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EEO and Legal Issues

Human Resource Management

Equal Employment Opportunity The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner
Legal Environment- Concerns -Fairness issues -Economic disparity -Changing material values -Interest group agendas -Political party mandates -Loop-holes in current legislation
Legal Environment- Laws -Passed by congress -Passed by state legislature -Presidential executive orders *changes go through state court system or federal court system
Legal Environment- Agencies -Federal agencies -State agencies -Independent commissions
Legal Environment- Regulatory Action -Rulings -Written regulations -Complaint investigations -Technical assistance -Lawsuits
Legal Environment- Management Responses -Planning compliance strategies -Formulating appropriate HR policies -Briefing and training employees and managers -Defending lawsuits -Working with government agencies lobbying for policy changes
Purpose of EEO -aimed at solving critical national issues, such as employment inequalities -constituents are not business organizations, but political and social groups wanting to redress past social inequalities
Equal Pay Act of 1963 -Equal pay for equal work standard -established affirmative defenses +merit +seniority +quantity/quality +any factor other than sex
Civil Rights Act (Title VII) 1964 Discrimination prohibited for 5 protected classes: race, color, religion, national origin, and sex **not covered by Title VII: private clubs, religions organizations, places related to Indian reservations.
Bona Fide Occupational Qualification (BFOQ) Company admits illegal discrimination but maintains it was necessary to the operation of the business **e.g. Hooters
Business Necessity Work-related practice that is necessary to the safe and efficient operation of an organization.
Sexual Orientation No federal laws bar discrimination based on one's sexual orientation. Court cases have consistently held that sexual orientation is not a valid defense against discrimination.
Age Discrimination in Employment Act of 1967 Prohibits discrimination with regard to increasing age, required benefit coverage for older workers, protects workers age 40-65. **1978: raise mandatory retirement age to 70 ***1986 no upper age limit
Executive Order 11246 Prohibits discrimination by federal agencies and contractors on the basis of race, color, religion, national origin, (gender added later). Affirmative action established for government contractors. OFCCP created.
Pregnancy Discrimination Act (Amendment to CRA 1964) Prohibits sex-plus discrimination, solidified the inclusion of "sex" in the protected classes of CRA Title VII. Requires pregnancy to be treated like any other disability.
Americans with Disabilities Act Prohibited discrimination against qualified individuals. Required removal of physical barriers.. reasonable accommodation. Excluded illegal drugs,
Disability 1. a physical or mental impairment that substantially limits one or more of the major life activites. 2. a record of such impairment 3. being regarded as having such an impairment. *personality disorders are covered **kleptomania,pyromania,substance a
NOT a Disability -adjustment disorders -stress -poor eyesight, high blood pressure (can be treated -
Civil Rights Act of 1991 Burden of proof (that discrimination did not occur) returned to employer. Punitive damages allowed for intentional discrimination.
Uniformed Services Employment and Reemployment Rights Act Protects against discrimination on the basis of military obligation in hiring, job retention, and advancement. Also employers must make efforts to retrain as needed.
State of North Carolina Private employers may not make employment decisions based on: Age, AIDS/HIV, any type of genetic testing or information, Service in the U.S. military or NC National Guard, Lawful use of any product when not at work (e.g., alcohol, tobacco)
Uniform Guidelines on Employee Selection Procedures A procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions.
Validity Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study.
Prima facie case Denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact
Disparate treatment Employer treats an applicant/employee differently because of his/her protected class status (i.e., different standards for different people)
Disparate impact Employer applies the same standard to all applicants/employees, but the standard affects one group more negatively
Four-fifths rule Hiring rate of protected class is less than 4/5 of the hiring rate of the majority group
Rebuttal to Illegal Discrimination Case -job relatedness -BFOQ -Seniority system -business necessity
Job relatedness Company must show that its procedures are related to employee performance.
Bona Fide Occupational Qualification (BFOQ) Company admits illegal discrimination but maintains it was necessary to the operation of the business
Bona fide seniority system Employment practices that result in unfair discrimination are permitted if the actions are part of a bona fide seniority system e.g last hired, first fired stands in court.
Business necessity Employment practices resulting in unfair discrimination are permitted if the actions are essential to efficient and safe operation of the company
Sexual Harassment (under Title VII) Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment
Quid Pro Quo Harassment Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions.” Involves a tangible or economic consequence, such as a demotion or loss of pay.
Hostile Environment Occurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.”
Oncale v Sundowner Offshore Services (1998) Same-sex sexual harassment (male-to-male, female-to-female) is covered under Title VII.
health benefits to same-sex couples Of the nation’s top 500 companies, 70 percent now offer health benefits to same-sex couples.
University of California at Davis Medical School v. Bakke (1978) School could not set aside seats for minorities; consideration of race in admissions must be narrowly tailored to achieve a compelling interest in diversity
Grutter v. Bollinger (2003) Diversity of student body is compelling interest, and UMich Law School admissions policy is narrowly tailored to meet that interest
Gratz v. Bollinger (2003) Diversity of student body is a compelling interest, but the University of Michigan undergraduate admissions policy was not narrowly tailored to meet that interest
United Steelworkers of America v. Weber (1979): Court supported company’s voluntary affirmative action training program for minorities.
Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986): Affirmative action may not take precedence over a seniority system
Johnson v. Santa Clara County Transportation (1987): Preferential treatment based on AA goals permitted if non-minorities protected.
Created by: 1087860217