1. 1 The Legal Environment of Human Resources Management Chapter 2

2. 2 Employment Law The body of laws, administrative rulings, and precedents which addresses the legal rights of workers and their employers.

3. 3 The Government’s Role in the Management of HR Roles of Federal, State & Local Govts Unemployment compensation: A benefit paid to an employee who involuntarily loses his/her employment without just cause

4. 4 The Government’s Role in the Management of HR Worker’s Compensation: A benefit paid to an employee who suffers a work-related injury or illness. Garnish(ment): A court-ordered method of debt collection in which a portion of a worker’s income is paid directly to one or more of that worker’s creditors.

5. 5 A Manager’s Review of Significant Employment Legislation Clayton Act of 1914  Labor union: An organization that acts on behalf of its members to negotiate with management about the wages, hours, and other terms and conditions of the membership’s employment. Railway Labor Act of 1926  Interstate Commerce: Commercial trading or the transportation of persons or property between or among states.

6. 6 A Manager’s Review of Significant Employment Legislation Norris-LaGuardia Act of 1932 Wagner Act of 1935 Fair Labor Standards Act of 1938

7. 7 A Manager’s Review of Significant Employment Legislation  Title VII: The specific section of the Civil Rights Act of 1964 that outlaws discrimination in employment in any business on the basis of race, color, religion, sex, or national origin.  The Civil Rights Act of 1964

8. 8 A Manager’s Review of Significant Employment Legislation  Equal Employment Opportunity Commission (EEOC): The entity within the Federal government assigned to enforcing the provisions of Title VII of the Civil Rights Act of 1964.  The Civil Rights Act of 1964

9. 9 A Manager’s Review of Significant Employment Legislation  Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.  Affirmative Action; - A Federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers.  The Civil Rights Act of 1964

10. 10 A Manager’s Review of Significant Employment Legislation  Bona fide occupational qualification (BFOQ): A specific job requirement for a particular position reasonably necessary to the normal operation of a business, and thus allowing discrimination against a protected class  The Civil Rights Act of 1964

11. 11 A Manager’s Review of Significant Employment Legislation  Disparate treatment: The claim that, in the same situation, one employee was treated differently than other employees in the same situation.  Disparate impact: The claim that an employer’s action, though not intentionally discriminatory, still results in unlawful discrimination. Also known as adverse impact.  The Civil Rights Act of 1964

12. 12 A Manager’s Review of Significant Employment Legislation The Age Discrimination in Employment Act of 1967  Older Workers Benefit Protection Act of 1990 The Pregnancy Discrimination Act of 1978

13. 13 A Manager’s Review of Significant Employment Legislation The Worker Adjustment & Retraining Notification Act of 1989 (“Plant Closing Act”)  Franchisor: The business entity that has sold or granted a franchise.

14. 14 A Manager’s Review of Significant Employment Legislation The Americans with Disabilities Act of 1990  Reasonable Accommodation: Any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform the job’s essential functions. The Family Medical Leave Act of 1993

15. 15 The International Legal Environment for Multi-National Hospitality Companies Expatriate Manager: a citizen of one country who is a working manager in another country. Special International HR Concerns:  Accrued vacation time  Quality of training  Availability of qualified numbers of employees  Employee and management attitudes toward gender equality, appropriate dress, work ethic, religious tolerance, and the rights of minorities

16. 16 The Special Role of the Hospitality Unit Manager Unit Manager: The individual with the final on-site decision-making authority at an individual hospitality operation.

17. 17 The Special Role of the Hospitality Unit Manager Ways to keep up-to-date on constantly changing national, state, and local legislation:  Read hospitality industry journals and publications  Franchisors updates  Stay involved in hospitality trade associations  Consult chambers of commerce, business trade associations, and police, fire and building officials