This document discusses the legal environment of human resources management. It covers the roles of federal, state, and local governments in employment law and managing areas like unemployment compensation and workers' compensation. Significant employment legislation is reviewed, including the Civil Rights Act of 1964 which established protections around discrimination. Other laws around age discrimination, disabilities, family leave, and international HR concerns are also summarized. The role of the hospitality unit manager is discussed in maintaining compliance and staying up to date on changing employment laws.

1. 1
The Legal
Environment of
Human
Resources
Management
Chapter 2

2. 2
Employment Law
 The body of laws, administrative
rulings, and precedents which
addresses the legal rights of workers
and their employers.

3. 3
The Government’s
Role in the
Management of HR
 Roles of Federal, State & Local Govts
 Unemployment compensation: A
benefit paid to an employee who
involuntarily loses his/her employment
without just cause

4. 4
The Government’s
Role in the
Management of HR
 Worker’s Compensation: A benefit
paid to an employee who suffers a
work-related injury or illness.
 Garnish(ment): A court-ordered
method of debt collection in which a
portion of a worker’s income is paid
directly to one or more of that
worker’s creditors.

5. 5
A Manager’s Review of
Significant Employment
Legislation
 Clayton Act of 1914
 Labor union: An organization that acts on
behalf of its members to negotiate with
management about the wages, hours, and
other terms and conditions of the
membership’s employment.
 Railway Labor Act of 1926
 Interstate Commerce: Commercial
trading or the transportation of persons or
property between or among states.

6. 6
A Manager’s Review of
Significant Employment
Legislation
 Norris-LaGuardia Act of 1932
 Wagner Act of 1935
 Fair Labor Standards Act of 1938

7. 7
A Manager’s Review of
Significant Employment
Legislation
 Title VII: The specific section of the Civil
Rights Act of 1964 that outlaws
discrimination in employment in any
business on the basis of race, color,
religion, sex, or national origin.
 The Civil Rights Act of 1964

8. 8
A Manager’s Review of
Significant Employment
Legislation
 Equal Employment Opportunity
Commission (EEOC): The entity within
the Federal government assigned to
enforcing the provisions of Title VII of the
Civil Rights Act of 1964.
 The Civil Rights Act of 1964

9. 9
A Manager’s Review of
Significant Employment
Legislation
 Sexual Harassment: Unwelcome sexual
advances, requests for sexual favors, and
other verbal or physical conduct of a
sexual nature.
 Affirmative Action; - A Federally
mandated requirement that employers who
meet certain criteria must actively seek to
fairly employ recognized classes of
workers.
 The Civil Rights Act of 1964

10. 10
A Manager’s Review of
Significant Employment
Legislation
 Bona fide occupational qualification
(BFOQ): A specific job requirement for a
particular position reasonably necessary to
the normal operation of a business, and
thus allowing discrimination against a
protected class
 The Civil Rights Act of 1964

11. 11
A Manager’s Review of
Significant Employment
Legislation
 Disparate treatment: The claim that, in
the same situation, one employee was
treated differently than other employees in
the same situation.
 Disparate impact: The claim that an
employer’s action, though not
intentionally discriminatory, still results in
unlawful discrimination. Also known as
adverse impact.
 The Civil Rights Act of 1964

12. 12
A Manager’s Review of
Significant Employment
Legislation
 The Age Discrimination in Employment
Act of 1967
 Older Workers Benefit Protection Act of
1990
 The Pregnancy Discrimination Act of
1978

13. 13
A Manager’s Review of
Significant Employment
Legislation
 The Worker Adjustment & Retraining
Notification Act of 1989 (“Plant Closing
Act”)
 Franchisor: The business entity that has
sold or granted a franchise.

14. 14
A Manager’s Review of
Significant Employment
Legislation
 The Americans with Disabilities Act of 1990
 Reasonable Accommodation: Any
modification or adjustment to a job or the
work environment that will enable a qualified
applicant or employee with a disability to
participate in the application process or to
perform the job’s essential functions.
 The Family Medical Leave Act of 1993

15. 15
The International Legal
Environment for Multi-National
Hospitality Companies
 Expatriate Manager: a citizen of one country
who is a working manager in another country.
 Special International HR Concerns:
 Accrued vacation time
 Quality of training
 Availability of qualified numbers of employees
 Employee and management attitudes toward
gender equality, appropriate dress, work ethic,
religious tolerance, and the rights of minorities

16. 16
The Special Role of the
Hospitality Unit Manager
 Unit Manager: The individual with the
final on-site decision-making authority at
an individual hospitality operation.

17. 17
The Special Role of the
Hospitality Unit Manager
 Ways to keep up-to-date on constantly
changing national, state, and local
legislation:
 Read hospitality industry journals and
publications
 Franchisors updates
 Stay involved in hospitality trade
associations
 Consult chambers of commerce, business
trade associations, and police, fire and
building officials