McGraw-Hill/Irwin
Copyright © 2014 by the McGraw-Hill Companies, Inc. All rights reserved.
Regulation of HRM
LEGISLATIVE
BRANCH
EXECUTIVE
BRANCH
JUDICIAL
BRANCH
• Has enacted a
number of laws
governing HR
activities.
• Responsible for
enforcing the
laws.
• Includes the
regulatory
agencies that
the president
oversees.
• Interprets the
law.
• The Supreme
Court is the
court of final
appeal.
• Its decisions are
binding.
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Equal Employment Opportunity (EEO)

Equal employment
Federal government’s
opportunity (EEO)–
efforts in this area
condition in which all
include:
individuals have an
 constitutional
equal chance for
amendments
employment, regardless
 Legislation
of their race, color,
 executive orders
religion, sex, age,
 court decisions
disability, or national
origin.
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Table 3.1: Summary of Major EEO
Laws and Regulations
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The Government’s Role in Providing
For EEO: (EEOC)

Responsible for enforcing most of EEO laws.
 Investigates
and resolves complaints about discrimination
 Gathers information
 Issues guidelines
 Monitors organizations’ hiring practices


Complaints must be filed within 180 days of
incident.
EEOC has 60 days to investigate complaint.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Bona Fide Occupational
Qualification (BFOQ)
Disparate Treatment
Differing treatment of
individuals based on the
individuals’ race, color,
religion, sex, national
origin, age, or disability
status.
A necessary (not merely
preferred) qualification
for performing a job.
The Supreme Court has
ruled that BFOQ’s are
limited to policies
directly related to a
worker’s ability to do
the job.

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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Disparate Impact
A condition in which
employment practices
are seemingly neutral
yet disproportionately
exclude a protected
group from employment
opportunities.
•
Four-Fifths Rule
Rule of thumb that finds
evidence of
discrimination if an
organization’s hiring rate
for a minority group is
less than four-fifths the
hiring rate for the
majority group.
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Avoiding Discrimination
Reasonable Accommodation- employer’s obligation to
do something to enable an otherwise qualified person
to perform a job.


Companies should recognize needs based on individuals’ religion
or disabilities.
Employers may need to make such accommodations as adjusting
work schedules or dress codes, making the workplace more
accessible, or restructuring jobs.
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Avoiding Discrimination
Sexual Harassment- unwelcome sexual advances,
requests for sexual favors, and other verbal or physical
contact of a sexual nature when:
1.
2.
3.
Submission to such conduct is made explicitly or implicitly a
term of condition of an individual’s employment,
Submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual, or
Such conduct has the purpose of effect of unreasonably
interfering with an individual’s work performance or creating
an intimidating, hostile, or offensive working environment.
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Avoiding Discrimination
•
Organizations can prevent sexual harassment
by:
–
–
–
Developing and communicating a policy that defines and
forbids it
Training employees to recognize and avoid this behavior
Providing a means for employees to complain and be
protected
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Workplace Safety: Occupational Safety and
Health Act (OSH Act)
Authorizes federal government to establish and
enforce occupational safety and health standards
for all places of employment engaging in interstate
commerce.
• Established (OSHA). Responsible for:

–
–
–
Inspecting employers
Applying safety and health standards
Levying fines for violation
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