6. Lecture 1. Employment Laws
and Applications
1. Discrimination and equal
employment
2. Employment Laws
3. Areas of abuse in hospitality
operations
4. Issues in social context
7. 1. Discrimination and equal employment
The Civil Rights Act of 1964, which prohibits
discrimination on the basis of race, color, religion, sex or
national origin, became the cornerstone of the change.
Title VII of it ensure Fair employment standards
Equal employment opportunity
(EEO)
Discrimination
Legal Illegal
8. Equal employment opportunity Commission
(EEOC)
established in 1964
to create and monitor employment standards
1. Oversees administration of existing EEO laws and
regulations
2. Issues guidelines (interpretations of the statute written by Congress)
3. Gathers information (EEO-1reports from companies with more
then 100 employees ) for statistics
4. National call center
11. Department of Labor
(DOL)
established in 1964
to interpreting the Fair Labor Standards Act (FLSA)
14 and 15-years-olds are allowed to perform kitchen work
and serving food and beverages
12. Equal employment opportunity (EEO) protect the rights of
groups and class
(race, color, religion, sex or national origin)
13. Affirmative action represent the obligation to hire members
of protected groups to overcome past discriminatory practices
(for employers holding federal or state contracts).
It is not rigid quota. In 1978 reverse discrimination was
overturned (Regents of the University of California v. Bakke,
438 U.S. 265 (1978))
16 out of 100 seats set aside for minority students by
the University of California
15. EEO legislation structure
Personal policies
Unequal treatment
Effect of past discrimination
Adverse impact
2. Employment Laws
16. Evolution of EEO legislation
Equal Pay Act of 1963 (same rate of pay)
Title VII of the Civil Rights Act of 1964
(prohibits unfair employment discrimination based
on race, color, sex, religion, and national origin)
2. Employment Laws
19. Adverse impact means
Adverse impact refers to employment practices that appear neutral
but have a discriminatory effect on a protected group.
A substantially different rate of selection in employment decisions that
adversely affects a protected group
20. Adverse impact means
Selection Criteria
Scored tests – 4/5 or 80% rule
Nonscored objective criteria - Griggs v. Duke Power Co., 401 U.S. 424 (1971
http://www.hr-
Disparate Impact Analysis
Applicants
White 80 Black 40
Hires
White 48 Black 12
Selection Rate
White 48/80 =.6 (60%)
Black 12/40 = .3 (30%)
Impact Ratio .3/.6 = .5 (50%)
The impact ratio (.5) is less than .8 which is evidence that, based on the
4/5ths rule, there is adverse impact.
23. http://www.oldskoolcafe.org/about
-us
Our vision is to establish a youth led Supper Club that
will employ youth in every areas of the business as
youth apprentices.
Internship opportunities (restaurant, office work, marketing and more)
If you are between the ages of 16-22 years old and live in San
Francisco, please fill out this form below
24. Evolution of EEO legislation
Age Discrimination in Employment Act
of 1967 (prohibits discrimination against
people over 40 years old)
Vocational Rehabilitation Act of 1973
(require to employ individuals with disabilities and to
make “reasonable accommodations”)
+Americans with Disabilities Act 1992
(1of every 5 persons)
Disabilities are qualified if they can
perform the essential functions of the
job with or without reasonable
accommodation
28. Evolution of EEO legislation
Vietnam Veterans Readjustment Act of
1974
Pregnancy Discrimination Act of 1978
(prohibits from refusing to hire pregnant applicants)
30. Evolution of EEO legislation
Retirement Equity Act of 1984 (count all
services since the age of 18 and all earnings since age of 21)
Immigration Reform and Control Act of
1986 (prohibit discrimination against aliens, 31% of illigal
immigrants are in hospitality industry)
Employee Polygraph Protection Act of
1988
Drug-Free Workplace Act of 1988 (its popular
in hospitality industry)
The civil Rights Act of 1991 (employees are not
able to sue for damage)
Family and Medical Leave Act of 1993
(offers 12 weeks of unpaid but job-protected leave during 12
month period)
31. Why?????
3. Areas of abuse in hospitality
operations
Recruitment and Selection
Age discrimination
Reverse discrimination
Employee benefit and Sex discrimination
Religious discrimination
Recruitment advertising
Wrongful discharge
32. 4. Issues in social context
Women do “pink-collar jobs”
Overtime work
Impact of Unethical Business and family
ties
Aging work force
Employment Practices Liability Insurance
Continuing Education
Avoid Lawsuits