(c) 2007 by Prentice Hall 3-1
Chapter 3Chapter 3
Understanding Equal OpportunityUnderstanding Equal Opportunity
and the Le...
(c) 2007 by Prentice Hall 3-2
Chapter 3 OverviewChapter 3 Overview
• Explain why compliance with HR law is anExplain why c...
(c) 2007 by Prentice Hall 3-3
Why Understanding the LegalWhy Understanding the Legal
Environment Is ImportantEnvironment I...
(c) 2007 by Prentice Hall 3-4
Challenges to Legal ComplianceChallenges to Legal Compliance
• A Dynamic Legal LandscapeA Dy...
(c) 2007 by Prentice Hall 3-5
Conflicting Strategies for Fair EmploymentConflicting Strategies for Fair Employment
• Fair ...
(c) 2007 by Prentice Hall 3-6
Equal Employment OpportunityEqual Employment Opportunity
LawsLaws
• The Equal Pay Act of 196...
(c) 2007 by Prentice Hall 3-7
Title VII of the Civil Rights ActTitle VII of the Civil Rights Act
of 1964of 1964
• General ...
(c) 2007 by Prentice Hall 3-8
Title VII - continuedTitle VII - continued
• Title VII and PregnancyTitle VII and Pregnancy
...
(c) 2007 by Prentice Hall 3-9
Customer-Driven HRCustomer-Driven HR
• Reducing Potential Liability for Sexual HarassmentRed...
(c) 2007 by Prentice Hall 3-10
How to Handle a SexualHow to Handle a Sexual
Harassment InvestigationHarassment Investigati...
(c) 2007 by Prentice Hall 3-11
Equal Employment OpportunityEqual Employment Opportunity
Laws - continuedLaws - continued
•...
(c) 2007 by Prentice Hall 3-12
Equal Employment OpportunityEqual Employment Opportunity
Laws - continuedLaws - continued
•...
(c) 2007 by Prentice Hall 3-13
EEO Enforcement and ComplianceEEO Enforcement and Compliance
• Regulatory AgenciesRegulator...
(c) 2007 by Prentice Hall 3-14
EEO Enforcement and ComplianceEEO Enforcement and Compliance
• Affirmative Action PlansAffi...
(c) 2007 by Prentice Hall 3-15
Other Important LawsOther Important Laws
• Immigration Reform and Control ActImmigration Re...
(c) 2007 by Prentice Hall 3-16
Avoiding Pitfalls in EEOAvoiding Pitfalls in EEO
• Provide TrainingProvide Training
• Docum...
(c) 2007 by Prentice Hall 3-17
Summary and ConclusionsSummary and Conclusions
• Why Understanding the LegalWhy Understandi...
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Managing Human Resources, Luis Gomez Mejia, David Balkin,Ch1, Managing Human Resources 6e Luis Gomez Mejia David Balkin, Ch3, Vahdi Boydaş, Mensur Boydaş

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Managing Human Resources, Luis Gomez Mejia, David Balkin,Ch1, Managing Human Resources 6e Luis Gomez Mejia David Balkin, Ch3, Vahdi Boydaş, Mensur Boydaş

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Managing Human Resources, Luis Gomez Mejia, David Balkin,Ch1, Managing Human Resources 6e Luis Gomez Mejia David Balkin, Ch3, Vahdi Boydaş, Mensur Boydaş

  1. 1. (c) 2007 by Prentice Hall 3-1 Chapter 3Chapter 3 Understanding Equal OpportunityUnderstanding Equal Opportunity and the Legal Environmentand the Legal Environment
  2. 2. (c) 2007 by Prentice Hall 3-2 Chapter 3 OverviewChapter 3 Overview • Explain why compliance with HR law is anExplain why compliance with HR law is an important part of doing businessimportant part of doing business • Follow changes in HR law, regulation, and courtFollow changes in HR law, regulation, and court decisionsdecisions • Manage within equal employment opportunityManage within equal employment opportunity laws and understand affirmative actionlaws and understand affirmative action • Make managerial decisions that will avoid legalMake managerial decisions that will avoid legal liabilityliability • Know when to seek the advice of legal counselKnow when to seek the advice of legal counsel on HRM matterson HRM matters
  3. 3. (c) 2007 by Prentice Hall 3-3 Why Understanding the LegalWhy Understanding the Legal Environment Is ImportantEnvironment Is Important Know the law to… • Do the right thingDo the right thing • Realize the limitations of the HR andRealize the limitations of the HR and Legal departmentsLegal departments • Create a fair and humaneCreate a fair and humane environmentenvironment • Limit potential liabilityLimit potential liability
  4. 4. (c) 2007 by Prentice Hall 3-4 Challenges to Legal ComplianceChallenges to Legal Compliance • A Dynamic Legal LandscapeA Dynamic Legal Landscape • The Complexity of LawsThe Complexity of Laws
  5. 5. (c) 2007 by Prentice Hall 3-5 Conflicting Strategies for Fair EmploymentConflicting Strategies for Fair Employment • Fair Employment, Affirmative Action andFair Employment, Affirmative Action and Unintended ConsequencesUnintended Consequences
  6. 6. (c) 2007 by Prentice Hall 3-6 Equal Employment OpportunityEqual Employment Opportunity LawsLaws • The Equal Pay Act of 1963The Equal Pay Act of 1963 • Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964 • The Age Discrimination in EmploymentThe Age Discrimination in Employment Act of 1967Act of 1967 • The Americans with Disabilities Act ofThe Americans with Disabilities Act of 19901990 • The Vietnam Era Veterans ReadjustmentThe Vietnam Era Veterans Readjustment Act of 1974Act of 1974
  7. 7. (c) 2007 by Prentice Hall 3-7 Title VII of the Civil Rights ActTitle VII of the Civil Rights Act of 1964of 1964 • General ProvisionsGeneral Provisions • Discrimination DefinedDiscrimination Defined • Defense of Discrimination ChargesDefense of Discrimination Charges – Four-fifths ruleFour-fifths rule – Job relatednessJob relatedness – BFOQBFOQ – SenioritySeniority – Business necessityBusiness necessity
  8. 8. (c) 2007 by Prentice Hall 3-8 Title VII - continuedTitle VII - continued • Title VII and PregnancyTitle VII and Pregnancy • Sexual HarassmentSexual Harassment Do you have a hostile work environment?Do you have a hostile work environment?
  9. 9. (c) 2007 by Prentice Hall 3-9 Customer-Driven HRCustomer-Driven HR • Reducing Potential Liability for Sexual HarassmentReducing Potential Liability for Sexual Harassment To reduce the potential liability of a sexual harassment suit,To reduce the potential liability of a sexual harassment suit, managers should:managers should: 1.1. Establish a written policy prohibiting harassmentEstablish a written policy prohibiting harassment 2.2. Communicate the policy and train employees in whatCommunicate the policy and train employees in what constitutes harassmentconstitutes harassment 3.3. Establish an effective complaint procedureEstablish an effective complaint procedure 4.4. Quickly investigate all claimsQuickly investigate all claims 5.5. Take remedial action to correct past harassmentTake remedial action to correct past harassment 6.6. Make sure that the complainant does not end up in aMake sure that the complainant does not end up in a less desirable position if he or she needs to beless desirable position if he or she needs to be transferredtransferred 7.7. Follow up to prevent continuation of harassmentFollow up to prevent continuation of harassment
  10. 10. (c) 2007 by Prentice Hall 3-10 How to Handle a SexualHow to Handle a Sexual Harassment InvestigationHarassment Investigation • TimelinessTimeliness • DocumentationDocumentation • Employee agreementEmployee agreement • ResolutionResolution • Findings of factFindings of fact • RemedyRemedy
  11. 11. (c) 2007 by Prentice Hall 3-11 Equal Employment OpportunityEqual Employment Opportunity Laws - continuedLaws - continued • The Civil Rights Act of 1991The Civil Rights Act of 1991 • Executive Order 11246Executive Order 11246 • The Age Discrimination in EmploymentThe Age Discrimination in Employment Act of 1967Act of 1967 • The Americans with Disabilities ActThe Americans with Disabilities Act – Individuals with DisabilitiesIndividuals with Disabilities – Essential FunctionsEssential Functions – Reasonable AccommodationReasonable Accommodation
  12. 12. (c) 2007 by Prentice Hall 3-12 Equal Employment OpportunityEqual Employment Opportunity Laws - continuedLaws - continued • The Vocational Rehabilitation ActThe Vocational Rehabilitation Act of 1973of 1973 • The Vietnam Era VeteransThe Vietnam Era Veterans Readjustment Act of 1974Readjustment Act of 1974
  13. 13. (c) 2007 by Prentice Hall 3-13 EEO Enforcement and ComplianceEEO Enforcement and Compliance • Regulatory AgenciesRegulatory Agencies – Equal Employment Opportunity Commission –Equal Employment Opportunity Commission – (EEOC)(EEOC) • InvestigationInvestigation • ConciliationConciliation • LitigationLitigation – Office of Federal Contract ComplianceOffice of Federal Contract Compliance Programs – (OFCCP)Programs – (OFCCP)
  14. 14. (c) 2007 by Prentice Hall 3-14 EEO Enforcement and ComplianceEEO Enforcement and Compliance • Affirmative Action PlansAffirmative Action Plans –Utilization AnalysisUtilization Analysis –Goals and TimetablesGoals and Timetables –Action PlansAction Plans • Reverse DiscriminationReverse Discrimination
  15. 15. (c) 2007 by Prentice Hall 3-15 Other Important LawsOther Important Laws • Immigration Reform and Control ActImmigration Reform and Control Act of 1986of 1986 • Immigration Act of 1990Immigration Act of 1990 • Drug-Free Workplace Act of 1988Drug-Free Workplace Act of 1988 • Uniformed Services Employment andUniformed Services Employment and Reemployment Rights Act of 1994Reemployment Rights Act of 1994
  16. 16. (c) 2007 by Prentice Hall 3-16 Avoiding Pitfalls in EEOAvoiding Pitfalls in EEO • Provide TrainingProvide Training • Document DecisionsDocument Decisions • Be HonestBe Honest • Establish a Complaint ResolutionEstablish a Complaint Resolution ProcessProcess • Ask Only for Info You Need to KnowAsk Only for Info You Need to Know
  17. 17. (c) 2007 by Prentice Hall 3-17 Summary and ConclusionsSummary and Conclusions • Why Understanding the LegalWhy Understanding the Legal Environment Is ImportantEnvironment Is Important • Challenges to Legal ComplianceChallenges to Legal Compliance • Equal Employment Opportunity LawsEqual Employment Opportunity Laws • EEO Enforcement and ComplianceEEO Enforcement and Compliance • Other Important LawsOther Important Laws • Avoiding Pitfalls in EEOAvoiding Pitfalls in EEO

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