The Human Resource Environment 1 The Human Resource Environment Trends in Human Resource Management Providing Equal Employment Opportunity and a Safe Workplace Analyzing Work and Designing Jobs

Providing Equal Employment Opportunity and a Safe Workplace 3 C H A P T E R Providing Equal Employment Opportunity and a Safe Workplace Regulation of Human Resource Management Equal Employment Opportunity Government’s Role in EEO Business’s Role in EEO Occupational Safety and Health Employer-Sponsored Safety and Health Programs

Ch. 3 Learning Objectives Explain how the three branches of government regulate human resource management. Summarize the major federal laws requiring equal employment opportunity. Identify the federal agencies that enforce equal employment opportunity, and describe the role of each. Describe ways employers can avoid illegal discrimination and provide reasonable accommodation. McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Ch. 3 Learning Objectives Define sexual harassment and tell how employers can eliminate or minimize it. Explain employers’ duties under the Occupational Safety and Health Act. Describe the role of Occupational Safety and Health Administration. Discuss ways employers promote worker safety health. McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Government Limitations on HRM What types of limitations or restrictions are placed on US companies with regard to the management of human resources? McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Test Your Knowledge Three branches of U.S. government play a role in the legal environment of HRM. The executive office _________; the legislative branch ________; and the judicial branch _________. makes laws; issues directives; interprets laws issues directives, makes laws; interprets laws interprets laws; makes laws; issues directives McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

EEO Opportunity The condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, disability, or national origin. This “condition” is created through: Constitutional amendments Legislation Executive orders McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Constitutional Amendments Thirteenth Amendment Abolished Slavery Covers all individuals Enforced by courts Fourteenth Amendment Provides equal protection for all citizens and requires due process in state action Covers state actions

Legislation Table 3.1 McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Legislation Civil Rights Act 1964 – Title VII Prohibits discrimination based on race, color, religion, sex, or national origin Applies to …. Organizations with 15 or more employees working 20 or more weeks a year involved in interstate commerce State & local governments, employment agencies or labor organizations. McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Test Your Knowledge Which of the following is covered under Title VII of the Civil Rights Act? A group of Hispanic applicants claim that they were discriminated against during the hiring process. A gay man charges that he was discriminated against as reflected in his performance evaluation. A group of women claim they were denied training opportunities that their male counterparts received A group of older workers claim they were laid-off disproportionately in comparison to younger workers. Both A & C McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Legislation Age Discrimination in Employment Act (ADEA) Outlaws discrimination in employment decisions based on a person’s age being over 40. ….whether it’s intentional or not. McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Age Discrimination Complaints 1991-2004 Figure 3.1 McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Legislation Americans with Disabilities Act (ADA) 1990 What is a disability? a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment. McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

ADA Who is covered? What responsibilities do employers have? Far-sighted male who wears corrective lenses Addicted drug user Left-handed woman Person with cancer in remission What responsibilities do employers have? Provide reasonable accommodation to enable the disabled individual to perform the job McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Disabilities Associated with Complaints Filed under ADA Figure 3.2 McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Civil Rights Act of 1991 Allowed for victims of intentional discrimination to be awarded compensatory and punitive damages Table 3.2

Executive Orders Executive order 11246 Executive order 11478 Prohibits federal contractors from discriminating based on race, color, religion, sex, or national origin Required Affirmative Action: Active effort to find opportunities to hire or promote people in a particular group Executive order 11478 Federal government cannot discriminate

Government’s Role in EEO Equal Employment Opportunity Commission Created by CRA 1964 Enforces most EEO laws Receives and investigates complaints Issues guidelines Office of Federal Contract Compliance Enforces Executive Orders (AA plans and compliance) McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Types of Charges Filed with the EEOC Figure 3.3 McGraw-Hill/Irwin © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Avoiding Discrimination Why should companies comply with EEO laws? Key terms to be aware of: Disparate Treatment Disparate Impact Bono Fide Occupational Qualification (BFOQ)

Calculating Disparate Impact

Test Your Knowledge True=A, False = B During an interview it is legal to ask only women if they have child-care needs. Hiring only men to model male underwear is legal. If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. Organizations can screen candidates using a test that reliably predicts on-the-job performance.

Examples of Reasonable Accommodations under the ADA

Preventing Sexual Harassment Sexual Harassment refers to unwelcome sexual advances Quid pro quo Hostile environment Applies to same-sex harassment, male to female, and female to male. How could companies avoid sexual harassment claims?

Test Your Knowledge A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case? No, because they were not directly discriminated against. No, because the contact was consensual. Yes, because the manager is making others feel uncomfortable. Yes, because any consensual relationship in the workplace among employees is prohibited.

Occupational Safety and Health Occupational Safety and Health Act (OSH Act) Authorized establishment and enforcement of occupational safety and health standards Occupational Safety and Health Administration (OSHA) Agency responsible for inspecting employers, applying safety and health standards, and levying fines for violation

Occupational Safety and Health General Duty Clause – employer must provide an employee with a safe place of employment OSHA’s form 300 A – documents work-related injuries and illnesses What rights do employees have?

Occupational Safety and Health Enforcement – OSHA Compliance officers Checks records Takes a tour Employee interviews Discusses findings, notes violations Can OSHA officer’s come by without warning? Do you have to let them in?

Rates of Occupational Injuries and Illnesses Figure 3.8

What’s the priority? Which of the following has FIRST priority for inspection by OSHA officials? Catastrophes and fatal accidents Employee complaints High-hazard industries Imminent danger

Employer Sponsored Safety and Health Programs Safety awareness programs have three primary components: Identifying and communicating hazards Reinforcing safe practices Promoting safety internationally

Reinforcing Safe Practices To enforce safe behaviors, employers should not only define how to work safely, but reinforce the desired behavior. Certain types of injuries can be prevented through: Job analysis Written policies Safety training Protective gear Rewards and sanctions Management support

Video - Women in Male-Dominated Jobs How can organizations assist their female workers with achieving positions that were previously held almost exclusively by male workers? What can organizations do to remove the “glass ceiling”? How would this impact female employees, male employees, and the organization as a whole?

Video - Women in Male-Dominated Jobs What is your personal point of view on women working at jobs once known to be held almost exclusively by men, like heavy equipment operators or construction workers? If you are a male, would you feel comfortable working in a safety sensitive job with a woman teammate? Why or why not? If you are female, what problems do you foresee in trying for a construction worker’s job? How would you handle this? Explain.