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  • Chapter 3 presents an overview of t U.S. legal system, noting different legislative bodies, regulatory agencies, and judicial bodies that determine legality of certain HRM practices. It discusses major laws and executive orders that govern these practices. The legal environment is one of several environmental factors affect an organization ’s HRM function, particularly laws affecting management of people. By understanding how legislative, regulatory, and judicial systems work to define equal employment opportunity laws, a manager is better prepared to manage people within the limits imposed by the legal system. Doing so effectively is a source of competitive advantage. Rather than viewing the legal system as a constraint, firms that embrace the concept of diversity can often find that they are able to leverage the differences among people as a tremendous competitive tool.
  • After reading and discussing this chapter, you need to know:
  • All three branches of the U.S. government play an important role in creating a legal environment for HRM. Legislative Branch: consists of the two houses of Congress. It has enacted a number of laws governing HR activities. Laws are generally developed in response to perceived societal needs. Executive Branch: the president and the many regulatory agencies that the president oversees is responsible for enforcing the laws passed by Congress. Agencies can do with regulations detailing how to abide by laws and by filing suit against alleged violators. The president may issue executive orders, which are directives issued solely by the president, without requiring congressional approval.. Judicial Branch: The federal court system. Influences employment law by interpreting the law and holding trials concerning violations of the law. U.S. Supreme Court is at the head of the judicial branch. It is the court of final appeal. Decisions made by the court are binding and can be overturned only through laws passed by Congress.
  • Among the most significant efforts to regulate human resource management are those aimed at achieving equal employment opportunity (EEO) . The federal government ’s efforts to create EEO include: Constitutional amendments Legislation Executive orders Court decisions that interpret the law
  • Table 3.1 summarizes major EEO laws discussed in Chapter 3 and in this presentation. These are U.S. laws. Equal employment laws in other countries may differ.
  • Under the Equal Pay Act of 1963, pay differences are allowed if they result from differences in seniority, merit, quality or quantity of production, or any factor other than gender (such as work shift differentials). However, the act allows for rea- sons why men and women performing the same job might be paid differently. If the pay differences result from differences in seniority, merit, quantity or quality of pro- duction, or any factor other than sex (such as participating in a training program or working the night shift), then the differences are legal.
  • Title VII is the major law regulating EEO in the United States. The law is enforced by the Equal Employment Opportunity Commission (EEOC), an agency of the Department of Justice. ADEA was originally enacted in 1967 and has been subsequently amended. Similar to Title VII, the ADEA outlaws hiring, firing, setting compensation rates, or other employment decisions based on a person ’s age being over 40.
  • Figure 3.1 Shows that the number of age discrimination cases jumped when many firms were downsizing and during the economic slowdown. In today’s environment, for firms seeking talented individuals to achieve the company’s goals, older employees can be a tremendous pool of potential resources.
  • The Vocational Rehabilitation Act of 1973 was intended to enhance employment opportunities for individuals with disabilities. The act covers executive agencies, contractors, and subcontractors that receive more than $2,500 annually from the federal government. Vietnam Era Veteran’s Readjustment Act of 1974 requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War (those serving between August 5, 1964, and May 7, 1975).
  • Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. ADA prohibits discrimination based on disability in all employment practices. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment. For example, an employer may not refuse to hire a woman because she is pregnant. Decisions about work absences or accommodations must be based on the same policies as the organization uses for other disabilities. Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way that it covers other medical conditions
  • Figure 3.2 shows the types of disabilities associated with complaints filed under the ADA that protects individuals with disabili- ties from being discriminated against in the workplace. It prohibits discrimination based on disability in all employment practices such as job application procedures, hiring, firing, promotions, compensation, and training. Other employment activities covered by the ADA are employment advertising, recruitment, tenure, layoff, leave, and fringe benefits. that
  • The Civil Rights Act of 1991 broadened the relief available to victims of discrimination. One major change in EEO law under CRA 1991 has been the addition of compensatory and punitive damages in cases of discrimination under Title VII and the ADA. Punitive damages are a punishment. Compensatory damages include such things as future monetary loss, emotional pain, suffering, and loss of enjoyment of life. The Uniformed Services Employment & Reemployment Rights Act (USERRA) of 1994 takes on new significance when members of the armed forces were called up following the terrorist attacks of September 2001.
  • Congress has limited the amount of punitive damages allowed in civil rights cases. Table 3.2 shows that the amount of damages depends on the size of the organization charged with discrimination. The limits range from $50,000 per violation at a small company (14 to 100 employees) to $300,000 at a company with more than 500 employees. A company has to pay punitive damages only if it discriminated intentionally or with malice or reckless indifference to the employee’s federally protected rights.
  • Because the developments in the fields of genetics and medicine, more is known about genes associated with risks for developing particular diseases. This is helpful for individuals who can begin to take precautions but raises concerns that employers could use this information when making employment-related decisions. The Genetic Information Nondiscrimination Act of 2008 prohibits these actions by employers. Specifically, Employers may not use genetic information in making decision related to the terms, conditions, or privileges of employment Includes a person ’s genetic tests, genetic test of the person’s family members, and family medial histories Forbids unintentional collection of this data Forbids harassment of employee because of genetic information
  • Executive Order 11246 was issued by President Lyndon Johnson. Covered organizations receiving more than $10,000 from the federal government must take affirmative action, and those with contracts exceeding $50,000 must develop a written affirmative action plan for each of their establishments. Executive Order 11478 was issued by President Richard Nixon. It requires the federal government to base all of its employment decisions on merit and fitness. It specifies that race, color, religion, sex, and national origin may not be considered. Along with the government, it covers all contractors and subcontractors doing at least $10,000 worth of business with the federal government.
  • At a minimum equal employment opportunity requires that employers comply with EEO laws. To enforce these laws, the executive branch of the federal government uses the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Procedures (OFCCP).
  • Figure 3.3 illustrates the number of charges filed with the EEOC for different types of discrimination. Many individuals file more than one type of charge (for instance, both race discrimination and retaliation), so total number of complaints filed with the EEOC is less than the total of the amounts in each category. EEOC reported that charges of employment discrimination hit an all-time high of 99,947 in 2011
  • If the OFCCP finds that a contractor or subcontractor is not in compliance, it has several options: It may notify EEOC (if it has evidence of a Title VII violation). It may advise the Department of Justice to begin criminal proceedings. It may request the Secretary of Labor cancel or suspend any current contracts with the company. It may also request that the Secretary of Labor forbid the firm from bidding on any future contracts.
  • Bona Fide Occupational Qualification (BFOQ) A necessary (not merely preferred) qualification for performing a job. The courts have held that in some situations, a factor such as sex or race may be a bona fide occupational qualification (BFOQ), that is, a necessary (not merely preferred) qualification for performing a job. A typical example is a job that includes handing out towels in a locker room. Requiring that employees who perform this job in the women’s locker room be female is a BFOQ. Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact. Companies can develop and enforce an EEO policy coupled with policies and practices that demonstrate a high value placed on diversity. Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination. To provide reasonable accommodation, companies should recognize needs based on individuals’ religion or disabilities. Employees may need to make such accommodations as adjusting schedules or dress codes, making the workplace more accessible, or restructuring jobs.
  • One way employers can avoid disparate impact is to be sure that employment decisions are really based on relevant, valid measurements. the company’s employment practices lack obvious discriminatory content, but they affect one group differently than others. Examples of employment practices that might result in disparate impact include pay, hiring, promotions, or training.
  • A commonly used test of disparate impact is the four-fifths rule . This test finds evidence of discrimination if the hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. Keep in mind that this test compares rates of hiring, not numbers of employees hired. Figure 3.4 illustrates how to apply the four-fifths rule.
  • Why should companies comply with EEO laws? Most companies recognize the importance of complying with EEO laws: Concern for fairness Avoidance of costly lawsuits True=A, False = B 1. During an interview it is legal to ask only women if they have child-care needs. Answer - False Why not? This would be considered disparate treatment because you are treating interviewees differently based on their gender. 2. Hiring only men to model male underwear is legal. Answer – True, this would be considered a BFOQ 3. If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. Answer - True Why? Because this is considered disparate impact and is defined as a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. 4. Organizations can screen candidates using a test that reliably predicts on-the-job performance. Answer – True What if the test unintentionally causes the organization to hire a disproportionate number of non-minorities? If the organization can prove that the use of the test is a business necessity because it is a valid predictor of job performance than they may be allowed to continue using it. How do you determine adverse impact? Go to next slide
  • For example, accommodations for an employee’s religion often involve decisions about what kinds of clothing to permit or require. LO5 Define sexual harassment, and tell how employers can eliminate or minimize it. Sexual Harassment - Unwelcome sexual advances as defined by the EEOC. religious belief requiring accommodation, the employee should demonstrate this need to the employer. Assuming that it would not present an undue hardship, employers are required to accommodate such religious practices. They may have to adjust schedules so that employees do not have to work on days when their religion forbids it, or they may have to alter dress or grooming requirements. For employees with disabilities, reasonable accommodations also vary according to the individuals’ needs.
  • For employees with disabilities, reasonable accommodations vary according to the individuals ’ needs. As shown in Figure 3.5 , employers may restructure jobs, make facilities in the workplace more accessible, modify equipment, or reassign an employee to a job that the person can perform. Define sexual harassment, and tell how employers can eliminate or minimize it. Sexual Harassment Unwelcome sexual advances as defined by the EEOC. religious belief requiring accommodation, the employee should demonstrate this need to the employer. Assuming that it would not present an undue hardship, employers are required to accommodate such religious practices. They may have to adjust schedules so that employees do not have to work on days when their religion forbids it, or they may have to alter dress or grooming requirements. For employees with disabilities, reasonable accommodations also vary according to the individuals’ needs.
  • Based on Title VII ’s prohibition of sex discrimination, the EEOC defines sexual harassment of employees as unlawful employment discrimination. Under these guidelines, preventing sexual discrimination includes managing the workplace in a way that does not tolerate anybody’s threatening or intimidating employees through sexual behavior.
  • Answer C. Miller vs. Dept. of Corrections On July 18 th , 2005 – The California Supreme Court struck a blow against the "casting couch'' Monday, ruling that an employer can be sued for sexual harassment for signaling that the way to get ahead at work is to sleep with the boss. The 6-0 ruling reinstated a suit by two former state Corrections Department employees who accused a prison warden of having affairs with at least three subordinates, giving them favored treatment, and retaliating against the two female plaintiffs when they complained. Lower courts dismissed the women's suit, saying the warden's alleged conduct may have been unfair but wasn't discriminatory. The two women were not subjected to sexual advances, were not personally treated in a sexually demeaning way and were not denied raises or promotions because of their sex, a state appeals court observed in 2003. But the state's high court said widespread "sexual favoritism'' at work may amount to sexual harassment, even when the plaintiffs haven't been personally harassed. In such an atmosphere, said Chief Justice Ronald George, "the demeaning message is conveyed to female employees that they are viewed by management as 'sexual playthings' or that the way required for women to get ahead in the workplace is by engaging in sexual conduct with their supervisors or the management.'' The ruling continues the expansion of the legal prohibition against sexual harassment, which at first was limited to a ban on demanding sexual favors as the price for workplace advancement. "This decision can and should have a major effect on how a wide variety of industries operate with regard to paramour favoritism,'' said attorney Jeffrey Winikow of the California Employment Lawyers Association, whose members represent employees. Nathan Barankin, spokesman for Attorney General Bill Lockyer, whose office represented the Corrections Department, said the ruling shows that it isn't enough for an employer to ban sexual relationships between supervisors and subordinates. "You must do more to make sure consensual sexual relationships do not create a hostile work environment,'' he said. The suit was filed in 1999 by former prison guard Edna Miller and records manager Frances Mackey, both Corrections Department employees since the 1970s who transferred to Valley State Prison for Women in Chowchilla in the mid- 1990s. Both said they soon learned that the warden, Lewis Kuykendall, was having affairs with correctional counselor Cagie Brown and at least two other subordinates. The suit said Kuykendall's lovers all got special treatment, and Brown was twice promoted over Miller to become her supervisor even though Miller had more experience and education. Kuykendall also allegedly pushed for the promotion of one of his girlfriends, a former secretary, to correctional counselor. Miller said she confronted Brown, then the associate warden, about her affair with Kuykendall in September 1997. The next day, Miller said, Brown grabbed her, pinned her against a filing cabinet and kept her from leaving the office for two hours. Miller said she complained to Kuykendall, who took no action and told her no one would believe her. The court said an internal affairs investigation in 1998 found that Kuykendall's sexual favoritism "was broadly known and resented in the workplace.'' Kuykendall retired from the department as a result of the investigation, and Brown resigned while facing disciplinary charges, the court said. Miller and Mackey said they suffered further harassment and punitive reassignments after complaining to a department investigator. Both became ill at work, blaming stress, and quit their jobs before suing. Mackey died in 2003, and her estate took over the suit.. The case is Miller vs. Department of Corrections, S114097.
  • Like equal employment opportunity, the protection of employee safety and health is regulated by the government. (OSH Act) of 1970 is the most comprehensive U.S. law regarding worker safety. Under OSHA, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards. They must inform employees about hazardous substances, maintain and post records of accidents and illnesses, and comply with NIOSH standards about specific occupational hazards. hazardous substances, maintain and post records of accidents and illnesses, and comply with NIOSH standards about specific occupational hazards. Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety. They may identify and communicate hazards through the job hazard analysis technique or the technic of operatons review. They may adapt communications and training to the needs of different employees, such as differences in experience levels or cultural differences from one country to another. Employers may also establish incentive programs to reward safe behavior.
  • Figure 3.6 shows a sample of OSHA ’s Form 300A, the annual summary that must be posted, even if no injuries or illnesses occurred.
  • OSH Act also grants specific rights to employees. Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety. They may identify and communicate hazards through the job hazard analysis technique or the technic of operations review. They may adapt communications and training to the needs of different employees, such as differences in experience levels or cultural differences from one country to another. Employers may also establish incentive programs to reward safe behavior.
  • Which of the following has FIRST priority for inspection by OSHA officials? Catastrophes and fatal accidents Employee complaints High-hazard industries Imminent danger Answer – D – Imminent danger, catastrophes that have already happened are not as high priority as inspecting situations that have a high probability of causing injury or death (i.e., imminent danger). There is an order of inspection priorities which is: Imminent danger Catastrophes and fatal accidents (in which three or more employees are hospitalized) Employee complaints – of unsafe/unhealthful working conditions High hazard industries Follow-up inspections
  • Figure 3.7 shows the incidences per 100 full-time workers of injuries and illnesses. The OSH Act has raised awareness about safety issues and, as this graph shows, both injuries and illnesses have been on the decline over the years.
  • In 2014, serious work-related injuries cost employers $50 billion. The leading cause was overexertion (for example, excessive lifting, pushing, carrying, or throwing), followed by falls on the same level (rather than from a height, such as a ladder), and falls to a lower level.
  • Many employers establish safety awareness programs to go beyond mere compliance with the OSH Act and attempt to instill an emphasis on safety. A safety awareness program has three primary components: Identifying and communicating job hazards Reinforcing safe practices Promoting safety internationally
  • To ensure safe behaviors, employers should not only define how to work safely but reinforce the desired behavior. Given the increasing focus on international management, organizations also need to consider how to ensure the safety of their employees regardless of the nation in which they operate.
  • The Civil Rights Acts of 1866 and 1871 grants all persons equal property rights, contract rights, and the right to sue in federal court if they have been deprived of civil rights. The Equal Pay Act of 1963 requires equal pay for men and women who are doing work that is equal in terms of skill, effort, responsibility, and working conditions.
  • Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. The Age Discrimination in Employment Act prohibits employment discrimination against persons older than 40. The Vocational Rehabilitation Act of 1973 requires that federal con- tractors engage in affirmative action in the employment of persons with disabilities. The Vietnam Era Veteran’s Readjustment Act of 1974 requires affirmative action in employment of veterans who served during the Vietnam War. The Pregnancy Discrimination Act of 1978 treats discrimination based on pregnancy-related conditions as illegal sex discrimination. The Americans with Disabilities Act requires reasonable accommodations for qualified workers with disabilities. The Civil Rights Act of 1991 provides for compensatory and punitive damages in cases of discrimination. The Uniformed Services Employment and Reemployment Rights Act of 1994 requires that employers reemploy service members who left jobs to fulfill military duties. Under the Genetic Information Nondiscrimination Act (GINA) of 2008, employers may not use genetic information in making decisions related to the terms, conditions, or privileges of employment.
  • Sexual harassment is unwelcome sexual advances and related behavior that makes submitting to the conduct a term of employment or the basis for employment decisions or that interferes with an individual’s work performance or creates a work environment that is intimidating, hostile, or offensive.
  • Employers may identify and communicate hazards through the job hazard analysis technique or the technic of operations review . Employers may also establish incentive programs to reward safe behavior
  • Chapter 3 powerpoint

    1. 1. Copyright © 2014 by the McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin FUNDAM ENTALS OF HUM AN RESOURCE M ANAGEM ENT 5 TH EDITION BY R.A. NOE, J.R. HOLLENBECK, B. GERHART, AND P.M . W RIGHT CHAPTER 3 PRO VIDING EQ UAL EM PLO YM ENT O PPO RTUNITY AND A SAFE W O RKPLACE
    2. 2. 3-2 Need to Know 1. How three branches of government regulate HRM. 2. Major federal laws requiring equal employment opportunity and federal agencies that it. 3. Ways employers can avoid illegal discrimination and provide reasonable accommodation. 4. Sexual harassment and how employers prevent it. 5. Employer’s duties under Occupational Safety and Health Act (OSHA) and its role. 6. Ways employers promote worker safety and health.
    3. 3. 3-3 Regulation of HRM
    4. 4. 3-4 Equal Employment Opportunity (EEO) Equal employment opportunity (EEO)– condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin. Federal government’s efforts in this area include: constitutional amendments Legislation executive orders court decisions
    5. 5. 3-5 Table 3.1: Summary of Major EEO Laws and Regulations
    6. 6. 3-6 EEO: Constitutional Amendments • Abolished slavery in United States. • Has been applied in cases where discrimination involved symbols and incidents of slavery. •Forbids states from taking life, liberty, or property without due process of law. •Prevents states from denying equal protection of discrimination. •Applies to decisions or actions of government or private groups. Thirteenth Amendment Fourteenth Amendment
    7. 7. 3-7 EEO: Legislation • Civil Rights Act of 1866 granted all persons same property rights as white citizens. • Civil Rights Act of 1871 granted all citizens right to sue in federal court if they feel they have been deprived of some civil right. •Men and women in an organization doing the same work must be paid equally. •Equal is defined in terms of skill, effort, responsibility, and working conditions. Civil Rights Acts (1866 & 1871) Equal Pay Act (1963)
    8. 8. 3-8 EEO: Legislation •Prohibits employers from discriminating based on: – Race – Color – Religion – Sex – National origin •Applies to organizations that employ 15 or more. •Prohibits discrimination against workers who are over the age of 40. •Age discrimination complaints make up a large percentage of complaints filed with EEOC. Title VII Civil Rights Act (1964) Age Discrimination in Employment Act (ADEA)
    9. 9. 3-9 Figure 3.1: Age Discrimination Complaints
    10. 10. 3-10 EEO: Legislation • Covered organizations must engage in affirmative action for individuals with disabilities. • Employers are encouraged to recruit qualified individuals with disabilities and make reasonable accommodations to • Requires federal contractors and subcontractors to take affirmative action toward employing veterans Vietnam War veterans. • Covers veterans who served between August 5, 1964 Vocational Rehabilitation Act (1973) Vietnam Era Veteran’s Readjustment Act (1974)
    11. 11. 3-11 EEO: Legislation •Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination. •Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions. •Protects individuals with disabilities from being discriminated against in the workplace. •Prohibits discrimination based on disability in all employment practices. •Employers must take steps to accommodate Pregnancy Discrimination Act (1978) Americans with Disabilities Act (ADA) of 1990
    12. 12. 3-12 Figure 3.2: Disabilities Associated with Complaints Filed under ADA
    13. 13. 3-13 EEO: Legislation • Adds compensatory and punitive damages in cases of discrimination under Title VII and ADA. • Amount of punitive damages is limited by the act and depends on size of the organization charged with discrimination. •Employers must reemploy workers who left jobs to fulfill military duties for up to five years. •Should be in the job they would have held if they had not left to serve in the military. Civil Rights Act (1991) Uniformed Services Rights Act
    14. 14. 3-14 Table 3.2: Maximum Punitive Damages Allowed Under the Civil Rights Act of 1991
    15. 15. 3-15 Genetic Information Nondiscrimination Act of 2008 (GINA)  Employers may not use genetic information in making decision related to terms, conditions, or privileges of employment  Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories  Forbids unintentional collection of this data  Forbids harassment of employee because of genetic information
    16. 16. 3-16 EEO: Legislation •Prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin. •Employers whose contracts meet minimum size requirements must engage in affirmative action. •Requires federal government to base all its employment decisions on merit and fitness. •Also covers organizations doing at least $10,000 worth of business with federal government. Executive Order11246 Executive Order11478
    17. 17. 3-17 The Government’s Role in Providing For EEO: (EEOC)  Responsible for enforcing most of EEO laws.  Investigates and resolves complaints about discrimination  Gathers information  Issues guidelines  Monitors organizations’ hiring practices  Complaints must be filed within 180 days of incident.  EEOC has 60 days to investigate complaint.
    18. 18. 3-18 Figure 3.3: Types of Charges Filed with EEOC
    19. 19. 3-19 Government’s Role in Providing For EEO: Office of Federal Contract Compliance Procedures (OFCCP) • Responsible for enforcing executive orders that cover companies doing business with federal government. • Audits government contractors to ensure they are actively pursuing goals in their affirmative action plans.
    20. 20. 3-20 Businesses’ Role in Providing for EEO: Avoiding Discrimination Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status. A necessary (not merely preferred) qualification for performing a job. The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job. Disparate Treatment Bona Fide Occupational Qualification (BFOQ)
    21. 21. 3-21 Businesses’ Role in Providing for EEO: Avoiding Discrimination •A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. Disparate Impact Four-Fifths Rule
    22. 22. 3-22 Figure 3.4: Applying the Four-Fifths Rule
    23. 23. 3-23 Test Your Knowledge • True = A False = B – During an interview it is legal to ask only women if they have child-care needs. – Hiring only men to model male underwear is legal. – If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. – Organizations can screen candidates using a test that reliably predicts on-the-job performance.
    24. 24. 3-24 Businesses’ Role in Providing for EEO: Avoiding Discrimination Reasonable Accommodation: An employer’s obligation to do something to enable an otherwise qualified person to perform a job.  Companies should recognize needs based on individuals’ religion or disabilities.  Employers may need to make such accommodations as adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs.
    25. 25. 3-25 Figure 3.5: Examples of Reasonable Accommodation under the ADA
    26. 26. 3-26 Businesses’ Role in Providing for EEO: (Avoiding Discrimination) Sexual Harassment: refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: 1. Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s employment, 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
    27. 27. 3-27 Businesses’ Role in Providing for EEO: Avoiding Discrimination • Organizations can prevent sexual harassment by: – Developing and communicating a policy that defines and forbids it – Training employees to recognize and avoid this behavior – Providing a means for employees to complain and be protected
    28. 28. 3-28 Test Your Knowledge A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case? A. No, because they were not directly discriminated against. B. No, because the contact was consensual. C. Yes, because the manager is making others feel uncomfortable. D. Yes, because any consensual relationship in the workplace among employees is prohibited.
    29. 29. 3-29 Workplace Safety: Occupational Safety and Health Act (OSH Act) Authorizes federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. •Established (OSHA). Responsible for: – Inspecting employers – Applying safety and health standards – Levying fines for violation
    30. 30. 3-30 Workplace Safety: Occupational Safety and Health Act (OSH Act) •Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. •Employers must keep records of work-related injuries and illnesses. •Employers must post and annual summary of these records from February 1 to April 30 in the following year. General Duty Clause Specific Duties
    31. 31. 3-31 Figure 3.6: OSHA Form
    32. 32. 3-32 Employee Rights Under the OSH Act  Employees have the right to: 1. Request an inspection. 2. Have a representative present at an inspection. 3. Have dangerous substances identified. 4. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. 5. Have employer violations posted at work site.  Employees have the right to: 1. Request an inspection. 2. Have a representative present at an inspection. 3. Have dangerous substances identified. 4. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. 5. Have employer violations posted at work site.
    33. 33. 3-33 Enforcement of the OSH Act •OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations. •OSHA regulations prohibit notifying employers of inspections in advance.
    34. 34. 3-34 What’s the priority? Which of the following has FIRST priority for inspection by OSHA officials? A. Catastrophes and fatal accidents B. Employee complaints C. High-hazard industries D. Imminent danger
    35. 35. 3-35 Figure 3.7: Rates of Occupational Injuries and Illnesses
    36. 36. 3-36 Top 10 Causes of Workplace Injuries
    37. 37. 3-37 Employer-Sponsored Safety & Health Programs: Identifying & Communicating Job Hazards •Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury. •Method of promoting safety by determining which specific element of a job led to a past accident. Job Hazard Analysis Technique Technic of Operations Review (TOR)
    38. 38. 3-38 Employer-Sponsored Safety and Health Programs •Implementing a safety incentive program to reward workers for their support of and commitment to safety goals. •Start by focusing on monthly or quarterly goals. •Encourage suggestions for improving safety. •Implementing a safety incentive program to reward workers for their support of and commitment to safety goals. •Start by focusing on monthly or quarterly goals. •Encourage suggestions for improving safety. •Cultural differences make this difficult. •Laws, enforcement practices, and political climates vary from country to country. •Companies may operate in countries where labor standards are far less strict than in U.S. •Cultural differences make this difficult. •Laws, enforcement practices, and political climates vary from country to country. •Companies may operate in countries where labor standards are far less strict than in U.S. Reinforcing Safe Practices Promoting Safety Internationally
    39. 39. 3-39 Summary • HRM is regulated by the three branches of government: – Legislative branch develops and enacts laws – Executive branch and its regulatory agencies implement the laws – Judicial branch hears cases related to employment and interprets the law • (EEOC) is responsible for enforcing most EEO laws. It investigates and resolves complaints, gathers information, and issues guidelines.
    40. 40. 3-40 Summary Major federal laws requiring EEO: •Civil Rights Acts of 1866 and 1871 •Equal Pay Act of 1963 •Title VII of the Civil Rights Act of 1964 •Age Discrimination in Employment Act Vocational Rehabilitation Act of 1973 •Vietnam Era Veteran’s Readjustment Act of 1974 •Pregnancy Discrimination Act of 1978 •Americans with Disabilities Act (1990)
    41. 41. 3-41 Summary •Civil Rights Act (1991) •Uniformed Services Employment and Reemployment Act (1994) Constitutional Amendments: •Thirteenth Amendment •Fourteenth Amendment •Civil Rights Act (1991) •Uniformed Services Employment and Reemployment Act (1994) Constitutional Amendments: •Thirteenth Amendment •Fourteenth Amendment Executive Orders: •Executive Order 11246 •Executive Order 11478 Executive Orders: •Executive Order 11246 •Executive Order 11478
    42. 42. 3-42 Summary • The Office of Federal Contract Compliance Procedures (OFCCP) is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government. • Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact.
    43. 43. 3-43 Summary • Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination. • To provide reasonable accommodation, recognize needs based on individuals‘ religion or disabilities. • Organizations can prevent sexual harassment by communicating a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected. • Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination. • To provide reasonable accommodation, recognize needs based on individuals‘ religion or disabilities. • Organizations can prevent sexual harassment by communicating a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.
    44. 44. 3-44 Summary • Under OSHA, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards. • OSHA publishes regulations and conducts inspections. • Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety. • Under OSHA, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards. • OSHA publishes regulations and conducts inspections. • Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.

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