1. Copyright Atomic Dog Publishing, 2004 Chapter 11 Complying with Workplace Justice Laws

2. Copyright Atomic Dog Publishing, 2004 Outline 11-1 Gaining Competitive Advantage 11-2 HRM Issues and Practices 11-3 The Manager’s Guide

3. Copyright Atomic Dog Publishing, 2004 11-1 Gaining Competitive Advantage Workplace justice laws  Deal with the fairness of organizational practices that dictate the day-to-day treatment of employees Competitive advantage can come from:  Lower litigation costs  Positive employee attitudes and behavior  An excellent company image

4. Copyright Atomic Dog Publishing, 2004 11-2 HRM Issues and Practices Workplace justice and employment discrimination  Sexual harassment  Pregnancy discrimination  Family and medical leave  Fetal protection policies  Discharge and discrimination  Layoffs and discrimination  Early retirement and discrimination Employee privacy rights Wrongful termination and employment-at-will

5. Copyright Atomic Dog Publishing, 2004 Sexual Harassment A long-standing problem Affecting a large percentage of workers, especially women A form of sex discrimination and violates Title VII of the Civil Rights Act Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature

6. Copyright Atomic Dog Publishing, 2004 Problems Caused by Sexual Harassment Increase in employee turnover Increase in absenteeism Decrease in employee morale Lack of effective teamwork Poor productivity Employee stress and/or psychological problems Costly

7. Copyright Atomic Dog Publishing, 2004 EEOC Guidelines on Sexual Harassment Define sexual harassment and stress that such conduct will not be tolerated Establish a complaint procedure Establish a time frame for investigation Establish appropriate penalties Ensure confidentiality Provide protection against retaliation

8. Copyright Atomic Dog Publishing, 2004 Forms of Sexual Harassment Quid pro quo  Latin for “this for that”  The term refers to a situation in which an employee or applicant must provide sexual favors in order to be hired, promoted, granted a pay raise, or allowed to keep a job Hostile environment  Employees are subjected to unwelcome, intimidating working conditions

9. Copyright Atomic Dog Publishing, 2004 Steps an Employer Should Take Dealing with Sexual Harassment Step 1: Establish a written sexual harassment policy Step 2: Provide supervisory training Step 3: Establish investigative guidelines that maintain employee confidentiality Step 4: Establish a committee to investigate claims  Committee should consist of both men and women Step 5: Establish a means of detecting unreported cases of sexual harassment  Examples—attitude surveys and exit interviews

10. Copyright Atomic Dog Publishing, 2004 Pregnancy Discrimination Act of 1978 A form of sexual discrimination and therefore illegal Firms may not discriminate against employees on the basis of pregnancy, childbirth, or related medical conditions Employees who are temporarily unable to perform their jobs adequately because of a pregnancy-related condition must be treated in the same manner as employees who are temporarily disabled for other reasons

11. Copyright Atomic Dog Publishing, 2004 Family & Medical Leave Act of 1993 Includes all employers of 50 or more employees Requires the employer to grant workers up to 12 weeks of unpaid leave per year FMLA may be used to care for a newborn child, an ill family member, or the employee’s own illness

12. Copyright Atomic Dog Publishing, 2004 Fetal Protection Policies (FPPs) Exclude women of childbearing age from jobs that could cause potential reproductive hazards  Examples—those jobs involving toxins and those that can cause sterility, infertility, sperm abnormality, stillbirth, miscarriage, birth defects, or damage to sexual organs Also excludes all women regardless of marital status, use of birth control, or childbearing intention Women are exempt only if they can show proof of surgical sterilization FPPs put management between “a rock and a hard place”

13. Copyright Atomic Dog Publishing, 2004 Guidelines for Dealing with Fetal Protection Policies Support federal research on reproductive risks Estimate the extent of health risk for the firm’s employees Fully inform employees about health risks Consider technological controls Reduce employee exposure to toxic substances Conduct genetic testing Implement a fetal protection policy

14. Copyright Atomic Dog Publishing, 2004 Discharge and Discrimination Employee misconduct  Just cause  Due process  Progressive discipline system Poor performance  Last resort  Discharge was performance based  Non-discriminatory  Employer must provide adequate documentation

15. Copyright Atomic Dog Publishing, 2004 Layoffs and Discrimination Most frequent legal challenge—age discrimination Employer must demonstrate that the layoff was not simply a guise for discrimination Companies must provide adequate documentation to justify decision Must implement layoff in a nondiscriminatory manner, and be able to produce documentation

16. Copyright Atomic Dog Publishing, 2004 Early Retirement and Discrimination Potential age discrimination suits A firm can avoid such charges by asking early retirees to sign written waivers of their right to sue under the ADEA Older Workers Benefit Protection Act (OWBPA)  Enacted in 1990  Written waivers must meet the standards stipulated by the OWBPA

17. Copyright Atomic Dog Publishing, 2004 Provisions of OWBPA & Waivers Be clearly written (i.e., understood by an ordinary person) Inform employees of their rights under ADEA and OWBPA State that employees are not waiving their rights to claims occurring after the waiver is signed Provide the worker with something of value for taking early retirement Give the employee 21 days to consider the waiver Allow employees to revoke their decision up to 7 days after signing the waiver

18. Copyright Atomic Dog Publishing, 2004 Employee Privacy Rights Intrusions on an employee’s privacy can cause:  Resentment  A climate of fear and suspicion  Morale may be negatively affected  Increased turnover  Increased absenteeism  Reduced productivity  Expensive lawsuits

19. Copyright Atomic Dog Publishing, 2004 Information That Could Violate Employee Privacy Rights Home ownership Previous marriages Sexual orientation Parents occupations Previous arrest records

20. Copyright Atomic Dog Publishing, 2004 Privacy Act of 1974 Applies to the public sector employees Employees have the right to:  Determine what information is being kept on them by their employers  Review that information  Correct erroneous information  Prevent the information from being used for a purpose other than that for which it was collected

21. Copyright Atomic Dog Publishing, 2004 Freedom of Information Act of 1966 Purpose of the act is to make most government records available to the public Any individual may gain access to these records with proper authorization Exceptions exist for personnel files and medical information  The public may still be given access to this information if its right to know outweighs the individual’s right to privacy

22. Copyright Atomic Dog Publishing, 2004 Searches Criteria an employer’s search must meet:  Company must have a reasonable basis for conducting the search  A set of written guidelines, issued by the company, should inform employees of its search policy  The person conducting the search should take all precautions to ensure the search is not conducted offensively or abusively

23. Copyright Atomic Dog Publishing, 2004 Surveillance and Monitoring Methods include:  Monitoring phone calls, e-mail, and Internet use  Watching employees through closed-circuit televisions  Using private investigators to watch employees outside the workplace

24. Copyright Atomic Dog Publishing, 2004 Recommendations for Implementing Surveillance & Monitoring Practices Let employees know that they are subject to surveillance and monitoring Explain to employees why surveillance/monitoring is taking place and how it will be implemented Make sure that these activities are conducted for a job-related reason Do not monitor restrooms or lounges unless there is a legitimate need to do so Let employees participate in developing monitoring and surveillance policies

25. Copyright Atomic Dog Publishing, 2004 Workplace Rules Controversial workplace rules:  No smoking rules  Rules governing romantic relationships  Employee misconduct outside the workplace

26. Copyright Atomic Dog Publishing, 2004 Employment-at-Will Employers are free to discharge their employees for any reason, even an unfair one, unless the discharge is limited by contract by federal or state statutes

27. Copyright Atomic Dog Publishing, 2004 Exceptions to the Employment-at-Will Doctrine The public policy exception  Any doctrine that serves the needs of society; if public policy is violated, society will suffer harm The implied contract exception  Statements written in an employee handbook or made during a job interview can imply contractual agreements The good faith and fair dealing exception  Occurs when there is no implied contract between the employer and employee but an implied promise of good faith and fair dealing

28. Copyright Atomic Dog Publishing, 2004 Preventing Wrongful Termination Avoid making any statements that promise long-term employment  Include an at-will statement on the application form  Place a disclaimer in the employee handbook -The handbook is provided as a matter of information and is not to be interpreted as a contract  Train interviewers Ensure that discipline and discharge practices are fair  Make sure the fairness of any discharge can be proven through documentation

29. Copyright Atomic Dog Publishing, 2004 11-3 The Manager’s Guide—Line Managers & Workplace Justice Communicate workplace policies and procedures Create a good work environment Deal effectively with possible policy violations

30. Copyright Atomic Dog Publishing, 2004 HRM Department & Workplace Justice Implement discipline and discharge policies Develop a conflict resolution mechanism Assist managers with workplace justice-related issues

31. Copyright Atomic Dog Publishing, 2004 Conducting a Disciplinary Investigation Step 1: Get the facts Step 2: Review applicable rules Step 3: Meet with the employee Step 4: Decide what kind of discipline, if any, to recommend Step 5: Provide proper documentation

32. Copyright Atomic Dog Publishing, 2004 Investigating Claims of Sexual Harassment Step 1: Determine if the alleged behavior has actually occurred. Step 2: If the alleged behavior has occurred, determine if it could be legally construed as sexual harassment Step 3: Determine appropriate action to take

33. Copyright Atomic Dog Publishing, 2004 Conducting a Disciplinary Conference Step 1: Get the facts Step 2: Arrange for the interview Step 3: Put the employee at ease Step 4: State the facts of the case Step 5: Ask for reasons Step 6: State the company policy that has been violated Step 7: State the reason for the policy and the possible harm caused by the employee’s violation

34. Copyright Atomic Dog Publishing, 2004 Conducting a Disciplinary Conference Step 8: Get the worker to agree on the problem Step 9: If disciplinary action is needed, state the action and the reasons for it Step 10: Involve the employee in a problem-solving discussion Step 11: Have the employee summarize the problem and the agreed-on solution Step 12: Agree on a follow-up date Step 13: End the discussion on a positive note