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Managers and Employment Law
- 2. Role of Managers Planning Organizing Command Coordination Control
- 4. Discrimination Laws •Title VII of the Civil Rights Act of 1964 (Title VII) •Equal Pay Act of 1963 (EPA) •Age Discrimination in Employment Act of 1967 (ADEA) •Americans with Disabilities Act of 1990 (ADA) •Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
- 5. Title VII of the Civil Rights Act of 1964 Race Color National Origin Sex (Gender, Pregnancy, Sexual Orientation) Religion •Hiring and firing; •Compensation, assignment, or classification of employees; •Transfer, promotion, layoff, or recall; •Job advertisements and recruitment; •Testing; •Use of company facilities; •Training and apprenticeship programs; •Retirement plans, leave and benefits; or •Other terms and conditions of employment.
- 6. Equal Pay Act of 1963 •Protects from wage discrimination based on sex •Salary, overtime, bonuses, life insurance, cleaning or gasoline allowances, hotel accomodations, reimbursements, vacation and holiday pay, and benefits.
- 7. Age Discrimination in Employment Act of 1967 •Protects employees and applicants aged 40 and over. •Some states have laws that protect younger employees and applicants from age discrimination. •Aspects include hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
- 8. Americans with Disabilities Act •Titles I and V •Protects employees and applicants with disabilities from discrimination •Reasonable accommodations. •Includes application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
- 9. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) •Protects from discrimination because of genetic information •Prohibits the use of genetic information in making employment decisions. •Genetic tests of individual or family members. •Manifestation of disease or disorder of individual or family members (family medical history). •Includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.
- 10. What Leads to Discrimination Claims? •Act of discrimination •Retaliation •Lack of communication
- 11. Act of Discrimination •Discrimination does occur •Be fair and consistent •Not knowing is not an excuse
- 12. Retaliation •Retaliation is included under the protections •Result of both discriminatory and nondiscriminatory complaints •Retaliation is not committed my managers only
- 13. Lack of Communication •There are many claims of discrimination that are unintentional. •Clearly present intentions with employee.
- 14. References Federal Laws Prohibiting Job Discrimination Questions and Answers (2009, November 21). Retrieved from https://www.eeoc.gov/fact-sheet/federal- laws-prohibiting-job-discrimination-questions-and-answers Laws Enforced by the Employment Litigation Section (2021, March 10). Retrieved from https://www.justice.gov/crt/laws-enforced-employment- litigation-section Equal Pay for Equal Work (n.d.). Retrieved from https://www.dol.gov/agencies/oasam/centers-offices/civil-rights- center/internal/policies/equal-pay-for-equal-work Age Discrimination (n.d.). Retrieved from https://www.eeoc.gov/age- discrimination Employment (Title I) (n.d.). Retrieved from https://www.ada.gov/ada_title_I.htm Your Employment Rights as an Individual with a Disability (1992, January 1). Retrieved from https://www.eeoc.gov/laws/guidance/your-employment- rights-individual-disability Genetic Information Discrimination (n.d.). Retrieved from https://www.eeoc.gov/genetic-information-discrimination Employment and Discrimination: Exploring the Climate of Workplace Discrimination from 1997 to 2018 (2019, August 1). Retrieved from https://www.paychex.com/articles/human-resources/eeoc-workplace- discrimination-enforcement-and-litigation
Editor's Notes
- Managers and Employment Law. Anthony McSwain
- As a manager, there are many roles that you will take on. Henri Fayol, who is known as the founder of modern management methods, coined these five functions of management: planning, organizing, command, coordination, and control. While these are roles and characteristics of effective managers, there is another aspect of management that many may not know or have a good understanding of.
- Other than the roles of management and the operations of the company, what else should a manager know?
- Employment laws, discrimination laws in particular, are some of the most important information that managerial employees should learn. Many managers may not know or fully understand the laws that are in place for the equal treatment of those in the workplace or those that are applying to join the team. Discrimination laws are the most violated and bring the most claims against companies in the United States. Unfortunately, not knowing or understanding the discrimination laws does not excuse the company of liability when they are broken. According to the United States Equal Employment Opportunity Commission (EEOC), the federal laws prohibiting job discrimination are Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Title I and Title V of the Americans with Disabilities Act of 1990, and Title II of the Genetic Information Nondiscrimination Act of 2008.
- Of the discrimination laws, Title VII could be considered the most known. This law protects employees and applicants on the basis of race, color, national origin, sex (including gender, pregnancy, and sexual orientation), and religion. According to the U.S. Department of Justice, under Title VII, it is unlawful to discriminate on these basis in any aspect of employment, including: hiring and firing, compensation, assignment, classification of employees, transfer, promotion, layoff, recall, job advertisements and recruitment, testing, use of company facilities, training and apprenticeship programs, retirement plans, leave and benefits, or other terms and conditions of employment. This law also protects those because of marriage or other association with an individual of a particular race, color, national origin, sex, or religion.
- The Equal Pay of 1963 protects employees from any type of wage discrimination on the basis of sex including pregnancy, gender, or sexual orientation. The protections under this law go beyond salary. The Department of Labor lays out these protections and they include salary, overtime, and bonuses. The Equal Pay Act also includes protections on any type of reimbursements that come with traveling for work. Those reimbursements would include cleaning or gasoline allowances and hotel accommodations. These protections would also go for any type of benefits and vacation and holiday pay.
- The Age Discrimination in Employment Act of 1967 is an anti-discrimination law that protects any employees or applicants over the age of 40. While this federal discrimination law does not protect younger employees from age discrimination, there are some states that have signed laws that do include protections for younger employees or applicants. Like most discrimination laws, this one protects those aged 40 and older from discrimination in aspects of employment including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
- The Americans with Disabilities Act (ADA) is divided into five titles. Titles I and V pertain to employment. The ADA protects employees and applicants from discrimination because of disability in the private sector, and in local and state government The EEOC and ADA defines a disability as a physical or mental impairment that substantially limits a major life activity. Through the protections of the ADA, reasonable accommodations must be given to employees or applicants with a disability unless the employer can show that an accommodation would be an undue hardship. Protections under the ADA include application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
- Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) protects employees and applicants from discrimination because of genetic information. In order to protect from this type of discrimination, GINA prohibits employers and hiring managers from using genetic information in order to make employment decisions. Genetic information can include genetic tests of individuals and family members. Individual and family medical records which contain information regarding the manifestation of a disease, disorder, or future condition are also prohibited in being used in any type of employment decisions. The areas of protection under GINA include hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.
- What leads to claims of discrimination? All claims of discrimination in the workplace are different in what happened and what led up to the event. Looking at the cause of discrimination can be a great way to ensure that you are doing your best to prevent these events from taking place.
- First is the act of discrimination. Unfortunately, discrimination in the workplace happens. Employees and applicants are treated unfairly because of an aspect or characteristic that does not prevent them from providing value to the company. Although, according to the chart provided by the EEOC, a small percentage of claims result in settlement, legal action, or other resolutions, it does not mean that any of these claims are any less important. The one thing that I would stress the most is to be fair. Be fair and consistent in the decisions that you make for all employees and applicants. I would also urge managers to be mindful of the laws and protections granted to employees. As I stated previously, not knowing or understanding the laws and protections does not excuse the act of discrimination and does not free you or the company of liability for violating an employee’s rights.
- Second is retaliation. All of the laws that were discussed include retaliation in their protections. The first steps that many victims of discrimination and even employees who voice nondiscriminatory concerns take is an in-house approach through open door policies. Retaliation comes in the form of “getting back” at an employee who did this. Retaliation is an action that leads to a large number of discrimination claims. Some acts of retaliation are done without merit because the manager simply “thinks” that an employee went over their head and voiced an issue. Retaliation is not an act the is committed solely by managerial employees. Employees can be retaliated against by coworkers for voicing concerns or reporting or witnessing discrimination or harassment. Managers should understand that, along with discrimination, retaliation is a violation of the law and an employee’s rights and could result in disciplinary action. Managers should also watch for signs and complaints of retaliation among coworkers.
- Third is lack of communication. There are discrimination claims that are actually not done intentionally. That does not excuse any discrimination, but it can be avoided. One of the most common ways that this is done is lack of communication. For example, an applicant may be turned down for a job or promotion and they feel that it was because they were discriminated against, when in fact it was because the job had certain job requirements that the applicant did not meet. If the hiring manager did not communicate this through the job posting or interview, then this could be perceived as discrimination. Sometimes as managers our communication should be clearer as to avoid any perception of discrimination.