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Legal and Ethical Aspects of Personnel ManagementAdvanced Marketing
What is Personnel Management
Process of hiring and developing employees so that they become more
valuable to the organization
Legal VS Ethical• Legal issues are matters that are governed by law• Ethical issues may be governed by company policy
Major Legal Aspects to Consider
• Laws at local, state, and federal jurisdictions regulate how companies conduct staffing and management of employees
• Title VII of 1964 Civil Rights Act banned most discriminatory hiring practices
• Three main sensitive areas in personnel management: Equal Employment Opportunity (EEO); Affirmative Action; and Sexual Harrassment
Equal Opportunity• EEO• Individuals protected from illegal discrimination• Based on certain characteristics such race, age, or gender• These individuals called “protected class”
Federal Laws Protect the Following
• Race, ethnic origin, color• Gender (women, including those who are pregnant)• Age (individuals over 40)• Individuals with Disabilities (Physical and Mental)• Military Experience (Viet Nam era veterans)• Religion (special beliefs and practices)
Purpose of EEO
Ensure everyone has equal opportunity of getting a job or being promoted at work
1964 Civil Rights Act, Title VII established EEO
Laws Enforced Under EEO• Civil Rights Act 1964- Prohibits discrimination based on race,
color, religion, nation origin, or sex• Civil Rights Act 1991- Reaffirms and tightens prohibition of
discrimination- Permits law suit for punitive damages in cases of intentional discrimination- burden of proof on employer
Affirmative Action• Requires employer to make an extra effort to hire and
promote people who belong to a protected class• Includes taking specific actions designed to eliminate present
effects of past discriminations
• Pregnancy Discrimination Act of 1978- Prohibits discrimination or dismissal of women because of pregnancy alone; protects job security during maternity leaves
• Americans with Disabilities Act- Prohibits discrimination against individuals with physical or mental disabilities or chronically ill; requires “reasonable accommodations” be provided
Laws Continues• Vocational Rehabilitation Act- Prohibits discrimination on basis
of physical or mental disabilities and requires employees be informated about affirmative action plans
Who Most Conform with EEO and Affirmative Action• Most employers in US must comply with Title VII• Required from private employers with 15 or more persons• All educational institutions• State, local governments• Public and Private Employment Agencies• Labor Unions with 15 or more members• Joint Labor-Management Committees for Apprenticeship and
Training
Sexual Harassment• Since 1980, guidelines used from EEO to define• “Unwelcome sexual advances for sexual favors, and other
verbal or physical conduct of a sexual nature”• Includes sexually suggestive remarks, unwanted touching,
sexual advances or sexual favors• Other verbal or physical conduct of sexual nature
Sexual Harrassment• 1993 Supreme Court Ruling-test widened for sexual
harassment under civil rights law• “would reasonably be perceived, and is perceived as hostile or
abusive”- • Employees don’t need to demonstrate that they have been
psychologically damaged to prove sexual harassment in workplace
• Simply must prove that environment is hostile
Sexual Harrassment Not Just Problem of WomenRecent Supreme Court rulings broaden definition of sexual harassment to include:• Same-sex harassment• Harrassment of males by femalse
Other Employment Laws• Fair Labor Standards Act- minimum wage; overtime, and child
labor• Employee Polygraph Protection Act- outlaws use of polygraph
for employment purposes• Privacy Laws- legal righrts regarding who has access to
information about work history and job performance• Whistleblower Protection Act-
Federal Laws Shaping Personnel Management
Law Date Description
National Labor Relations Act
1935 Requires employers to recognize a union chosen by the majority of the employees and to establish procedures governing collective bargaining
Age Discrimination in Employment Act
1967, Amended in 1978 and 1986
Prohibits age discrimination against employees between 40 and 65 years of age and restricts mandatory retirement
Occupational Safety and Health Act
1970 Establishes mandatory safety and health standards in organizations
Vietnam-Era Veterans Readjustment Assistance Act
1974 Prohibits discrimination against disabled veterans and Vietnam-era veterans
Mandatory Retirement Act
1978 Prohibits forced retirement of most employees before the age of 70
Immigration Reform and Control Act
1986 Prohibits employers from knowingly hiring illegal aliens and profits employment on the basis of national origin of citizenship
Worker Adjustment and Retraining Notification Act
1988 Require employees to provide 60 days/ notice before a facility closes or implements mass layoff
Employee Polygraph Protection Act
1988 Limits employer’s ability to use lie detector tests
Family and Medical Leave Act
1993 Permits employees in organizations with 50 or more workers to take up to 12 weeks of unpaid leave for family or medical reasons for each year
Activity
Students will view a video. Throughout the movie, students will identify unethical and illegal employment practices. 50 Points