Lecture Human resource management: Gaining a competitive advantage (9/e) – Chapter 3: The legal environment: Equal employment opportunity and safety

Chapter 3 - The legal environment: Equal employment opportunity and safety. After reading this chapter, you should be able to: Identify the three branches of government and the role each plays in influencing the legal environment of human resource management, list the major federal laws that require equal employment opportunity and the protections provided by each of these laws,...

Chapter The Legal Environment: Equal Employment Opportunity and Safety Copyright © 2015 McGraw­Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw­Hill Education 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 Constitutional Amendments:  13th Amendment - abolished slavery  14th Amendment - provides equal protection for all citizens and requires due process in state action 3­2 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 3­3 Congressional Legislation  Vietnam Era Veteran’s Readjustment Act of 1974  Pregnancy Discrimination Act  Civil Rights Act of 1991  Americans with Disabilities Act of 1990 3­4 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 3­5 Executive Orders Executive Order 11246 Prohibits government contactors from discrimination Executive Order 11478 government employment policies based on merit and fitness 3­6 Retaliation 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 not have an unlimited right to talk about how racist or sexist their employers are 3­7 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 Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual, or 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 3­8 Americans with Disabilities Act (ADA) 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 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 3­9 Employee Rights under OSHA Request an inspection Have a representative present at inspection Have dangerous substances identified Be promptly informed about exposure to hazards and given access to accurate records regarding exposures Have employer violations posted at worksite 3­10 Summary  One of HRM’s major challenges is the legal constraints imposed by the government  Three theories of discrimination: disparate treatment, disparate impact, and reasonable accommodation  HR and line managers need to understand legal requirements and prohibitions to manage in ways that are financially and ethically sound, and in so doing create a competitive advantage  Safety Awareness Programs attempt to instill symbolic and substantive changes to a safety program 3­11 ... ways that are financially and ethically sound, and in so doing create a competitive advantage  Safety Awareness Programs attempt to instill symbolic and substantive changes to a safety program 3­11... Three theories of discrimination: disparate treatment, disparate impact, and reasonable accommodation  HR and line managers need to understand legal requirements and prohibitions to manage in ways... "participating in a proceeding” related to an alleged illegal employment practice Employees not have an unlimited right to talk about how racist or sexist their employers are 3­7 Sexual Harassment