Human Resources Management Instructor Erlan Bakiev Ph D

Human Resources Management Instructor: Erlan Bakiev, Ph. D. Copyright © 2016 Pearson Education, Inc. 1 -1

Chapter 3 Understanding Equal Opportunity and the Legal Environment Copyright © 2016 Pearson Education, Inc. 3 -2

Chapter Challenges 1. Recognize why understanding the legal environment is important 2. Become aware of conflicting strategies for fair employment 3. Gain mastery of the equal employment opportunity laws Copyright © 2016 Pearson Education, Inc. 3 -3

Chapter Challenges 4. Understand EEO enforcement and compliance 5. Have familiarity with other important laws 6. Ensure avoiding pitfalls in EEO Copyright © 2016 Pearson Education, Inc. 3 -3

The Managerial Perspective Managers must understand the legal issues when making the following decisions: • Which employees to hire • How to compensate employees • What benefits to offer • How to accommodate employees with dependents • How and when to fire employees Copyright © 2016 Pearson Education, Inc. 3 -5

Understanding the Legal Environment Do the right thing Realize the limitations of the HR and legal departments Limit potential liability Copyright © 2016 Pearson Education, Inc. 3 -6

Challenges to Legal Compliance • A dynamic legal landscape • The complexity of laws • Conflicting strategies for fair employment Copyright © 2016 Pearson Education, Inc. 3 -7

Conflicting Strategies for Fair Employment Copyright © 2016 Pearson Education, Inc. 3 -8

Equal Employment Opportunity Laws • The Equal Pay Act of 1963 • Title VII of The Civil Rights Act of 1964 and 1991 amendment • The Age Discrimination in Employment Act of 1967 • The American with Disabilities Act of 1990 • The Vietnam Era Veterans Readjustment Act of 1974 Copyright © 2016 Pearson Education, Inc. 3 -9

Title VII of the Civil Rights Act of 1964 Copyright © 2016 Pearson Education, Inc. 3 -10

Types of Discrimination Illegal under Title VII Disparate treatment Adverse impact Copyright © 2016 Pearson Education, Inc. 3 -11

Defense of Discrimination Charges • Job relatedness • Bona fide occupational qualifications (BFOQs) • Seniority • Business necessity Copyright © 2016 Pearson Education, Inc. 3 -12

Title VII and Pregnancy 1978 • Title VII amended to include protection for someone with the ability to become pregnant and actual pregnancy • Requires employers to treat a pregnant employee in the same way as someone who has a medical condition Copyright © 2016 Pearson Education, Inc. 3 -13

Sexual Harassment Quid pro quo Favor for a favor Hostile work environment Offensive and undesirable Copyright © 2016 Pearson Education, Inc. 3 -14

Reducing Liability Copyright © 2016 Pearson Education, Inc. 3 -15

How to Handle a Sexual Harassment Investigation Timeliness Documentation Employee agreement Resolution Findings of fact Remedy Copyright © 2016 Pearson Education, Inc. 3 -16

EEO Laws Continued The Civil Rights Act of 1991 Employer bears burden of proof Prohibits quotas Allows payment for punitive and compensatory damages Executive Order 11246, 1965 Prohibits discrimination by government and government contractors Required to develop affirmative action programs Copyright © 2016 Pearson Education, Inc. 3 -17

EEO Laws Continued The Equal Pay Act of 1963 Same pay for men and women 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, 1967 (ADEA) Protects employees age 40 and over Copyright © 2016 Pearson Education, Inc. 3 -18

EEO Laws Continued • American with Disabilities Act (1990) o Protects those with disabilities • Physical or mental • Impaired major life activity o Must provide reasonable accommodations for essential job function o Individual must be otherwise qualified for the job Copyright © 2016 Pearson Education, Inc. 3 -19

EEO Laws Continued The Vocational Rehabilitation Act of 1973 The Vietnam Era Veterans Readjustment Act of 1974 Copyright © 2016 Pearson Education, Inc. 3 -20

EEO Enforcement and Compliance Regulatory Agencies o Equal Employment Opportunity Commission (EEOC) • Processes discrimination complaints • Issues written regulations and guidelines • Collects and disseminates information o Office of Federal Contract compliance Programs (OFCCP) • Actively monitors compliance Copyright © 2016 Pearson Education, Inc. 3 -21

EEO Enforcement and Compliance Affirmative Action Plans o Utilization Analysis o Goals and Timetables o Action Plans Reverse Discrimination Copyright © 2016 Pearson Education, Inc. 3 -22

Other Important Laws • Immigration Reform and Control Act of 1986 • Immigration Act of 1990 • Drug-Free Workplace Act of 1988 • Uniformed Services Employment and Reemployment Rights Act of 1994 Copyright © 2016 Pearson Education, Inc. 3 -23

Avoiding Pitfalls of EEO • • • Provide training Establish a complaint resolution process Document decisions Be honest Ask only for information you need to know Copyright © 2016 Pearson Education, Inc. 3 -24

Summary and Conclusions • Why Understanding the Legal Environment Is Important • Challenges to Legal Compliance • Equal Employment Opportunities Laws • EEO Enforcement and Compliance • Other Important Laws • Avoiding Pitfalls in EEO Copyright © 2016 Pearson Education, Inc. 3 -25

Pearson Education, Inc. Copyright © 2016 Pearson Education, Inc. 3 -26