Legal Issues in HR OS352 HRM Fisher Jan 19, 2005

Agenda Collect Exercise 1 Review key laws affecting HR Why are these laws necessary?

An introductory case When watching the video, consider these questions – What are charges against WalMart? – Which law(s) did they violate? – What did WalMart really do wrong? Source: Video:

Fairness in the workplace Providing equal employment opportunity is all about fairness Many different ways of thinking about fairness, organizational justice – Equity vs. equality – Distributive vs. procedural – Societal level vs. individual level

Discussion questions Why is fairness important in organizations? What is the difference between fair and legal?

Types of discrimination Disparate treatment – Exception: BFOQs Disparate impact – Four-fifths rule (will address more when we talk about selection) Reverse discrimination – At issue in University of Michigan case

Civil Rights Act (Title VII) Employers may not discriminate on the basis of race, color, sex, religion, or national origin Applies to employers with 15 or more employees, employment agencies, and labor unions

Americans with Disabilities Act Protects against discrimination of individuals with disabilities Applies to employers with 15 or more employees Requires “ reasonable accommodation ” Key sticking point has been definition of disability – Toyota v. Williams (2002)

Family and Medical Leave Act Provides for 12 weeks unpaid leave for pregnancy, illness, or family illness Employer must provide position of similar responsibility upon return Applies to organizations with 50 or more employees Issues with FMLA?

California: First Paid Family Leave Law in the US Family Temporary Disability Insurance (FTDI) Provides 55% of pay for up to six weeks annually Funded by additional payroll taxes Projected benefits – Can actually take leave – Decrease turnover, increase commitment Projected burden to employers – Increased absenteeism – Extends leave laws to smaller businesses

Other important legislation Equal Pay Act Age Discrimination Act Pregnancy Discrimination Act Civil Rights Act of 1991 Health Insurance Portability and Accountability Act

EEOC Established by the Civil Rights Act Handles complaints and grievances – Investigates charges – Seeks voluntary resolution – Issues Right-to-Sue or brings suit in federal court Has right to sue in its own name (EEOC v. Waffle House) Remediation options – Monetary damages – Corrective actions (EEOC v. WalMart)

Affirmative Action Contractors to the federal government must have AAPs – Utilization analysis – Goals and timetables (but not quotas) – Action steps But, organizations cannot hire on the basis of race, sex, and so on. How can both of these requirements be met?

Harassment Sexual harassment is a form of sex discrimination (EEOC, 1980) – Actions held as condition of employment or that create a hostile or offensive working environment Hard to clearly define – “ reasonable woman ” standard Employer liability – Failure to take corrective action – Failure to have/use reporting procedures – Zero tolerance policy can provide protection

For next class Read and summarize one of the following 2003 Supreme Court opinions dealing with an HR issue – Pennsylvania State Police v. Suders – Central Laborers' Pension Fund v. Heinz – Raytheon Co. v. Hernandez Answer these questions – What were the issues at stake? – Which law was addressed? – What was the outcome? Summary should be word processed and will be collected at the end of class