Human Resource Management Federal Employment Guidelines and Laws

Equal Pay Act of 1963 Comparable worth Equal pay for substantially equal work Differences can be based on Seniority Performance

Title VII (Civil Rights Act of 1964 as amended) Prohibits discrimination in employment and compensation based on race, color, religion, sex, or national origin. Created Equal Employment Opportunity Commission (EEOC)

Prejudicial treatment Definition Prima facie case Defense

Unequal or Disparate Treatment Definition Prima facie case Defense BFOQ

Adverse Impact Definition Griggs v. Duke Power Prima facie case 4/5 Rule Defense Albemarle Paper Company v. Moody (valid selection device) New Haven case (Ricci vs DeStefano 2009)

Affirmative Action (Executive Order 11246) Utilization analysis Goals and timetables Action plans Strategies Bakke v. UC Davis 1978

Age Discrimination in Employment Act (ADEA) 1967 as amended Prohibits discrimination in employment against those over the age of 39 Prima facie case - usually statistical Standard was – is age the determinative factor Standard is – action was an age-neutral business necessity Can age be a BFOQ?

Sexual Harassment (Title VII) Quid pro Quo Hostile work environment

Sexual Harassment Claims (EEOC website) FY 1997FY 1999FY 2001FY 2003FY 2005FY 2007FY 2009 Receipts15,88915,22215,47513,56612,67912,51012,696 % of Charges 11.60%12.10%13.70%14.70%14.30%16.00% Filed by Males Resolutions17,33316,52416,38314,53412,85911,59211,948 Settlements1,1781,3611,5681,7831,4711,5711,382 Withdrawals w/Benefits1,2671,2991,4541,3001,1461,1771,285 Administrative Closures6,9085,4124,3063,6002,8082,8042,835 No Reasonable Cause7,1727,2727,3096,7036,3645,2735,695 Reasonable Cause8081,1801,7461,1481, Successful Conciliations Unsuccessful Conciliations , Merit Resolutions3,2533,8404,7684,2313,6873,5153,418 Monetary Benefits (Millions)*$49.50$50.30$53.00$50.00$47.90$49.90$51.50 * Does not include monetary benefits obtained through litigation.

Public Policy Exceptions (44 states) Implied Contract Exceptions (37 states) Good Faith and Fair Dealing (11 states) Alabama, Alaska, Arizona, California, Delaware, Idaho, Massachusetts, Montana, Nevada, Utah, Wyoming Termination/Employment At-Will

Sexual Harassment Quid pro quo Hostile work environment

Americans with Disabilities Act (ADA) Disability definition Essential functions Reasonable accommodations Undue hardship

Civil Rights Act of 1991 Prohibits the use of quotas Prohibits the practice of “race norming” Validated the statistical determination of discrimination and job-relatedness Validated standard of burden of proof placed on defendant Allows for the first time limited money damages for victims of intentional discrimination under Title VII, the Americans with Disabilities Act and the Rehabilitation Act

Other Laws Vietnam Era Veterans Readjustment Act Immigration Reform and Control Act of 1986 Immigration Act of 1990 Drug-Free Workplace Act of 1988 Uniformed Services Employment and Reemployment Rights Act of 1994