Chapter 3 Equal Employment Opportunity and The Legal

Chapter 3 Equal Employment Opportunity and The Legal Environment (Federal and CA State laws) 3 -1 Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall

Understanding the Legal Environment It is important to understand the legal environment to §Limit potential liability and costly lawsuits §Do the right thing (*ethics also ) Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -2

Challenges to Legal Compliance § § § A Dynamic [changing] Legal Landscape The Complexity of Employment Laws Differences between California [FEHA] and Federal [T. VII, CRA 1964/1991] Laws Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -3

Equal Employment Opportunity Laws [Federal “Acts”]—Overview [details follow] § The Civil Rights Acts of 1964 and 1991 § The Equal Pay Act of 1963 § The Age Discrimination in Employment Act of 1967 § The Americans with Disabilities Act of 1990/Rehab. Act of 1973 § The Vietnam Era Veterans Readjustment Act of 1974 [“VEVRA”] Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -4

Title VII of the Civil Rights Act of 1964 § Employment decisions―no discrimination because of: § Race, Color, Religion, National Origin, Sex [includes pregnancy disability] § “Protected classes”—still relevant construct? § Methods of Proving Discrimination: § Disparate treatment § Adverse impact [Four-fifths rule] § Harassment § Gender Stereotyping Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -5

Title VII Continued §Defense of Discrimination Charges Disparate Treatment claims: §Legitimate, non-discriminatory reasons or §[rarely] “BFOQ”―Bona Fide Occupational Qualification Adverse Impact claims: § Job relatedness § Business necessity Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -6

Title VII Continued §Sexual Harassment § Quid pro quo (strict liability) § Hostile work environment (reasonable care) unless §Alleged harasser is a supervisor (strict liability) §Training required by California law Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -7

Manager’s Notebook Reducing Liability for Sexual Harassment: § Establish a written policy prohibiting harassment § Communicate the policy to employees § Train employees in what constitutes harassment § Establish an effective complaint procedure § Quickly investigate all claims § Take remedial action to correct past harassment § Make sure that the complainant does not end up in a less desirable position if transferred § Follow up to prevent continuation of harassment Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -8

EEO Laws Continued § The Civil Rights Act of 1991 § Prohibits quotas or subgroup norming of test scores in voluntary AAPs [see below] § Allows payment of compensatory and punitive damages plus costs and fees § Executive Order 11246 (1965) § Prohibits discrimination by govt. and govt. contractors § Required to develop affirmative action programs Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -9

EEO Laws Continued § The Equal Pay Act of 1963 § Same pay to men & women in same job § May differ based on quality or quantity of production § Seniority plans exempt § Does not prohibit use of merit pay § The Age Discrimination in Employment Act of 1967 § Protects employees over age 40 Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -10

EEO Laws Continued § Americans with Disabilities Act (1990) § Protects those with disabilities § Physical or mental impairment § That “limits a major life activity” § Provide reasonable accommodation for essential job functions § Must be “otherwise qualified” for job § Amended by the ADAAA § CA law -> “substantial limitation” not required Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -11

Equal Employment Opportunity Laws Continued § The Vocational Rehabilitation Act of 1973 § The Vietnam Era Veterans Readjustment Act of 1974 Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -12

EEO Enforcement and Compliance § Regulatory Agencies [EEOC & DFEH] § Equal Employment Opportunity Commission [Fed] § Department of Fair Employment and Housing [CA] § Office of Federal Contract Compliance Programs (OFCCP) § Actively monitors AAP compliance Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -13

Decision Making to Avoid Legal Liability § Managers must be cognizant of the legal landscape and make decisions that help them avoid legal liability § Most employees fall into a protected class [even more so in California!] so sound practice is essential. Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -14

“Only in California!” § FEHA [Fair Employment & Housing Act] prohibits employment discrimination based on race, color, ancestry, national origin, religion, gender, age, disability, marital status, and sexual orientation § Administered by DFEH [Dept. of Fair Employment and Housing]—CA’s “ 706” agency § Generally more protective of employees than comparable federal law, particularly for age, disability, and religion claims § CA sexual orientation protection extends to heterosexual, homosexual, bisexual, and transgender individuals Copyright © 2012 Pearson Education, Inc. publishing as Prentice Hall 3 -15