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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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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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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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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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




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.




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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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



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



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




restrictedpolicy

geographicalcomparisons

Do HRM policies exclude a class of individuals?

Does companys mix of employees at all levels reflect its

recruiting market?




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


Charge must meet four criteria:



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


How companies can respond to discriminationcharges if found to have adverse impact:



Relevant Supreme Court Cases

HRM practices can be challenged by anyone, and HRM must beable to defend its practices.



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
http://www.eeoc.gov/facts/h1n1.htmlhttp://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
http://www.dol.gov/esa/ofccp/http://www.dol.gov/esa/ofccp/



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

human resource 3st chap

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