1. 3-1 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Understanding Equal Opportunity and The Legal Environment Chapter 3

2. 3-2 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Chapter 3 Overview  The Legal Environment  Importance of Compliance  Challenges of Compliance  Fair Employment  Equal Employment Opportunity (EEO) Laws  EEO Enforcement and Compliance  Other Important Laws  Avoiding EEO Pitfalls

3. Federal Legislation Regulatory Environment Age Discrimination in Employment Act Americans with Disabilities Act Black Lung Benefits Act Consolidated Omnibus Budget Reconciliation Act Copeland Act Consumer Credit Protection Act Contract Work Hours and Safety Standards Act Davis Bacon Act Drug-Free Workplace Act Employee Polygraph Protectionn Employee Retirement Income Security Act Energy Employees Occupational Illness Compensation Program Equal Pay Act Executive Order 11246 Employee Polygraph Protection Employee Retirement Income Security Act Fair and Accurate Credit Transactions Act Fair Credit Reporting Act Fair Labor Standards Act Family and Medical Leave Act Federal Employees' Compensation Act Federal Insurance Contributions Act Federal Mine Safety and Health Act Health Insurance Portability and Accountability Act Immigration Reform and Control Imigration and Nationality Act Labor-Management Reporting and Disclosure Act Long shore and Harbor Workers' Compensation Act Mental Health Parity Act Migrant and Seasonal Agricultural Worker Protection Act National Labor Relations Act Newborns' and Mothers' Health Protection Act Occupational Safety and Health Act Rehabilitation Act of 1973, Section 503 Sarbanes-Oxley Act Title VII of the Civil Rights Act Uniform Guidelines on Employee Selection Procedures Uniformed Services Employment and Reemployment Rights Vietnam-Era Veterans Readjustment Act Walsh-Healy Act Worker Adjustment and Retraining Notification Act New and/or Revised: FMLA – January 16, 2009 COBRA – February 17, 2009 Lilly Ledbetter – January 29, 2009

4. 3-4 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Understanding the Legal Environment Know the law to…  Do the right thing   Realize the limitations of the HR and legal  HR can’t fix manager’s messes  Create a fair and humane environment  Limit potential liability and costly lawsuits

5. 3-5 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Challenges to Legal Compliance  A Dynamic Legal Landscape  The Complexity of Laws

6. 3-6 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Conflicting Strategies for Fair Employment

7. 3-7 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Equal Employment Opportunity Laws  The Civil Rights Acts of 1964 and 1991  The Equal Pay Act of 1963  The Age Discrimination in Employment Act of 1967  The Americans with Disabilities Act of 1990  The Vietnam Era Veterans Readjustment Act of 1974

8. 3-8 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Title VII of the Civil Rights Act of 1964  Employment decisions―not based on:  Race, Color, Religion, Sex or National Origin  Protected classes defined  African American, Asian American, Native American, Latinos, and women  Discrimination  Disparate treatment  Adverse impact

9. 3-9 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Title VIIContinued Title VII Continued  Four-fifths rule  Defense of Discrimination Charges  Job relatedness  BFOQ―Bona Fide Occupational Qualification  Seniority  Business necessity

10. 3-10 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Title VII Continued  Title VII and Pregnancy (1978)   Sexual Harassment  Quid pro quo (strict liability)  Hostile work environment (reasonable care)

11. 3-11 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Manager’s Notebook Reducing Potential Liability for Sexual Harassment:  Establish a written policy prohibiting harassment  Communicate the policy to employees  Train employees in what constitutes harassment  Establish an effective complaint procedure  Quickly investigate all claims  Take remedial action to correct past harassment  Make sure that the complainant does not end up in a less desirable position if transferred  Follow up to prevent continuation of harassment

12. 3-12 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall How to Handle a Sexual Harassment Investigation  Timeliness  Documentation  Employee agreement  Resolution  Findings of fact  Remedy

13. 3-13 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall EEO Laws Continued  The Civil Rights Act of 1991  Employer bears burden of proof  Prohibits quotas  Allows payment of punitive damages  Executive Order 11246 (1965)  Prohibits discrimination by govt. and govt. contractors  Required to develop affirmative action programs

14. 3-14 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall EEO Laws Continued  The Equal Pay Act of 1963  Same pay to men and women in same job  Can pay differently based on quality or quantity of production  Seniority plans exempt  Does not prohibit use of merit pay  The Age Discrimination in Employment Act of 1967  Protects employees over age 40

15. 3-15 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall EEO Laws Continued  Americans with Disabilities Act (1990)  Protects those with disabilities o Physical or mental o That “impair a major life activity”  Must provide reasonable accommodation for essential job functions  Individual must be otherwise qualified for job

16. 3-16 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Equal Employment Opportunity Laws Continued  The Vocational Rehabilitation Act of 1973  The Vietnam Era Veterans Readjustment Act of 1974

17. 3-17 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall EEO Enforcement and Compliance  Regulatory Agencies  Equal Employment Opportunity Commission (EEOC) o Process Discrimination complaints o Issue written regulations and guidelines o Collects and disseminates information  Office of Federal Contract Compliance Programs (OFCCP) o Actively monitors compliance

18. 3-18 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall EEO Enforcement and Compliance  Affirmative Action Plans  Utilization Analysis―compare: o Organization’s workforce to o Demographic composition of labor force  Establish Goals and Timetables  Action Plans o Decide what steps to take  Reverse Discrimination

19. 3-19 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Other Important Laws  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

20. 3-20 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Avoiding Pitfalls in EEO  Provide Training  Document Decisions  Be Honest  Establish a Complaint Resolution Process  Ask Only for Info You Need to Know

21. 3-21 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Summary and Conclusions  Lawsuits are costly  Equal Employment Opportunity Laws  Pertain to both sexes and same sex issues  Questions asked must be justifiable by the job  Courts upheld affirmative action complaints  To defend a complaint, business must show:  Exercised reasonable care to prevent and correct sexual harassment problems  Internal procedures were viable and plaintiff failed to use them