Human resource management 8e by gomez mejia 2016 chapter 03

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Chapter 3

Understanding Equal Opportunity and the Legal

Environment

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Chapter Challenges

1 Recognize why understanding the legal environment is important

2 Become aware of conflicting strategies for fair employment

3 Gain mastery of the equal employment opportunity laws

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Chapter Challenges

4 Understand EEO enforcement and compliance

5 Have familiarity with other important laws

6 Ensure avoiding pitfalls in EEO

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The Managerial Perspective

Managers must understand the legal issues when making the

following decisions:

• Which employees to hire

• What benefits to offer

• How and when to fire employees

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Understanding the Legal Environment

Do the right thing

Realize the limitations of the HR and legal

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Challenges to Legal Compliance

• A dynamic legal landscape

• The complexity of laws

• Conflicting strategies for fair employment

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Conflicting Strategies for Fair Employment

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Equal Employment Opportunity Laws

• The Equal Pay Act of 1963

• Title VII of The Civil Rights Act of 1964 and 1991 amendment

• The Age Discrimination in Employment Act of 1967

• The American with Disabilities Act of 1990

• The Vietnam Era Veterans Readjustment Act of 1974

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Title VII of the Civil Rights Act of 1964

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Types of Discrimination

Illegal under Title VII

Disparate treatment

Adverse impact

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Defense of Discrimination Charges

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Title VII and Pregnancy

1978

• Title VII amended to include protection for someone with the ability to become

pregnant and actual pregnancy

• Requires employers to treat a pregnant employee in the same way as someone who has a medical condition

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Sexual Harassment

Quid pro quo

Favor for a favor

Hostile work environment

Offensive and undesirable

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Reducing Liability

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How to Handle a Sexual Harassment Investigation

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EEO Laws Continued

The Civil Rights Act of 1991

Employer bears burden of proof

Prohibits quotas Allows payment for punitive and compensatory damages

Executive Order 11246, 1965

Prohibits discrimination by government and government contractors

Required to develop affirmative action programs

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EEO Laws Continued

The Equal Pay Act of 1963

Same pay for men and women May differ based on quality or quantity of production

Seniority plans exempt Does not prohibit use of merit pay

The Age Discrimination in Employment Act, 1967 (ADEA)

Protects employees age 40 and over

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EEO Laws Continued

• American with Disabilities Act (1990)

o Protects those with disabilities

• Physical or mental

• Impaired major life activity

o Must provide reasonable accommodations for essential job function

o Individual must be otherwise qualified for the job

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EEO Laws Continued

The Vocational Rehabilitation Act of 1973

The Vietnam Era Veterans Readjustment Act of 1974

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EEO Enforcement and Compliance

Regulatory Agencies

o Equal Employment Opportunity Commission (EEOC)

• Processes discrimination complaints

• Issues written regulations and guidelines

• Collects and disseminates information

o Office of Federal Contract compliance Programs (OFCCP)

• Actively monitors compliance

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EEO Enforcement and Compliance

Affirmative Action Plans

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Other Important Laws

of 1994

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Avoiding Pitfalls of EEO

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Summary and Conclusions

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Pearson Education, Inc.

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Second level

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Fourth level

Fifth level

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