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Bus 417: Team Training Session
- 1. Cassie Smith Allie Hodgins Miles Ward Luisa Pinkernelle Team M Legal Issues Team Training Session 1
- 2. Agenda Learning Objectives Our Method: Case Study Legal Issues in the Workplace Title VII of Civil Rights Act Americans with Disability Act Analysis of Case Studies Key Takeaways 2
- 3. Learning Objectives 1. Explain the importance of legal issues in the workplace. 1. Be able to identify problems related to the Title VII of Civil Rights Act and the Americans with Disability Act and respond appropriately to illegality. 1. Discuss the strengths and limitations of case studies. 3
- 4. Our Method: Case Study Description about how employees or an organization dealt with a difficult situation. Trainees are required to: Analyze and critique actions taken Indicate the appropriate actions Suggest what might have been done differently 4
- 5. Legal Issues in the Workplace Laws Title VII of Civil Rights Act Americans with Disabilities Act Also Includes: Age Discrimination in Employment Act Pregnancy Discrimination Act Equal Pay Act 5
- 6. Legal Issues in the Workplace Civil Rights Act Title VII Makes it unlawful to discriminate against someone on the basis of race, color, national origin, sex (including pregnancy and gender identity) or religion. Unlawful discrimination in any aspect of employment (e.g. hiring, compensation, promotion opportunities retirement plans) 6
- 7. Legal Issues in the Workplace Civil Rights Act Title VII Forms of Sexual Harassment: Quid pro quo: employment decisions are based on employee’s willingness to grant or deny sexual favors. Hostile environment: occurs when verbal or nonverbal behavior in the workplace and: Focuses on the sexual orientation of another person or occurs because of the person’s gender. Is unwanted or unwelcome. Is severe or pervasive enough to affect the person’s work environment 7
- 8. Case 1: The Case of Connie The question: Is Connie being sexually harassed? Please break up into your team and discuss the case of Connie. Follow the provided steps to create your solution. Time for this team work: 5 min. 8
- 9. Case 1: The Case of Connie Case Analysis 1) Identify whether Connie is being sexually harassed. Which indicators can you identify, if any? 2) What form of sexual harassment does she experiences? 3) What would be your advice for Connie? What can she do? 9
- 10. Legal Issues in the Workplace Americans with Disabilities Act (ADA) Americans with Disabilities Act (ADA) of 1990 Prohibits discrimination and ensures equal opportunity for people with disabilities in employment (Title I), state and local government services (Title II) and public accommodations and commercial facilities (Title III) Disability (ADA, Chapter 126, Sec. 12102) Physical or mental impairment that substantially limits one or more major life activities, a record of having an impairment or being regarded as having such an impairment 10
- 11. Legal Issues in the Workplace Americans with Disabilities Act (ADA) Employers must provide “reasonable accommodation” (ADA, Chapter 126, Sec. 12111) For example: Making existing facilities used by employees readily accessible to and usable by individuals with disabilities Job restructuring, part-time or modified work schedules, Appropriate adjustment or modifications of examinations, training materials or policies 11
- 12. Legal Issues in the Workplace Americans with Disabilities Act (ADA) Undue Hardship: Defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. Factors: Resources Costs Structure of the employer’s operation Decisions made on a case-by-case basis 12
- 13. Case 2 : The Case of Mike Your task: Determine whether or not Perfect Technologies fired Mike for undue hardship or violated the ADA. Please break up into your team and discuss the case of Mike. Follow the provided steps to create your solution. Time for this team work: 10 min. 13
- 14. Case 2: The Case of Mike Case Analysis 14 1) Identify whether the action taken by the manager was appropriate or inappropriate? 2) What should have the management done instead? What would you suggest? 3) Was Mike creating undue hardship for Perfect Technologies?
- 15. Analysis of Case Studies The Strengths and Limitations of Case Studies Strengths: Helps explore real world scenarios Being actively engaged in finding out principles from examples Simplifies complex concepts 15 Limitations: Can be hard to generalize from a single case No right answer due to the many ways to interpret case Which strengths and limitations could you identify while doing the case studies?
- 16. Analysis of Case Studies How to implement effectively and appropriate situations Effective implementation ● Helps to analyse a problem and reach a decision as a team ● Exchanges ideas and helps team members share past experiences ● Facilitates and reaffirms key learning points ● Students are responsible for making recommendations Appropriate situations ● Sensitive topics ● Contemporary real life situations ● Think about situation theoretically without being physically involved 16
- 17. Key Takeaways 1. Legal issues in the workplace are important because they affect organizations and people. 2. Problems in the Title VII of the Civil Rights Act & the ADA can range from things such as sexual harassment as well as mental & physical disabilities. 3. Case studies can simplify complex concepts but can be hard to generalize from just one case. 17
- 18. Do you have any questions? 18
- 19. References Americans with Disability Act of 1990, available online: https://www.ada.gov/pubs/adastatute08.htm [03/12/2017] Blanck, P.; Andersen, J.; Wallach, E. & Tenney, J. (1994), Implementing Reasonable Accommodations Using ADR under the ADA: The Case of a White-Collar Employee with Bipolar Mental Illness, Mental and Physical Disability Law Reporter, Vol. 18 (4), pp. 458- 464. Department of Justice, Title VII of the Civil Rights Act of 1964, available online: https://www.justice.gov/crt/laws-enforced-employment-litgation-section [03/24/2017] Noe, R. (2013), Employee Training and Development, 6. Ed., McGraw-Hill. McGowan (2000), Reconsidering the Americans with Disabilities Act, in: Georgia Law Review, Vol. 35, pp. 27 – 160). 19
Editor's Notes
- Cassie introduces Source Picture: http://askahousecleaner.com/legal-issues-house-cleaners/
- Cassie
- Cassie
- Cassie A process of research in which detailed consideration is given to the development of a particular person,group, or situation over a period of time
- Allie Employment laws exist to regulate the relationship between businesses and their employees. By complying with relevant legislation, both employers and their staff members can ensure their hiring processes, dismissal process, and their workplace as a whole are fair for every individual. There exist different laws to protect employees in the workplace. The title VII of the Civil Rights Act (race, color, gender, religion, nationality, national origin), the Age Discrimination in Employment Act (age), Americans with Disabilities Act (disability) and Pregnancy Discrimination Act (pregnancy) cover issues of discrimination and prohibit discrimination. These laws play a crucial role in all parts of the work of HR professionals. In recruiting as well as training or selection of employees. Nevertheless, there also exist specific laws, e.g. the equal pay act (compensation), which cover certain areas of HR. Source Picture: https://scarincihollenbeck.com/law-firm-insights/labor-employment/year-in-review-federal-employment-law-developments/
- Allie “It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” — Title VII, Civil Rights Act of 1964 Title VII forbids discrimination in any aspect of employment, including Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave Other terms and conditions of employment
- Allie (try to cut the wording a bit) There are different forms of sexual harassment—some are obvious, and some are subtle. Two types of sexual harassment are quid pro quo and hostile environment. Quid pro quo sexual harassment occurs when employment decisions or expectations—hiring decisions, promotions, salary increases, work assignments, or performance evaluations—are based on an employee’s willingness to grant or deny sexual favors. Hostile environment sexual harassment occurs when verbal or nonverbal behavior in the workplace: •Focuses on the sexual orientation of another person or occurs because of the person’s gender. •Is unwanted or unwelcome. •Is severe or pervasive enough to affect the person’s work environment Reference:
- Allie- Introduce What is what this case study is designed to identify: Sexual Harassment in the Workplace...Identify. Stop. Prevent. Participants will be able to: •Define sexual harassment and offensive behaviors that can be considered harassment. •Identify each type of harassment. •Prevent harassment from happening. •Stop sexual harassment if it does occur.
- Cassie pick and tell answers and Allie write down Our solutions: 1) Yes, on two accounts. First, because some women in Connie’s office have in the past received a promotion or financial gain in return for sexual favors, Connie is a victim of environmental sexual harassment. Even though Connie was not at first being harassed directly, she was forced to work under intimidating conditions. And second, Connie is denied a promotion and salary increase because she will not give in to sexual demands. 2) Quid pro quo sexual harassment because the employment decision was based on sexual favors. 3) Connie should tell the Human Resources Department at her workplace about this legal issue. As well as get a lawyer to receive compensation. We recommend quitting the job. However, answers may vary by team.
- Luisa ADA was designed to end the isolation and segregation of people with disabilities and ensure their civil right to full participation and membership in American society (McGowan 2000, 43) Discrimination: limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee. Major life activities: major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. References: https://www.ada.gov/2010_regs.htm https://www.ada.gov/pubs/adastatute08.htm McGowan (2000), Reconsidering the Americans with Disabilities Act, in: Georgia Law Review, Vol. 35, pp. 27 – 160).
- Luisa https://www.ada.gov/pubs/adastatute08.htm#12111 making existing facilities used by employees readily accessible to and usable by individuals with disabilities job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities
- Luisa https://www.ada.gov/employmt.htm "Questions and Answers." Americans with Disabilities Act Questions and Answers. N.p., n.d. Web. 27 Mar. 2017. Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources. https://www.eeoc.gov/policy/docs/accommodation.html
- Miles introduces and Luisa writes down The purpose of this case study is to discuss the Americans with Disabilities Act of 1990 (ADA) by utilizing Human Resource Management (HRM) training which involves compliance and litigation avoidance. In essence, this case study will underscore the importance for us as HR professionals to understand these legal issues. Today, we will be analyzing the case of Mike Johnston vs. Perfect Technologies.
- Miles and Luisa Our Solutions: 1) The actions are inappropriate because Mike was discriminated by his managers for having a disability. 2) The manager should have talked to Mike about why he was arriving at work late. Mike should have told them about his disability so they could have considered reasonable accommodation. Such accommodation could have been part time or flexible working hours. 3) No he was not, he is a valuable employee who performed well. The only trouble he caused was that he was not on time. There was no decrease in profit, reasonable accommodation was not costly and did not affect the company in a negative way. Even if costs did increase, Mike could compensate with his valuable skills and performance.
- Miles When talking about pros talk about why the pros are ideal for using case studies. When talking about cons talk about why the cons are not ideal for using case studies.
- Miles
- Miles http://pngimg.com/uploads/key/key_PNG1167.png
- smit3946@vandals.uidaho.edu pink7681@vandals.uidaho.edu ward6667@vandals.uidaho.edu File download as word than pdf