HRM gaining a competitive advantage chapter 003 3rd ed

3 Chapter The Legal Environment: Equal Employment Opportunity and Safety Objectives • Analyze a work-flow process, identifying the output, activities, and inputs in the production of a

3 Chapter

The Legal Environment:

Equal Employment Opportunity and Safety

Objectives

• Analyze a work-flow process, identifying the output, activities, and inputs in the production of a product or service.

• Understand the importance of job analysis in strategic and human resource management.

• Choose the right job analysis technique for a variety

of human resource activities.

• Identify the tasks performed and the skills required in

a given job.

• Understand the different approaches to job design.

• Comprehend the trade-offs among the various

The Legal System

in the United States 3-2

 Legislative Branch

 Executive Branch

 Judicial Branch

 Legislative Branch

 Executive Branch

 Judicial Branch

EEO Laws and Regulations 3-3

 Constitutional amendments

 13th amendment

 14th amendment

 Congressional legislation

 Executive orders

 Constitutional amendments

 13th amendment

 14th amendment

 Congressional legislation

 Executive orders

Constitutional Amendments 3-4

 13th amendment

 abolished slavery

 14th amendment

 limits actions of government

 provides “equal protection”

 requires due process

 13th amendment

 abolished slavery

 14th amendment

 limits actions of government

 provides “equal protection”

requires due process

Congressional Legislation 3-5

 Reconstruction Civil Rights Acts

 Equal Pay Act (1963)

 men & women paid equally for equal work

 Title VII of Civil Rights Act (1964)

 covers race, color, religion, sex and national origin

 15 or more employees

 Age Discrimination Act (1967)

 over 40 years of age

 15 or more employees

 Vocational Rehabilitation Act (1973)

 affirmative action for people with disabilities

 Reconstruction Civil Rights Acts

 Equal Pay Act (1963)

 men & women paid equally for equal work

 Title VII of Civil Rights Act (1964)

 covers race, color, religion, sex and national origin

 15 or more employees

 Age Discrimination Act (1967)

 over 40 years of age

 15 or more employees

 Vocational Rehabilitation Act (1973)

 affirmative action for people with disabilities

Congressional Legislation

(cont.) 3-6

 Vietnam Era Veteran’s Readjustment Act (1974)

 affirmative action for Vietnam vets

 Civil Rights Act (1991)

 adds compensatory and punitive damages

 Americans with Disabilities Act (1990)

 prohibits discrimination based on disability

 “reasonable accommodation”

 determine “essential” job functions

 Vietnam Era Veteran’s Readjustment Act (1974)

 affirmative action for Vietnam vets

 Civil Rights Act (1991)

 adds compensatory and punitive damages

 Americans with Disabilities Act (1990)

 prohibits discrimination based on disability

 “reasonable accommodation”

 determine “essential” job functions

Executive Orders 3-7

 Number 11246

 affirmative action targets for women & minorities

 Number 11478

 government employment policies based on merit & fitness

Enforcement of Equal Employment Opportunities 3-8

Two agencies responsible for the Enforcement are:

•The Equal Employment Opportunity Commission

•The Office of Federal Contract Compliance Procedures

Equal Employment Opportunity

Commission 3-9

Three Major Responsibilities:

* Investigating and resolving complaints

* Gathering information

* Issuing guidelines

Affirmative Action Plans 3-10

 Utilization analysis

 Goals and timetables

 Action steps

 Utilization analysis

 Goals and timetables

 Action steps

have three basic components:

Types of Discrimination 3-11

Disparate Treatment

Disparate Treatment

Disparate Impact

Disparate Impact

Reasonable Accommodation Reasonable Accommodation

Types of Discrimination

3-12

Disparate Treatment

Disparate Treatment

- Show intent?

- Prima facie

case

- Employer’s

defense

- Plaintiff’s

rebuttal

- Damage

- Key

- Yes

- member of protected group

- show BFOQ

- reason a pretext

- compensatory/

punitive

- McDonnell Douglas

Types of Discrimination 3-13

Disparate Treatment

Disparate Treatment

Disparate Impact

Disparate Impact

- Yes

- member of protected group

- show BFOQ

- reason a pretext

- compensatory/

punitive

- McDonnell Douglas

- No

- statistical disparity

- show job relatedness

- other ways exist

- equitable relief

- Griggs v Duke

- Show intent?

- Prima facie

case

- Employer’s

defense

- Plaintiff’s

rebuttal

- Damages

- Key

litigation

Types of Discrimination 3-14

Disparate Treatment

Disparate Treatment

Disparate Impact

Disparate Impact

Reasonable Accommodation Reasonable

Accommodation

- Yes

-Failure to be accommodated

- Job relatedness and business necessity

- compensatory/

punitive

- Show intent?

- Prima facie

case

- Employer’s

defense

- Plaintiff’s

rebuttal

- Damages

- Key

litigation

- Yes

- member of protected group

- show BFOQ

- reason a pretext

- compensatory/

punitive

- McDonnell Douglas

- No

- statistical disparity

- show job relatedness

- other ways exist

- equitable relief

- Griggs v Duke

Retaliation for Participation and

Opposition

3-15

Title VII of the Civil Rights Act of 1964 provides protection for

• Opposition

• Participation

Current Diversity Issues 3-16

 Sexual Harassment

 Bundy v Jackson “quid pro quo”

 Meritor Savings Bank v Vinson

hostile working environment

 Affirmative action & reverse discrimination

 Americans with Disabilities Act

 Sexual Harassment

 Bundy v Jackson “quid pro quo”

 Meritor Savings Bank v Vinson

hostile working environment

 Affirmative action & reverse discrimination

 Americans with Disabilities Act

Employee Safety 3-17

Occupational Safety and Health Act

 Rights of Employees

 request inspection

 representative present

 dangerous substances identified

 informed about hazards

 violations posted

 Inspections

 Penalties

 Effect

 increased level of awareness

 many accidents a result of unsafe behaviors not working conditions

Occupational Safety and Health Act

 Rights of Employees

 request inspection

 representative present

 dangerous substances identified

 informed about hazards

 violations posted

 Inspections

 Penalties

 Effect

 increased level of awareness

 many accidents a result of unsafe behaviors not working conditions

Safety Awareness Programs 3-18

 Identifying & communicating hazards

 Job Hazard Analysis Technique

 Technic of Operations Review

 Reinforcing safe practices

 safety incentive programs

 focus on jobs

 focus on type of injury

 Promoting safety internationally

 Identifying & communicating hazards

 Job Hazard Analysis Technique

 Technic of Operations Review

 Reinforcing safe practices

 safety incentive programs

 focus on jobs

 focus on type of injury

 Promoting safety internationally