LEGAL ENVIRONMENT of HRM

MAJOR EEO LAWS u Equal Pay Act (1963) u Title VII, Civil Rights Act (1964/1991) u Pregnancy discrimination Act (1978) u ADE A (1967/1986) u Immigration Reform/Control Act (1986) u ADA (1990/ADA Amendments Act 2008) u Executive Order u FMLA (1993)

TITLE VII CRA (1991) Prohibits discrimination in any employment- related decision on the basis of race, color, religion, sex, or national origin.

PROTECTED CLASSES u African Americans u Asian Americans u Hispanic Americans u Native Americans u Women

TYPES OF DISCRIMINATION u Disparate Treatment u Individuals are treated differently because of their membership in a protected class. u Disparate Impact u Equal application of an employment standard has an unequal effect.

TYPES OF DISCRIMINATION u Disparate Treatment u Direct discrimination u Unequal treatment u Intentional u Prejudiced actions u Different standards u Disparate Impact u Indirect u Unequal consequences u Unintentional u Neutral actions u Same standards

LITIGATING DISCRIMINATION Ê File with EEOC Ë Prima-facie evidence Ì Employer Response Í Alternative Practice? Î Ruling

PRIMA-FACIE EVIDENCE u Disparate Treatment u Member of protected class u Qualified for job u Not hired u Job remained open

PRIMA-FACIE EVIDENCE u Disparate Impact u Population comparison u Disproportionate numbers

FOUR-FIFTHS RULE u A practice has adverse impact if the hiring rate of a protected class is less than four-fifths of the hiring rate of the group with the highest rate.

EMPLOYER'S RESPONSE u Job relatedness u BFOQ u Business necessity u Seniority system

LITIGATING DISCRIMINATION Ê File with EEOC Ë Prima-facie evidence Ì Employer Response Í Alternative Practice? Î Ruling

TITLE VII REMEDIES u Agreement to cease u Reversal of decision u Affirmative Action u Monetary u Back pay u Litigation costs u Punitive damages u Compensatory damages

ADEA (1967/1986) u Prohibits discrimination in employment against people who are 40 or older. u Prohibits reference to age in job announcements

ADEA: PRIMA-FACIE EVIDENCE Ê At least 40 years old Ë Performing satisfactorily Ì Discharged Í Position filled by younger person

ADEA: EXCEPTIONS u BFOQ u Good cause dismissal u Reasonable factor other than age u Special groups u highly paid executives u public safety positions

ADA (1990) u Prohibits discrimination against individuals with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation.

COMPONENTS OF ADA u Individuals with disabilities: u Persons who have a physical or mental impairment that substantially affects one or more major life functions. u Essential Functions u Primary job duties intrinsic to the job. u Reasonable Accommodation

ADA IMPLICATIONS u Determine essential functions u Remove recruitment barriers u Treat applicants equally u Pre-employment medical exams u Allow applicant to identify self as disabled u Accommodation

EEO IMPLICATIONS u Costs u Validation u Battery of tools u Interview Carefully u Document Decisions