The Legal Environment Chapter 3 Part 2 MGT 3513 Dr. Marler “I guess I should warn you, if I turn out to be particularly clear, you've probably misunderstood what I've said.” Alan Greenspan

ANNOUNCEMENTS

Chapter 3 Part 2

Affirmative Action  Executive Order What is affirmative action?  Practice in which employer’s identify conspicuous imbalances in their workforce & take steps to correct under-representation of protected classes

Affirmative Action Are all organizations in the U.S. required to have an affirmative action program (AAP)?  No! AA applies only to contractors supplying goods and services to the federal government  Private sector employees may choose to have a voluntary affirmative action program, but only in response to a “conspicuous imbalance”

Affirmative Action What does an Affirmative Action Program involve?  Organizational profile - workforce analysis  Job group analysis  Availability analysis  Comparison with current job incumbents  Identification of problem areas  Placement goals  Action-oriented program

Example Affirmative Action Program

Affirmative Action Plans  Any plan must be “reasonable”  Goal of minority employment cannot exceed percentage of qualified minorities in the market  Plan must be temporary  Plan cannot unduly harm opportunities for white males

Affirmative Action: Fact & Fiction  If candidates are _________________, you may consider race, sex, age, or other characteristics  Cannot hire someone who is _________________based on a protected characteristic (Has this ever happened? Yes. Is it legal? No.)  Affirmative action cannot be used in _________________  _________________are most common approaches to affirmative action  Quotas are _________________except in the most extreme cases

Pros and Cons of AAPs  In favor  Helps to reduce discrimination  Don’t have to hire unqualified people  “Reverse discrimination” isn’t a big problem  Opposed  May be abused by employers  Incompetence assumption  Opposition to consideration of demographics

Affirmative Action Hiring & the Incompetence assumption  Becky has been hired by Commons Construction which is a company that has several high dollar governmental contracts. Becky and Bob (a white male applicant), made it to the final round of interviews. They were equally qualified; however, Becky was selected because the company has an AAP with a goal to increase the number of minority females in the company.  Is the company’s hiring decision legal?

Affirmative Action Hiring & the Incompetence assumption  Later, when Becky has just finished training and begun her job she makes several mistakes. These are common mistakes of any newcomer; however, the talk around the office attributes Becky’s mistakes to the fact that she is a female.  Incompetence assumption

The incompetence assumption occurs when an employee is perceived as incapable because A. s/he is truly incompetent B. s/he is a member of a protected class and was hired when an affirmative action plan was in place C. s/he cannot perform the job Practice Question

Questions on Equal Employment Opportunity  Age Discrimination in Employment Act of 1967  Who does this law protect?  What actions by the employer are addressed?  What is the Older Workers Protection Act?

Questions on Americans with Disabilities Act (ADA)  Individuals with disabilities are people who have a physical or mental impairment that substantially affects one or more major life activities. What are some major life activities?  How can a person be perceived to be disabled?  What are some specific things that are not considered a disability?  When are intellectual disabilities covered by the ADA?

Questions on the ADA (continued)  What is an essential function?  What is a reasonable accommodation?  Examples (may come from text or other source)  What is an undue hardship?

ADA  How should a short-term disability be treated?  Less than 6 months  Walgreen’s Clip  ns_disability.cnnmoney/ ns_disability.cnnmoney/  What percentage of workers in the Walgreens department have a disability?  What accommodations did Walgreens make?  Disabled workers at Walgreens have lower rates of _________, ___________, and __________?

Disabilities and the workplace  We’ll discuss how a company should handled disabled job applicants and disabled employees. 1. Before a job offer has been made 2. After a job offer has been made 3. During employment

What questions can I ask a disabled job applicant?  Before employment offer  Must I consider someone with a disability for a job?  Examples of topics that should be off-limits  Job-related questions such as  Do you need an accommodation during the application process?  Past workplace violence  Current drug use

What questions can I ask a disabled job applicant?  After employment offer  Employment tests –  Medical examination –  During employment  Medical information –  Request for accommodation –

Practice Question  Bo’s Building Supply is currently seeking an administrative assistant. Several qualified individuals apply and the company interviews them. Bo’s makes a job offer to one of the job applicants, and the applicant accepts the offer. However, the applicant fails to pass a medical examination. Must the company uphold the job offer?

Practice Question  Marcos Manufacturing, which has recently begun doing business with companies in China, places an ad for a foreign liaison/sales representative. Being able to communicate in Chinese is critical to performing the job.  Jane applies for the job. While she is fluent in several Chinese dialects, she is hearing impaired.  For Jane to perform the job, an interpreter must be hired (which is very expensive). Does the company have to hire Jane along with an interpreter?

The EEOC  What are the three major functions of the EEOC?

Questions on Other Laws  What does the Immigration Reform and Control Act of 1986 require?  What is the Uniformed Services Employment and Reemployment Rights Act of 1994? 

Questions on Other Laws  Immigration Reform and Control Act of 1986  Form I-9  Certain documents establish ___________________ and ______________________.  An employer should NOT tell employees which documents to provide or require more documents than the minimum requirement.  _____________ employees hired after 1986 must complete a Form I-9.  Retention of Records  After an employee is terminated, an I-9 should be retained 3 years from the date the employee started work OR one year from the date the employment terminates (whichever is later).

Useful Department of Justice Website  Americans with Disabilities Act  Questions and Answers: