Employee Relations and Labor Laws4–What i.docx

Employee Relations and Labor Laws
4–*
What is Employee Relations?TraditionallyEnsuring that people
work well togetherResolving problems between peopleHandling
conflictCompany policiesDealing with performance
issuesDealing with negative behavior at work
4–*
What is Employee Relations? Cont.This role of HR if not done
in a positive way:HR can be viewed as the policeNot
approachablePerceived as aligned only with managementNot
supportiveNot fairNot developmentally focusedAnd in many
companies to be avoided!
4–*
Diversity, Equal Employment,

and Affirmative ActionDiversityThe variety of dimensions
differentiating peopleEqual Employment
OpportunityIndividuals should have equal treatment in all
employment-related actions.Protected ClassIndividuals within a
group identified for protection under equal employment laws
and regulation.Race, ethnic origin, color • Gender •
AgeDisability • Military experience • ReligionMarital
status • Sexual orientation
4–*
Affirmative ActionAffirmative ActionA process in which
employers identify problem areas, set goals, and take positive
steps to enhance opportunities for protected-class members and
to remove the effect of past
discrimination.https://www.youtube.com/watch?v=1lC2Xpgfduk
Reverse DiscriminationOccurs when a person is denied an
opportunity because of preferences give to protected-class
individuals who may be less
qualified.https://www.youtube.com/watch?v=sWCqtJJUogs
4–*
Major Equal Employment Laws and ConceptsCivil Rights Act
of 1964, Title VIICoverageAll private employers with 15 or
more employeesAll educational institutionsState and local
governmentsPublic and private employment agenciesLabor
unions with 15 or more employeesJoint labor/management
apprenticeship committeeEstablished the Equal Opportunity

Commission to enforce the act’s
provisions.https://www.youtube.com/watch?v=sY3y53CGKtE
4–*
Concepts Resulting in
Equal Employment Opportunity
4–*
Figure 4–2
Business Necessity and Job RelatednessBusiness NecessityA
practice that is necessary for safe and efficient organizational
operations.Example- A Chinese firm in the US needing to hire a
Chinese speaking assistant.Bona Fide Occupational
Qualifications (BFOQ)A business characteristic providing a
legitimate reason why an employer can exclude persons on
otherwise illegal bases of consideration.Example- Mandatory
retirement age for airline pilotsDisparate Treatment A situation
that exists when protected-class members are treated differently
from others.https://www.youtube.com/watch?v=QHiA-jdhjUM
4–*
Civil Rights Act of 1991Significant provisions:Employment
practices must be job-related and consistent with business

necessity.Plaintiffs must identify particular employment
practice and show that protected-class status was a factor in the
employment practice.Provided limited compensatory damages
for intentional discrimination.Allows plaintiffs to seek jury
trials.Extended EEO coverage to U.S. citizens
overseas.https://www.youtube.com/watch?v=rerNF29Chzc
4–*
Laws on Sex/Gender Discrimination
4–*
Acts
Pregnancy Discrimination Act (PDA) of 1978
Requires an employer to treat maternity leave the same as other
personal or medical leaves. Employers must treat pregnant
employees the same as other employees.
Family Medical Leave Act (FMLA) of 1990
Requires that individuals be allowed up to 12 weeks of unpaid
leave for family/medical purposes.
Equal Pay Act of 1963
Requires employers to pay similar wage rates for similar work
without regard to gender. Exceptions are permitted for
differences in seniority, performance, output, and other work-
related factors.
Sex/Gender DiscriminationPay Equity (Comparable Worth)The
concept that pay for jobs requiring comparable levels of
knowledge, skill, and ability should be paid similarity, even if
actual duties differ significantly.Arises from the continuing gap

between the earnings of women and men.Courts have
consistently ruled against the concept.Sexual
HarassmentActions that are sexually directed, are unwanted,
and subject the worker to adverse employment conditions or
create a hostile work environment.
Americans with Disabilities Act (ADA)
4–*
ADA Concepts
Disabled Person
Someone who has a physical or mental impairment that
substantially limits life activities, who has a record of such
impairment, or who is regarded as having such and impairment.
Essential Job Functions
Fundamental job duties of the employment position that an
individual with a disability holds or desires.
Reasonable Accommodation
A modification or adjustment to a job or work environment that
enables a qualified individual with a disability to have an equal
employment opportunity.
Undue Hardship
Significant difficulty or expense imposed on an employer in
making an accommodation for individuals with disabilities.
Major Sections of the Americans with Disabilities Act

4–*
Figure 4–4
Other Employment Discrimination Acts
4–*
Act
Age Discrimination in Employment (ADEA)
Prohibits employment discrimination against all individuals age
40 or older working for employers having 20 or more workers.
Does not apply if age is a job-related qualification (BFOQ).
Immigration Reform and Control Act (IRCA)
Prohibits employment discrimination against persons legally
permitted to work in the United States. Requires employers to
document eligibility for employment. Provides penalties for
knowingly employing illegal workers.
Other Types of Discrimination
4–*
Type of Discrimination
Religious Discrimination
Discrimination is illegal unless religion is a bona fide
occupational qualification. Reasonable accommodation is
required.
Genetic Bias Discrimination
Developing area with no clear guidelines as yet on use of
genetic information in employment.

Appearance and Weight Discrimination
Application of workplace dress codes is permitted. Height and
weight-related job requirements must be job-related.
Sexual Orientation
Unfortunately, there is currently no federal statute prohibiting
private sector sexual orientation discrimination in the
workplace. However, if you work for the federal government,
you are protected from sexual orientation discrimination. In
2015, the Equal Employment Opportunity Commission ruled
that sexual orientation discrimination is already illegal
under Title VII of the Civil Rights Act of 1964.
Other Types of Discrimination
4–*
Veterans’ Employment Rights
The Vietnam-Era Veterans Readjustment Act and the Uniformed
Services Employment and Reemployment Act encourage the
employment of veterans and require employers to provide leaves
of absence and reemployment rights for employees called to
active duty.
Seniority and Discrimination
Courts have held that the application of a valid seniority system
does not violate the rights of protected-class individuals.
Conviction and Arrest Records
Employers may not use arrest records in employment decisions.
Conviction records may be used in determining employability if
the offense is job-related.
Equal Employment Charges by Type

4–*
Figure 4–5
Harassment and the
lawhttps://www.youtube.com/watch?v=fA9gaM3nGnY
https://www.youtube.com/watch?v=YHrI-vIeqhA
4–*
*
Harassment-Free Workplace
Harassment
“… any verbal or physical conduct that denigrates or shows
hostility or aversion toward an individual because of his or her
race, color, religion, gender, national origin, age or disability.”
Equal Employment Opportunity Commission, 1993
*
Harassment
“Each and every working person has the legal right to work in
an environment free from harassment.”
Title VII, Civil Rights Act of 1964

*
Harassment
“For all practical purposes, harassment is a form of
discrimination and is illegal.”
“Harassment is present when one or the other individual
indicates that advances, attention, remarks or visual displays are
unwanted and should be ended.”
California Labor Law Digest, 1995
*
Harassment
“To worry and impede by repeated raids; to annoy persistently;
to exhaust, fatigue…”
Webster’s New Collegiate Dictionary
*
What Does Harassment Look Like?
Off-color jokes
Stereotyping racial, ethnic slurs
Derogatory comments
Name calling

Proselytizing
Teasing, hazing
Segregation
Sabotaging or vandalizing work
Intimidating comments
Visual displays, suggestive pictures, posters, calendars or
cartoons
Leering, staring, or gestures
*
What Does Harassment Look Like?
Excessive attention in the form of letters, phone calls, or gifts
Touching: brushes, pats, hugs, shoulder rubs, or pinches
Assault, rape
May be disguised as casual social interactions
Key Words
≈Unwelcome≈
≈Unsolicited≈
*
Harassment can occur...Between a manager and an
employee.Among co-workers.Between employees and non-
employees who have business contacts.The employer can be
held liable for harassment between any parties where a
representative (agent) of the organization is involved.

*
Who Gets Harassed?The subordinate person in a power
relationship.Individuals in non-traditional
occupations.Individuals who are physically or socially isolated
from others (e.g., women in male dominated jobs).
*
Who Gets Harassed? Individuals in low power jobs and
traditionally female occupations (e.g., clerical, customer
service).Young, unmarried women (under
35).Approximately 90% of sexual harassment cases involve
harassment of women by men.
*
Who Does the Harassing?Individuals in positions of POWER
(73% are supervisors or managers).Often harassers are
chronic.Harassers also discriminate, treat others unfairly in
other conditions of employment.
*
Who Does the Harassing? No clearly definable clinical

profile.However harassers tend to…be angry and more hostile in
reaction to conflict.have difficulty expressing their needs
directly.have a high need for power and control.hold negative
attitudes about women and minorities.
*
Why Be Concerned About Harassment?85% of new entrants to
the U.S. labor force over the next decade will be women and
“minorities.”42% of women and 15% of men report being
sexually harassed during their tenure in the
workplace.Increased public awareness (Me Too# movement)
*
Quid Pro Quo HarassmentLinking employment outcomes to
granting sexual favors.Submission to the sexual suggestions
constitutes a term or condition of employment.Where such
action has employment consequences (e.g., promotion,
dismissal).
*
Bottom-UpCritical role of employee voice.Recall: only 5% of
those harassed choose to report!Provide on-going opportunities
for dialogue, input, voicing concerns.Support networking,
affiliation groups (e.g., Levi Strauss).Provide training in

empowerment and assertiveness to all interested parties.
Acts
Pregnancy
Discrimination Act
(PDA) of 1978
Requires an employer to treat maternity leave the
same as other personal or medical leaves.
Employers must treat pregnant employees the
same as other employees.
Family Medical
Leave Act (FMLA
)
of 1990
Requires that individuals be allowed up to 12
weeks of unpaid leave for family/medical purposes.
Equal Pay Act of
1963
Requires employers to pay similar wage rates for
similar work without regard to gender. Exceptions
are permitted for differenc
es in seniority,
performance, output, and other work
-
related
factors.
ADA Concepts

Disabled Person
Someone who has a physical or mental impairment
that substantially limits life activities, who has a
record of such impairment, or who is regarded as
having such and impairment.
Essential Job
Functions
Fundamental
job duties of the employment position
that
an individual with a disability holds or desires.
Reasonable
A
ccommodation
A modification or adjustment
to a job or work
environment that enables a qualified individual with
a disability
to have an equal employment
opportunity
.
Undue Hardship
Significant difficulty or expense imposed on an
employer in making an accommodation for
individuals with disabilities.
Act

Age Discrimination
in Employment
(ADEA)
Prohibits employment discrimination against all
individuals age 40 or older working for employers
having 20 or more workers. Does not apply if age
is a job
-
related qualification
(BFOQ)
.
Immigration Reform
and Control
Act
(IRCA)
Prohibits employment discrimination against
persons legally permitted to work in the United
States. Requires employers to document
eligibility for employment. Provides penalties for
knowingly employing illegal workers.
Religious Discrimination Discrimination is illegal unless
religion is a
bona fide occupational qualification.
Reasonable accommodation is required.
Genetic Bias
Discrimination
Developing area with no clear guidelines
as yet on use of genetic information in
employment.

Appearance and Weight
Discrimination
Application of workplace dress codes is
permitted. Height and weight -related job
requirements must be job -related.
Sexual Orientation Unfortunately, there is currently no federal
statute prohibiting private sector sexual
orientation discrimination in the workplace.
However, if you work for the federal
government, you are protected from sexual
orientation discrimination. In 2015, the Equal
Employment Opportunity Commission ruled th at
sexual orientation discrimination is already
illegal under Title VII of the Civil Rights Act of
1964.
Veterans’
Employment Rights
The Vietnam
-
Era Veterans Readjustment Act and
the Uniformed Services Employment and
Reemployment Act encourage the employment of
veterans and require employers to provide leaves
of absence and reemploymen
t rights for
employees called to active duty.
Seniority and
Discrimination
Courts have held that the application of a valid
seniority system does not violate the rights of

protected
-
class individuals
.
Conviction and
Arrest Records
Employers may not use ar
rest records in
employment decisions. Conviction records may
be used in determining employability if the
offense is job
-
related.

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