Chapter 3 Part 2 Presentation

Immigration Reform and Control Act (IRCA) of 1986 (Cont.) Denied illegal aliens federally funded welfare benefits Legitimized some aliens through an amnesty program Candidates for employment are not required to be U. S. citizens but they must prove they are eligible to work in the United States © 2008 by Prentice Hall

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Passed partly in response to the fact that at least one of the terrorists who blew up World Trade Center (1993) had legally entered on a student visa Places severe limitations on persons who come to United States and remain in the country longer than permitted by their visas and/or persons who violate their nonimmigrant status Three year ban Ten year ban © 2008 by Prentice Hall

Americans with Disabilities Act of 1990 (ADA) Prohibits discrimination against qualified individuals with disabilities Person who has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and has a record of such an impairment, or is regarded as having such an impairment © 2008 by Prentice Hall

Americans with Disabilities Act (ADA) (Cont.) EEOC guidelines on pre-employment inquiries and tests regarding disabilities prohibit inquiries and medical examinations intended to gain information about applicants’ disabilities before a conditional job offer Ask only about potential employees’ ability to do the job, and not about their disabilities © 2008 by Prentice Hall

Civil Rights Act of 1991 Provide appropriate remedies for intentional discrimination and unlawful harassment Codify business necessity and job related Confirm authority and guidelines for finding of disparate impacts under Title VII. Disparate impact occurs when certain actions in the employment process work to the disadvantage of members of protected groups. Concept discussed under the topic of adverse impact. © 2008 by Prentice Hall

Civil Rights Act of 1991 (Cont.) Expand scope of relevant civil rights statutes to provide adequate protection to victims of discrimination Extraterritorial employment Does not apply to U.S. companies operating in other countries if it would violate laws or customs of foreign country Glass Ceiling Act © 2008 by Prentice Hall

Damages Permitted Number of Employees Damages 15-100 $50,000 15-100 $50,000 101-200 $100,000 201-500 $200,000 Over 500 $300,000 © 2008 by Prentice Hall

Glass Ceiling Invisible barrier in organizations that prevents many women and minorities from achieving top-level management positions © 2008 by Prentice Hall

Provide protections to Reservists and National Guard members Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 Provide protections to Reservists and National Guard members Workers entitled to return to civilian employment after completing military service Intended to eliminate or minimize employment disadvantages to civilian careers that can result from service in uniformed services © 2008 by Prentice Hall

State and Local Laws State and local laws affect EEO When EEOC regulations conflict with state or local civil rights regulations Legislation more favorable to women and minorities applies © 2008 by Prentice Hall

Veterans’ Benefits Improvement Act (VBIA) of 2004 Amends portions of the USERRA Enhances housing, education, and other benefits for veterans Requires employers to post a notice informing employees of their rights under USERRA Increases the health care continuation period for employees on military leave from 18 months to 24 months © 2008 by Prentice Hall

Significant U.S. Supreme Court Decisions Griggs v Duke Power Company Albermarle Paper Company v Moody Phillips v Martin Marietta Corporation Espinoza v Farah Manufacturing Company Dothard v Rawlingson University of California Regents v Bakke © 2008 by Prentice Hall

Significant U.S. Supreme Court Decisions (Cont.) American Tobacco Company v Patterson Adarand Constructors v Pena Grutter v Bollinger Gratz v Bollinger O'Connor v Consolidated Coin Caterers Corp. © 2008 by Prentice Hall

Griggs v Duke Power Company Major decision affecting HR management When HR management practices eliminate higher percentage of minority or women applicants, burden of proof on employer to show practice is job related © 2008 by Prentice Hall

Griggs v Duke Power Company (Cont.) Questions in employment procedures that should be avoided if not job related include credit record, conviction record, garnishment record, and education Asking nonjob-related questions is legal; it is how a hiring person uses information that makes it illegal © 2008 by Prentice Hall

Albermarle Paper Company v Moody Reaffirmed idea that any test used in selection process, or in promotion decisions, must be validated if it has an adverse impact on women and minorities © 2008 by Prentice Hall

Phillips v Martin Marietta Corporation (Cont.) Examples of questions that should not be asked are: Do you wish to be addressed as Ms., Miss, or Mrs.? Are you married? Do you have children? Do you plan on having any more children? Where does your spouse work? © 2008 by Prentice Hall

Espinoza v Farah Manufacturing Company Title VII does not prohibit discrimination on basis of lack of citizenship © 2008 by Prentice Hall

Dothard v Rawlingson Impact of decision was height and weight requirements must be job related. Argument does not rebut prima facie evidence showing requirements have discriminatory impact on women, whereas no evidence was produced correlating these requirements with requisite amount of strength thought essential to good performance © 2008 by Prentice Hall

American Tobacco Company v Patterson Allows seniority and promotion systems established since Title VII to stand, although they unintentionally hurt minority workers © 2008 by Prentice Hall

O’Connor v Consolidated Coin Caterers Corp. Declared discrimination is illegal even when all employees are members of the age protected age group. © 2008 by Prentice Hall