1. Examining Legal Issues in HR OS352 HRM Fisher Sept. 7, 2004

2. Agenda Cover harassment, updates from last week Discuss Supreme Court cases – Which law(s) applied? – What other issues does this raise? In-class writing

3. Harassment Sexual harassment is a form of sex discrimination (EEOC, 1980) – Actions held as condition of employment or that create a hostile or offensive working environment Hard to clearly define – “ reasonable woman ” standard Employer liability – Failure to take corrective action – Failure to have/use reporting procedures – Zero tolerance policy can provide protection

4. Pre-existing Medical Conditions HIPAA (Health Insurance Portability and Accountability Act) – Limits pre-existing conditions to seeking medical help on a condition within six months prior to enrollment – Maximum exclusion period is 12 months, but is reduced by periods of “ creditable coverage ” – why COBRA is so important – Pregnancy, children under 18, and genetic information are always exempt – See http://www.dol.gov/ebsa/PDF/hippa.pdf for more informationhttp://www.dol.gov/ebsa/PDF/hippa.pdf Uniform application of coverage is a key issue

5. WalMart Sex Discrimination Case Initiated by Betty Dukes in San Francisco According to statistics commissioned by the plaintiffs in 2001, Wal-Mart paid men more than women on average in every job category and the higher the job, the greater the difference. – Male district managers made 35 percent more than females; – Male regional vice presidents, 50 percent more than females. – Women filled only 10 percent of those top jobs. Source: http://www.pbs.org/newshour/bb/business/july-dec04/walmart_7-5.htmlhttp://www.pbs.org/newshour/bb/business/july-dec04/walmart_7-5.html Video: http://www.pbs.org/newshour/bb/business/july-dec04/walmart_7-5.html#

6. Supreme Court cases Split into groups based on the case you chose – Pennsylvania State Police v. Suders – Central Laborers' Pension Fund v. Heinz – General Dynamics Land Systems, Inc. v. Cline – Raytheon Co. v. Hernandez Discuss the three questions – What were the issues at stake? – Which law was addressed? – What was the outcome?

7. Discussion questions How does the legal environment affect the role of HR in organizations? How does it impact the goals of HR? What steps can organizations take to avoid illegal discrimination?

8. In-class writing What can individual managers do to help the organization avoid legal troubles?

9. For next class Topic: Health and Safety – Review pages 88-95 in textbook – Will examine OSHA fact sheets from scavenger hunt Exercise 1 due at beginning of class First evening speaker on Thursday, 9/9 at 7:00 pm (Alcoa managers speaking about safety)