Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.

The Legal System in the United States 3-2 Irwin/McGraw-Hill Legislative Branch Executive Branch Judicial Branch Legislative Branch Executive Branch Judicial Branch

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. EEO Laws and Regulations 3-3 Irwin/McGraw-Hill Constitutional amendments 13th amendment 14th amendment Congressional legislation Executive orders Constitutional amendments 13th amendment 14th amendment Congressional legislation Executive orders

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Constitutional Amendments 3-4 Irwin/McGraw-Hill 13th amendment abolished slavery 14th amendment limits actions of government provides “equal protection” requires due process 13th amendment abolished slavery 14th amendment limits actions of government provides “equal protection” requires due process

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Congressional Legislation 3-5 Irwin/McGraw-Hill Reconstruction Civil Rights Acts Equal Pay Act (1963) men & women paid equally for equal work Title VII of Civil Rights Act (1964) covers race,color,religion,sex and national origin 15 or more employees Age Discrimination Act (1967) over 40 years of age 15 or more employees Vocational Rehabilitation Act (1973) affirmative action for people with disabilities Reconstruction Civil Rights Acts Equal Pay Act (1963) men & women paid equally for equal work Title VII of Civil Rights Act (1964) covers race,color,religion,sex and national origin 15 or more employees Age Discrimination Act (1967) over 40 years of age 15 or more employees Vocational Rehabilitation Act (1973) affirmative action for people with disabilities

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Congressional Legislation 3-6 Irwin/McGraw-Hill Vietnam Era Veteran’s Readjustment Act (1974) affirmative action for Vietnam vets Civil Rights Act (1991) adds compensatory and punitive damages Americans with Disabilities Act (1990) prohibits discrimination based on disability “reasonable accommodation” determine “essential” job functions Vietnam Era Veteran’s Readjustment Act (1974) affirmative action for Vietnam vets Civil Rights Act (1991) adds compensatory and punitive damages Americans with Disabilities Act (1990) prohibits discrimination based on disability “reasonable accommodation” determine “essential” job functions

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Executive Orders 3-7 Irwin/McGraw-Hill Number affirmative action targets for women & minorities Number government employment policies based on merit & fitness

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Enforcement of Equal Employment Opportunities 3-8 Irwin/McGraw-Hill Two agencies responsible for the Enforcement are: The Equal Employment Opportunity Commission The Office of Federal Contract Compliance Procedures

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Equal Employment Opportunity Commission 3-9 Irwin/McGraw-Hill Three Major Responsibilities: * Investigating and resolving complaints * Gathering information * Issuing guidelines

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Affirmative Action Plans 3-10 Irwin/McGraw-Hill Utilization analysis Goals and timetables Action steps Utilization analysis Goals and timetables Action steps have three basic components:

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Types of Discrimination 3-11 Irwin/McGraw-Hill Disparate Treatment Disparate Treatment Disparate Impact Disparate Impact Reasonable Accommodation Reasonable Accommodation

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Types of Discrimination 3-12 Irwin/McGraw-Hill Disparate Treatment Disparate Treatment - Show intent? - Prima facie case - Employer’s defense - Plaintiff’s rebuttal - Damages - Key litigation - Yes - member of protected group - show BFOQ - reason a pretext - compensatory/ punitive - McDonnell Douglas v. Green Hopkins v. Price Waterhouse

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Types of Discrimination 3-13 Irwin/McGraw-Hill Disparate Treatment Disparate Treatment Disparate Impact Disparate Impact - Show intent? - Prima facie case - Employer’s defense - Plaintiff’s rebuttal - Damages - Key litigation - Yes - member of protected group - show BFOQ - reason a pretext - compensatory/ punitive - McDonnell Douglas v. Green Hopkins v. Price Waterhouse - No - statistical disparity - show job relatedness - other ways exist - equitable relief - Griggs v. Duke Power Wards Cove v. Atonio

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Types of Discrimination 3-14 Irwin/McGraw-Hill Disparate Treatment Disparate Treatment Disparate Impact Disparate Impact Reasonable Accommodation Reasonable Accommodation - Show intent? - Prima facie case - Employer’s defense - Plaintiff’s rebuttal - Damages - Key litigation - Yes - member of protected group - show BFOQ - reason a pretext - compensatory/ punitive - McDonnell Douglas v. Green Hopkins v. Price Waterhouse - Yes -Failure to be accommodated - Job relatedness and business necessity - compensatory/ punitive -Wal-Mart - No - statistical disparity - show job relatedness - other ways exist - equitable relief - Griggs v. Duke Power Wards Cove v. Atonio

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Retaliation for Participation and Opposition 3-15 Irwin/McGraw-Hill Title VII of the Civil Rights Act of 1964 provides protection for Opposition Participation

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Current Diversity Issues 3-16 Irwin/McGraw-Hill Sexual Harassment Bundy v. Jackson “quid pro quo” Meritor Savings Bank v. Vinson hostile working environment Affirmative action & reverse discrimination Americans with Disabilities Act Sexual Harassment Bundy v. Jackson “quid pro quo” Meritor Savings Bank v. Vinson hostile working environment Affirmative action & reverse discrimination Americans with Disabilities Act

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Employee Safety 3-17 Irwin/McGraw-Hill Occupational Safety and Health Act Rights of Employees request inspection representative present dangerous substances identified informed about hazards violations posted Inspections Penalties Effect increased level of awareness many accidents a result of unsafe behaviors not working conditions Occupational Safety and Health Act Rights of Employees request inspection representative present dangerous substances identified informed about hazards violations posted Inspections Penalties Effect increased level of awareness many accidents a result of unsafe behaviors not working conditions

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Safety Awareness Programs 3-18 Irwin/McGraw-Hill Identifying & communicating hazards Job Hazard Analysis Technique Technique of Operations Review Reinforcing safe practices safety incentive programs focus on jobs focus on type of injury Promoting safety internationally Identifying & communicating hazards Job Hazard Analysis Technique Technique of Operations Review Reinforcing safe practices safety incentive programs focus on jobs focus on type of injury Promoting safety internationally