Legal and Ethical Aspects of Personnel Management Advanced Marketing

What is Personnel Management Process of hiring and developing employees so that they become more valuable to the organization

Legal VS Ethical Legal issues are matters that are governed by law Ethical issues may be governed by company policy

Major Legal Aspects to Consider Laws at local, state, and federal jurisdictions regulate how companies conduct staffing and management of employees Title VII of 1964 Civil Rights Act banned most discriminatory hiring practices Three main sensitive areas in personnel management: Equal Employment Opportunity (EEO); Affirmative Action; and Sexual Harrassment

Equal Opportunity EEO Individuals protected from illegal discrimination Based on certain characteristics such race, age, or gender These individuals called “protected class”

Federal Laws Protect the Following Race, ethnic origin, color Gender (women, including those who are pregnant) Age (individuals over 40) Individuals with Disabilities (Physical and Mental) Military Experience (Viet Nam era veterans) Religion (special beliefs and practices)

Purpose of EEO Ensure everyone has equal opportunity of getting a job or being promoted at work 1964 Civil Rights Act, Title VII established EEO

Laws Enforced Under EEO Civil Rights Act Prohibits discrimination based on race, color, religion, nation origin, or sex Civil Rights Act Reaffirms and tightens prohibition of discrimination- Permits law suit for punitive damages in cases of intentional discrimination- burden of proof on employer

Affirmative Action Requires employer to make an extra effort to hire and promote people who belong to a protected class Includes taking specific actions designed to eliminate present effects of past discriminations

Pregnancy Discrimination Act of Prohibits discrimination or dismissal of women because of pregnancy alone; protects job security during maternity leaves Americans with Disabilities Act- Prohibits discrimination against individuals with physical or mental disabilities or chronically ill; requires “reasonable accommodations” be provided

Laws Continues Vocational Rehabilitation Act- Prohibits discrimination on basis of physical or mental disabilities and requires employees be informated about affirmative action plans

Who Most Conform with EEO and Affirmative Action Most employers in US must comply with Title VII Required from private employers with 15 or more persons All educational institutions State, local governments Public and Private Employment Agencies Labor Unions with 15 or more members Joint Labor-Management Committees for Apprenticeship and Training

Sexual Harassment Since 1980, guidelines used from EEO to define “Unwelcome sexual advances for sexual favors, and other verbal or physical conduct of a sexual nature” Includes sexually suggestive remarks, unwanted touching, sexual advances or sexual favors Other verbal or physical conduct of sexual nature

Sexual Harrassment 1993 Supreme Court Ruling-test widened for sexual harassment under civil rights law “would reasonably be perceived, and is perceived as hostile or abusive”- Employees don’t need to demonstrate that they have been psychologically damaged to prove sexual harassment in workplace Simply must prove that environment is hostile

Sexual Harrassment Not Just Problem of Women Recent Supreme Court rulings broaden definition of sexual harassment to include: Same-sex harassment Harrassment of males by femalse

Other Employment Laws Fair Labor Standards Act- minimum wage; overtime, and child labor Employee Polygraph Protection Act- outlaws use of polygraph for employment purposes Privacy Laws- legal righrts regarding who has access to information about work history and job performance Whistleblower Protection Act-

Federal Laws Shaping Personnel Management LawDateDescription National Labor Relations Act 1935 Requires employers to recognize a union chosen by the majority of the employees and to establish procedures governing collective bargaining Age Discrimination in Employment Act 1967, Amended in 1978 and 1986 Prohibits age discrimination against employees between 40 and 65 years of age and restricts mandatory retirement Occupational Safety and Health Act 1970 Establishes mandatory safety and health standards in organizations Vietnam-Era Veterans Readjustment Assistance Act 1974 Prohibits discrimination against disabled veterans and Vietnam-era veterans Mandatory Retirement Act 1978 Prohibits forced retirement of most employees before the age of 70 Immigration Reform and Control Act 1986 Prohibits employers from knowingly hiring illegal aliens and profits employment on the basis of national origin of citizenship Worker Adjustment and Retraining Notification Act 1988 Require employees to provide 60 days/ notice before a facility closes or implements mass layoff Employee Polygraph Protection Act 1988Limits employer’s ability to use lie detector tests Family and Medical Leave Act 1993Permits employees in organizations with 50 or more workers to take up to 12 weeks of unpaid leave for family or medical reasons for each year

Activity Students will view a video. Throughout the movie, students will identify unethical and illegal employment practices. 50 Points