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. 3-3 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

4. 3-4 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Challenges to Legal Compliance  A Dynamic Legal Landscape  The Complexity of Laws

5. 3-5 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Conflicting Strategies for Fair Employment

6. 3-6 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

7. 3-7 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

8. 3-8 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

9. 3-9 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)

10. 3-10 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

11. 3-11 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

12. 3-12 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

13. 3-13 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

14. 3-14 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

15. 3-15 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

16. 3-16 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

17. 3-17 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

18. 3-18 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

19. 3-19 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

20. 3-20 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