The Legal Environment of Human Resources Management Chapter 2 The Legal Environment of Human Resources Management

Employment Law The body of laws, administrative rulings, and precedents which addresses the legal rights of workers and their employers.

The Government’s Role in the Management of HR Roles of Federal, State & Local Govts Unemployment compensation: A benefit paid to an employee who involuntarily loses his/her employment without just cause

The Government’s Role in the Management of HR Worker’s Compensation: A benefit paid to an employee who suffers a work-related injury or illness. Garnish(ment): A court-ordered method of debt collection in which a portion of a worker’s income is paid directly to one or more of that worker’s creditors.

A Manager’s Review of Significant Employment Legislation Clayton Act of 1914 Labor union: An organization that acts on behalf of its members to negotiate with management about the wages, hours, and other terms and conditions of the membership’s employment. Railway Labor Act of 1926 Interstate Commerce: Commercial trading or the transportation of persons or property between or among states.

A Manager’s Review of Significant Employment Legislation Norris-LaGuardia Act of 1932 Wagner Act of 1935 Fair Labor Standards Act of 1938

A Manager’s Review of Significant Employment Legislation The Civil Rights Act of 1964 Title VII: The specific section of the Civil Rights Act of 1964 that outlaws discrimination in employment in any business on the basis of race, color, religion, sex, or national origin.

A Manager’s Review of Significant Employment Legislation The Civil Rights Act of 1964 Equal Employment Opportunity Commission (EEOC): The entity within the Federal government assigned to enforcing the provisions of Title VII of the Civil Rights Act of 1964.

A Manager’s Review of Significant Employment Legislation The Civil Rights Act of 1964 Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Affirmative Action; - A Federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers.

A Manager’s Review of Significant Employment Legislation The Civil Rights Act of 1964 Bona fide occupational qualification (BFOQ): A specific job requirement for a particular position reasonably necessary to the normal operation of a business, and thus allowing discrimination against a protected class

A Manager’s Review of Significant Employment Legislation The Civil Rights Act of 1964 Disparate treatment: The claim that, in the same situation, one employee was treated differently than other employees in the same situation. Disparate impact: The claim that an employer’s action, though not intentionally discriminatory, still results in unlawful discrimination. Also known as adverse impact.

A Manager’s Review of Significant Employment Legislation The Age Discrimination in Employment Act of 1967 Older Workers Benefit Protection Act of 1990 The Pregnancy Discrimination Act of 1978

A Manager’s Review of Significant Employment Legislation The Worker Adjustment & Retraining Notification Act of 1989 (“Plant Closing Act”) Franchisor: The business entity that has sold or granted a franchise.

A Manager’s Review of Significant Employment Legislation The Americans with Disabilities Act of 1990 Reasonable Accommodation: Any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform the job’s essential functions. The Family Medical Leave Act of 1993

The International Legal Environment for Multi-National Hospitality Companies Expatriate Manager: a citizen of one country who is a working manager in another country. Special International HR Concerns: Accrued vacation time Quality of training Availability of qualified numbers of employees Employee and management attitudes toward gender equality, appropriate dress, work ethic, religious tolerance, and the rights of minorities

The Special Role of the Hospitality Unit Manager Unit Manager: The individual with the final on-site decision-making authority at an individual hospitality operation.

The Special Role of the Hospitality Unit Manager Ways to keep up-to-date on constantly changing national, state, and local legislation: Read hospitality industry journals and publications Franchisors updates Stay involved in hospitality trade associations Consult chambers of commerce, business trade associations, and police, fire and building officials