically sound, and in so doing will also have a competitive advantage.

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