Human resource management 8e by gomez mejia 2016 chapter 03
Bạn đang xem bản rút gọn của tài liệu. Xem và tải ngay bản đầy đủ của tài liệu tại đây (2.23 MB, 25 trang )
Chapter 3
Understanding Equal Opportunity and the Legal
Environment
Copyright © 2016 Pearson Education, Inc.
3-1
Chapter Challenges
1.
2.
3.
Recognize why understanding the legal environment is important
Become aware of conflicting strategies for fair employment
Gain mastery of the equal employment opportunity laws
Copyright © 2016 Pearson Education, Inc.
3-2
Chapter Challenges
4.
5.
6.
Understand EEO enforcement and compliance
Have familiarity with other important laws
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.
3-4
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.
3-5
Challenges to
Legal Compliance
•
•
•
A dynamic legal landscape
The complexity of laws
Conflicting strategies for fair employment
Copyright © 2016 Pearson Education, Inc.
3-6
Conflicting Strategies for Fair Employment
Copyright © 2016 Pearson Education, Inc.
3-7
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.
3-8
Title VII of the Civil Rights Act of 1964
Copyright © 2016 Pearson Education, Inc.
3-9
Types of Discrimination
Illegal under Title VII
Disparate treatment
Adverse impact
Copyright © 2016 Pearson Education, Inc.
3-10
Defense of
Discrimination Charges
•
•
•
•
Job relatedness
Bona fide occupational qualifications (BFOQs)
Seniority
Business necessity
Copyright © 2016 Pearson Education, Inc.
3-11
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.
3-12
Sexual Harassment
Quid pro quo
Favor for a favor
Hostile work environment
Offensive and undesirable
Copyright © 2016 Pearson Education, Inc.
3-13
Reducing Liability
Copyright © 2016 Pearson Education, Inc.
3-14
How to Handle a Sexual Harassment Investigation
Timeliness
Documentation
Employee agreement
Resolution
Findings of fact
Remedy
Copyright © 2016 Pearson Education, Inc.
3-15
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.
3-16
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.
3-17
EEO Laws Continued
•
American with Disabilities Act (1990)
o
Protects those with disabilities
Physical or mental
Impaired major life activity
o
o
Must provide reasonable accommodations for essential job function
Individual must be otherwise qualified for the job
•
•
Copyright © 2016 Pearson Education, Inc.
3-18
EEO Laws Continued
The Vocational Rehabilitation Act of 1973
The Vietnam Era Veterans Readjustment Act of 1974
Copyright © 2016 Pearson Education, Inc.
3-19
EEO Enforcement and Compliance
Regulatory Agencies
o
o
Equal Employment Opportunity Commission (EEOC)
Processes discrimination complaints
Issues written regulations and guidelines
Collects and disseminates information
Office of Federal Contract compliance Programs (OFCCP)
Actively monitors compliance
•
•
•
•
Copyright © 2016 Pearson Education, Inc.
3-20
EEO Enforcement and Compliance
Affirmative Action Plans
Utilization Analysis
Goals and Timetables
Action Plans
Reverse Discrimination
o
o
o
Copyright © 2016 Pearson Education, Inc.
3-21
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.
3-22
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.
3-23
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.
3-24
Pearson Education, Inc.
Copyright
Click to edit Master text styles
Second level
Third level
Fourth level
Fifth level
Copyright © 2016 Pearson Education, Inc.
3-25
