1. Chapter 3 Part 2 • MGT 3513 • Dr. Barnett
The Legal Environment
Chapter 3 Part 2 • MGT 3513 • Dr. Barnett
Now is the time to silence and put away all cell phones.

2. Affirmative Action Executive Order 11246 What is affirmative action?
Practice in which employer’s identify conspicuous imbalances in their workforce & take steps to correct under-representation of protected classes

3. Affirmative Action
Are all organizations in the U.S. required to have an affirmative action program (AAP)?
No! AA applies only to contractors supplying goods and services to the federal government
Private sector employees may choose to have a voluntary affirmative action program, but only in response to a “conspicuous imbalance”

4. Affirmative Action What does an Affirmative Action Program involve?
Organizational profile - workforce analysis
Job group analysis
Availability analysis
Comparison with current job incumbents
Identification of problem areas
Placement goals
Action-oriented program

5. Example Affirmative Action Program

10. Affirmative Action Plans
Any plan must be “reasonable”
Goal of minority employment cannot exceed percentage of qualified minorities in the market
Plan must be temporary
Plan cannot unduly harm opportunities for white males

11. Affirmative Action: Fact & Fiction
If candidates are _________________, you may consider race, sex, age, or other characteristics
Cannot hire someone who is _________________based on a protected characteristic (Has this ever happened? Yes. Is it legal? No.)
Affirmative action cannot be used in _________________
_________________are most common approaches to affirmative action
Quotas are _________________except in the most extreme cases

12. Pros and Cons of AAPs In favor Opposed Helps to reduce discrimination
Don’t have to hire unqualified people
Some say “reverse discrimination” isn’t a big problem
Opposed
Some argue that it may be abused by employers
Incompetence assumption
Opposition to consideration of demographics

13. Affirmative Action Hiring & the Incompetence Assumption
Becky has been hired by Commons Construction which is a company that has several high dollar governmental contracts. Becky and Bob (a white male applicant), made it to the final round of interviews. They were equally qualified; however, Becky was selected because the company has an AAP with a goal to increase the number of minority females in the company.
Is the company’s hiring decision legal?

14. Affirmative Action Hiring & the Incompetence assumption
Later, when Becky has just finished training and begun her job she makes several mistakes. These are common mistakes of any newcomer; however, the talk around the office attributes Becky’s mistakes to the fact that she is a female.
Incompetence assumption

15. Practice Question
The incompetence assumption occurs when an employee is perceived as incapable because
s/he is truly incompetent
s/he is a member of a protected class and was hired when an affirmative action plan was in place
s/he cannot perform the job

16. Questions on Equal Employment Opportunity
Age Discrimination in Employment Act of 1967
Who does this law protect?
What actions by the employer are addressed?
What is the Older Workers Protection Act?

17. Questions on Americans with Disabilities Act (ADA)
Individuals with disabilities are people who have a physical or mental impairment that substantially affects one or more major life activities. What are some major life activities?
How can a person be perceived to be disabled?
What are some specific things that are not considered a disability?
When are intellectual disabilities covered by the ADA?

18. Questions on the ADA (continued)
What is an essential function?
What is a reasonable accommodation?
Examples (may come from text or other source)
What is an undue hardship?

19. ADA How should a short-term disability be treated? Less than 6 months
Walgreen’s Clip
money/
What percentage of workers in the Walgreens department have a disability?
What accommodations did Walgreens make?
Disabled workers at Walgreens have lower rates of _________, ___________, and __________?

20. Disabilities and the workplace
We’ll discuss how a company should handled disabled job applicants and disabled employees.
Before a job offer has been made
After a job offer has been made
During employment

21. What questions can I ask a disabled job applicant?
Before employment offer
Must I consider someone with a disability for a job?
Examples of topics that should be off-limits
Job-related questions such as
Do you need an accommodation during the application process?
Past workplace violence
Current drug use

22. What questions can I ask a disabled job applicant?
After employment offer
Employment tests –
Medical examination –
During employment
Medical information –
Request for accommodation –

23. Practice Question
Bo’s Building Supply is currently seeking an administrative assistant. Several qualified individuals apply and the company interviews them. Bo’s makes a job offer to one of the job applicants, and the applicant accepts the offer. However, the applicant fails to pass a medical examination.
Must the company uphold the job offer?

24. Practice Question
Marcos Manufacturing recently begun doing business with companies in foreign countries such as China and Russia. Marcos places several ads for foreign liaison/sales representatives. Being able to communicate in another language is critical to performing the job.
Jane applies for the job. While she is fluent in several Chinese dialects, she is hearing impaired.
For Jane to perform the job, an interpreter must be hired (which is very expensive). Does the company have to hire Jane along with an interpreter?

25. The EEOC What does the EEOC stand for?
What are the three major functions of the EEOC?

26. Questions on Other Laws
What does the Immigration Reform and Control Act of 1986 require?
What is the Uniformed Services Employment and Reemployment Rights Act of 1994?

27. Questions on Other Laws
Immigration Reform and Control Act of 1986
Form I-9
Certain documents establish ___________________ and ______________________.
An employer should NOT tell employees which documents to provide or require more documents than the minimum requirement.
_____________ employees hired after 1986 must complete a Form I-9.
Retention of Records
After an employee is terminated, an I-9 should be retained 3 years from the date the employee started work OR one year from the date the employment terminates (whichever is later).

28. Useful Department of Justice Website
Americans with Disabilities Act
Questions and Answers: