HRM gaining a competitive advantage noe ch003

Human Resource Management:
Gaining a Competitive Advantage
Chapter 3
The Legal Environment: Equal
Employment Opportunity and
Safety
McGraw-Hill/Irwin

Copyright © 2010 by the McGraw-Hill Companies, Inc. All rights reserved.


Learning Objectives
After reading Chapter 3, you should be able to:
• Identify the three branches of government and the role each
plays in influencing the legal environment of HRM.
• List the major federal laws that require equal employment
opportunity and the protections provided by each of these
laws.
• Discuss the roles, responsibilities, and requirements of the
federal agencies responsible for enforcing equal employment
opportunity laws.
• Identify the four theories of discrimination under Title VII of
the Civil Rights Act and apply these theories to different
discrimination situations.

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Learning Objectives
After reading this chapter, you should be able to:
• Discuss the legal issues involved with preferential

treatment programs.
• Identify behavior that constitutes sexual
harassment and list things than an organization
can do to eliminate or minimize it.
• Identify the major provisions of the Occupational
Safety and Health Act (1970) and the rights of
employees that are guaranteed by this act.

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The U.S. Legal System

Legislative Branch
Executive Branch

Judicial Branch

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Branches

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Equal Employment Opportunity
• Equal employment opportunity – the
government's attempt to ensure that all
individuals have an equal chance for
employment, regardless of race, color, religion,
sex or national origin.

• Constitutional Amendments:
– 13th Amendment - abolished slavery
– 14th Amendment - forbids states from denying
equal protection of the laws

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Congressional Legislation
 The Reconstruction Civil Rights Acts
(1866 and 1871)
 Equal Pay Act of 1963
 Title VII of the Civil Rights Act of 1964
 The Age Discrimination in Employment
Act of 1967
 Vocational Rehabilitation Act of 1973

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Congressional Legislation
Vietnam Era Veteran’s Readjustment
Act of 1974
Pregnancy Discrimination Act
Civil Rights Act of 1991
Americans with Disabilities Act of 1990

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Executive Orders

Executive Order 11246 Prohibits government
contactors from discrimination
Executive Order 11478 government employment
policies based on merit
and fitness

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Enforcement of Equal Employment
Opportunity
Two agencies responsible for the enforcement
of these laws and executive orders:

Equal Employment
Opportunity Commission
Office of Federal Contract
Compliance Programs
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Equal Employment Opportunity
Commission
3 major responsibilities of EEOC:
1. Investigate and resolve discrimination complaints
2. Gather information
3. Issue guidelines
Lilly Ledbetter Fair Pay Act

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Office of Federal Contract
Compliance Programs (OFCCP)
3 components:
1. Utilization analysis
2. Goals and timetables
3. Action steps
The OFCCP annually audits government contractors.

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Disparate
Disparate
Treatment
Treatment

33 Types
Types
of
of
Discrimination
Discrimination

Disparate
Disparate
Impact

Impact

Reasonable
Reasonable
Accommodation
Accommodation

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Disparate Treatment
Disparate treatment exists when
individuals in similar situations are
treated differently based upon race,
color, religion, sex, national origin,
age, or disability status.
Bona fide occupational qualifications
(BFOQ)
– UAW V. Johnson Controls, Inc.
– McDonnell Douglas Corp. V. Green
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Disparate Impact
Disparate impact occurs when a neutral
employment practice disproportionately
excludes a protected group from employment
opportunities.
• Four-fifths rule
• Standard deviation rule

– Wards Cove Packing Co. v. Antonio
– Griggs V. Duke Power

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Reasonable Accommodation
Reasonable Accommodation - places a
special obligation on an employer to
affirmatively do something to accommodate
an individual’s disability or religion.
 Religion and Accommodation
 Disability and Accommodation

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Retaliation for
Participation and Opposition
Title VII states that employers cannot retaliate
against employees for either "opposing" a
perceived illegal employment practice or
"participating in a proceeding,” related to an
alleged illegal employment practice.
Employees do not have an unlimited right to talk
about how racist or sexist their employers are.

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Current Issues Regarding Diversity
and Equal Employment Opportunity

Sexual Harassment
Affirmative Action
and
Reverse Discrimination
Outcomes of Americans
with Disabilities Act
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Sexual Harassment
Sexual harassment -unwelcome sexual advances, requests for
sexual favors, and other verbal or physical contact of a
sexual nature constitute sexual harassment when
1. Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual’s employment,
2. Submission to or rejection of such conduct by an individual
is used as the basis or employment decisions affecting such
individual, or
3. Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating
an intimidating, hostile, or offensive working environment.
– Quid Pro Quo harassment
• Bundy V. Jackson
– Hostile Working Environment
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Sexual Harassment
3 critical conditions for Sexual Harassment cases:
1. The plaintiff cannot have "invited or incited" the
advances
2. Harassment must have been severe
3. The court must determine the liability of the
organization for actions of its employees

Preventative steps for firms include development of
a policy statement, training, development of a
reporting mechanism and disciplinary policy.

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Affirmative Action and
Reverse Discrimination
Affirmative Action was conceived of as
a way of taking extra effort to attract and
retain minority employees.
Imposed quota programs
The entire debate over affirmative action
continues to invoke attention.

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Americans with Disabilities Act
Outcomes

Under ADA, a firm must make "reasonable
accommodation" to a physically or mentally
disabled individual unless doing so would impose
"undue hardship.”
Consequences of ADA:
 Increased litigation
 Cases being filed do not reflect Congressional intent
 The act was passed to protect people with major
disabilities
 The law has not resulted in a major increase in the
proportion of people with disabilities who are working.
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Employee Safety
Employee safety is regulated by both
federal and state governments.
The Occupational Safety and Health
Act (OSHA)
– General Duty Clause

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Employee Rights Under OSHA
1. Request an inspection.
2. Have a representative present at inspection.
3. Have dangerous substances identified.
4. By promptly informed about exposure
to hazards and be given access to

accurate records regarding exposures.
5. Have employer violations posted at
the work-site.

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OSHA Inspections

Citations and Penalties
OSHA inspections are conducted by
compliance officers, specially trained
Department of Labor agents.
Violation results in a citation to the employer.
Criminal and civil penalties

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Safety Awareness Programs
Safety awareness programs attempt to instill
symbolic and substantive changes to a safety
program.
3 Components of a Safety Awareness Program:
1. Identify and Communicate Job Hazards
• job hazard analysis technique
• Technic of Operations Review (TOR)
2. Reinforce Safe Practices
3. Promote Safety Internationally

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