Chapter 3 – EEO and Work Place Safety – Review Guide
Summary
The legal environment is one of the critical environmental factors that affects the management of
people. This chapter first describes the U.S. legal system, including the legislative bodies, regulatory
agencies, and judicial bodies whose decisions affect the legality of HRM practices. Major laws and
executive orders, particularly those pertaining to elements of discrimination, are then reviewed. Three
theories of discrimination are presented along with court case examples. Next, sexual harassment and
the Americans with Disabilities Act are discussed. Finally, the chapter reviews what policies and
practices employers may develop regarding employee safety.
Learning Objectives
After studying this chapter, the student should be able to:
1.
Identify the three branches of government and the role each plays in influencing the legal
environment of human resource management.
2.
List the major federal laws that require equal employment opportunity and the protections
provided by each of these laws.
3.
Discuss the roles, responsibilities, and requirements of the federal agencies responsible for
enforcing equal employment opportunity laws.
4.
Identify the three theories of discrimination under Title VII of the Civil Rights Act and apply these
theories to different discrimination situations.
5.
Discuss the legal issues involved with preferential treatment programs.
6.
Identify behavior that constitutes sexual harassment and list things that an organization can do
to eliminate or minimize it.
7.
Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of
employees that are guaranteed by this act.
Below please find specific questions you should be able to address before you open the Chapter 3 quiz
for completion.
** KNOW TABLE 3.1 on page 114 **
What powers are constitutionally assigned to Congress?
What powers come with the position of president of the United States?
What powers are accorded the judiciary?
What does Equal Employment Opportunity refer to?
What does the 13th Constitutional Amendment require?
What does the 14th Constitutional Amendment require?
What do the Civil Rights Act of 1866 and 1871 address?
What does the Equal Pay Act (1963) address?
What does Title VII of the 1964 US Civil Rights Act, as amended, address:
What does the Age Discrimination in Employment Act (1967) require:
What does the Vocational Rehabilitation Act of 1973 require:
What does the Vietnam Era Veteran’s Readjustment Act of 1974 require:
What does the Pregnancy Discrimination Act require?
What changes did the 1991 revision of the Civil Rights Act introduce?
What does the Americans with Disabilities Act require:
What does Executive Order 11246 require?
How many days does an employee have to file a discrimination complaint about an employer’s practice?
How did the Lilly Ledbetter Act (2009) modify that filing requirement?
Do EEOC charges against an employer always involve a court to determine the final result?
What are the Uniform Guidelines designed to do?
What role does the Office of Federal Contract Compliance Programs (OFCCP) play in sorting out illegal
work discrimination?
What is “utilization analysis”?
What are the three major types of illegal work discrimination?
discrimination.
Give an example of each type of illegal
What is the purpose of the 4/5ths rule and the standard deviation rule?
“Reasonable accommodation” discrimination is usually found with respect to religion and disability.
Can an employer fire you for lodging an illegal discrimination complaint, or for participating as a plaintiff
or witness in an illegal discrimination proceedings?
What are the 3 major variations on illegal sexual harassment? (see table 3.4) page 137
The Americans with Disabilities Act has generated more than 200,000 illegal discrimination complaints.
About ½ of those were found to be with out reasonable cause (proper justification.) The vast majority
deal with treatment on the job, as opposed to hiring discrimination (about 10%.) 22 of the 54 million
“disabled” Americans are unemployed, which is down from unemployment of about 75% prior to the
law taking effect. Has the ADA been an effective law?
What does the Occupational Safety and Health Act seek to accomplish?
What is the “General Duty Clause” under OSHA?
Who in the federal government enforces OSHA?
Who develops occupational safety and health standards?
What is the job hazard analysis technique?
What is the Technique of Operations Review?
What were the issues in the Griggs v Duke Power (1971) SCOTUS decision? What did that decision
establish?
What did the SCOTUS legal decision re Weber v Steelworkers (1978) establish?
What did SCOTUS decision re McDonnell Douglas v. Green ()1973) establish?