LAWS AFFECTING HIGHER EDCUATION HR MANAGEMENT
Recent laws, Supreme Court decisions, an executive orders affecting human resources management
LAW, COURT DECISION, OR EXECUTIVE ORDER
EFFECT ON HUMAN RESOURCES MANAGEMENT
Equal Pay Act, 1963
Prohibits discrimination on the basis of sex in wage payments for
jobs that require equal skill, effort, and responsibilities under
similar working conditions in the same establishment.
Civil Rights Act, 1964
Title VII prohibits employment or membership discrimination by
employers, employment agencies, and unions, based on race,
color, religion, sex, or national origin; act creates the Equal
Employment Opportunity Commission (EEOC).
Executive Order 11246 (1965)
As amended by Executive Order 11375, prohibits discrimination
based on race, color, religion, sex or national origin in
government contracts; also requires federal contractors to
develop affirmative action plans to raise the level of minority
and female employment in their firms.
Age Discrimination in Employment Act (ADEA),
1967
Prohibits discrimination against persons aged forty to
sixty-five in such matters as hiring, job retention, compensation
and other terms, conditions, and privileges of employment.
Occupational Safety and Health Act (OSH Act),
1970
Authorizes the secretary of labor to establish
mandatory safety and health standards.
Griggs v. Duke Power Company (1971)
U.S. Supreme Court rules that the employer unlawfully
discriminated against blacks by requiring a high school
education or successful completion of an intelligence test as a
condition of employment in certain jobs.
Equal Employment Opportunity Act, 1972
Amendments to the Civil Rights Act permit the EEOC to bring
enforcement actions in the federal courts.
Vocational Rehabilitation Act, 1973
Requires federal contractors to take affirmative action to employ
and promote qualified handicapped persons.
Employee Retirement Income Security Act
1974
Prescribes eligibility rules, vesting standards, and an (ERISA),
insurance program for private pension plans.
Vietnam Era Veterans’ Readjustment Assistance
Protects the employment rights of all disabled veterans Act, 1974
and sets forth obligations of employers to military reservists and
National Guard members called to active duty.
Amendments to Age Discrimination in Employment
Extends protection until age seventy for most workers and Act
(1978) and without upper limit in federal employment.
Pregnancy Discrimination Act, 1978
Requires employers to give pregnant workers the same group
health insurance or disability benefits given other workers and
makes it illegal to fire or refuse to employ a woman because of
pregnancy.
LAW, COURT DECISION, OR EXECUTIVE ORDER
EFFECT ON HUMAN RESOURCES MANAGEMENT
Steelworkers v. Weber (1979)
Supreme Court endorses right of employers and unions to jointly
adopt quotas to eliminate racial imbalance in a work force
through affirmative action.
Washington County v. Gunther (1981)
In case involving female guards alleging sex discrimination in
pay, Supreme Court holds that such suits were not barred under
Title VII of the Civil Rights Act merely because the plaintiffs
were performing work similar to but not identical with that
performed by male guards.
Newport News Shipbuilding and Drydock Co. v.
EEOC (1983)
Supreme Court rules that employers must treat male and
female employees equally in providing health insurance for their
spouses.
Arizona v. Norris (1983)
Supreme Court rules that employer-sponsored retirement plans
may no longer pay women smaller benefits than men, despite
studies showing different life expectancies for the sexes.
NLRB v. Bildisco & Bildisco (1984)
Supreme Court rules that employers filing for reorganization in
federal bankruptcy court may temporarily terminate or alter
collective bargaining agreements even before the judge has heard
the case.
Firefighters Local Union No. 1784 v. Stotts et al.
(1984)
Supreme Court rules that courts may not interfere with
seniority systems to protect newly hired black employees from
layoffs.
Retirement Equity Act, 1984
Broadens conditions under which spouses receive retirement
benefits and further amends ERISA through such provisions as
allowing pension plan members to take maternity or paternity
leave of up to one year without loss of service credit for the
period.
Immigration Reform and Control Act, 1986
Makes it illegal for employers to hire illegal immigrants;
requires proof of legal authorization to work from all employees
hired after November 6, 1986; imposes record-keeping
requirements on employers; and provides for stiff fines for hiring
undocumented workers and for paperwork violations.
Amendments to Age Discrimination
in Employment Act, 1986
Bars most mandatory retirement programs.
Amendments to Public contracts (Walsh-Healey
Act), 1986
Removes requirement of overtime payments beyond eight
hours in one day in government contract work, thus encouraging
compressed workweek schedules.
Johnson v. Transportation Agency (1987)
Supreme Court rules that employers may implement affirmative
action plans to correct sex discrimination.
Worker Adjustment and Retraining Notification Act
(Plant Closings Bill), 1988
Requires businesses with a hundred or more employees
to give at least sixty days’ notice when closing a facility or
operating unit or making significant reductions in a work force
or in working hours. Each employee and state and local
government agencies must be notified.
LAW, COURT DECISION, OR EXECUTIVE ORDER
EFFECT ON HUMAN RESOURCES MANAGEMENT
Employee Polygraph Protection Act, 1988
Bars most private employers from using polygraph tests
in screening applicants and from testing current employees
unless there is a reasonable suspicion of theft.
Drug-Free Workplace Act, 1988
Requires employers with federal contracts to establish policies
and procedures to create a drug-free workplace and to make a
good-faith effort to maintain a drug-free workplace.
Older Workers Benefits Protection Act, 1990
Requires that waivers of ADEA rights be “knowing and
voluntary” and codifies the “equal benefit or equal cost”
principle.
Immigration Act, 1990
Authorizes larger numbers of immigrants to enter the United
States on the basis of unique expertise, training, and experience.
Americans with Disabilities Act (ADA), 1990
Makes it illegal to discriminate in human resources practices
against individuals with known physical or mental limitations
who can perform the essential functions of the job, and requires
employers to make “reasonable accommodation” for disabled
applicants and employees.
UAW v. Johnson Controls (1991)
Supreme Court rules that employers may not bar women of
childbearing age from certain jobs because of potential risk to
fetuses.
Civil Rights Act, 1991
Allows compensatory and punitive damage in cases involving
intentional discrimination based on sex, religion, or disability previously available to racial and ethnic minorities. Either party
to a case can demand a jury trial. Prohibits “race-norming” or
other discriminatory adjustment of test scores or cutoff points on
the basis of race, color, religion, sex, or national origin. Codifies
the concepts of “business necessity” and “job related” stated in
Griggs v. Duke Power Co. Includes the Glass Ceiling Act of
1991.
Glass Ceiling Act, 1991
Establishes a Glass Ceiling Commission to study and make
recommendations concerning elimination of artificial barriers to
the advancement of women and minorities and concerning
increasing opportunities and developmental experiences of
women and minorities in management; establishes a national
award for “diversity and excellence in American executive
management.”
Family and Medical Leave Act, 1993
Requires larger employers to give workers unpaid leave up to 12
weeks for family or medical emergencies.
Ohio Civil Service Law, 1912
For a more complete list of laws that impact higher education HR management, visit the following web site:
http://counsel.cua.edu/mainpage/index.htm.
Human Resources Management, Third Edition/Wendell French, pp.56 - 59.