3
Chapter
The Legal Environment:
Equal Employment
Opportunity and Safety
Objectives
After reading this chapter, you should be able to:
1.
2.
3.
Identify the three branches of
government and the role each plays
in influencing the legal environment
of human resource management.
List the major federal laws that
require equal employment
opportunity and the protection
provided by each of these laws.
Discuss the roles, responsibilities,
and requirements of the federal
agencies responsible for enforcing
equal employment opportunity laws.
4.
5.
6.
7.
Identify the four theories of
discrimination under Title VII of the
Civil Rights Act and apply these
theories to different discrimination
situations.
Identify behavior that constitutes
sexual harassment and list things
that an organization can do to
eliminate or minimize it.
Discuss the legal issues involved with
preferred treatment programs.
Identify the major provisions of the
Occupational Safety and Health Act
(1970) and the rights of employees
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-2
The Legal System in the
United States
Legislative Branch
Executive Branch
Judicial Branch
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
EEO Laws and Regulations
3-3
Constitutional amendments
13th amendment
14th amendment
Congressional legislation
Executive orders
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Constitutional Amendments
3-4
13th amendment
abolished slavery
14th amendment
limits actions of government
provides “equal protection”
requires due process
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Congressional Legislation
3-5





Reconstruction Civil Rights Acts
Equal Pay Act (1963)
 men & women paid equally for equal work
Title VII of Civil Rights Act (1964)
 covers race,color,religion,sex and national origin
 15 or more employees
Age Discrimination Act (1967)
 over 40 years of age
 15 or more employees
Vocational Rehabilitation Act (1973)
 affirmative action for people with disabilities
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Congressional Legislation
3-6



Vietnam Era Veteran’s Readjustment Act (1974)
 affirmative action for Vietnam vets
Civil Rights Act (1991)
 adds compensatory and punitive damages
Americans with Disabilities Act (1990)
 prohibits discrimination based on disability
 “reasonable accommodation”
 determine “essential” job functions
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-7
Executive Orders
Number 11246
affirmative action targets for
women & minorities
Number 11478
government employment policies
based on merit & fitness
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Enforcement of Equal
Employment Opportunities
3-8
Two agencies responsible for the
Enforcement are:
•The Equal Employment Opportunity
Commission
•The Office of Federal Contract Compliance
Procedures
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-9
Equal Employment Opportunity
Commission
Three Major Responsibilities:
* Investigating and resolving complaints
* Gathering information
* Issuing guidelines
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-10
Affirmative Action Plans
have three basic components:
Utilization analysis
Goals and timetables
Action steps
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-11
Types of Discrimination
Disparate
Treatment
Irwin/McGraw-Hill
Disparate
Impact
Reasonable
Accommodation
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-12
Types of Discrimination
Disparate
Treatment
- Show intent? - Yes
- Prima facie
case
- member of
protected group
- Employer’s
defense
- show BFOQ
- Plaintiff’s
rebuttal
- Damages
- reason a pretext
- Key
litigation
Irwin/McGraw-Hill
- compensatory/
punitive
- McDonnell Douglas
v. Green
Hopkins v. Price
Waterhouse
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-13
Types of Discrimination
Disparate
Treatment
Disparate
Impact
- Show intent? - Yes
- No
- Prima facie
case
- member of
protected group
- statistical
disparity
- Employer’s
defense
- show BFOQ
- show job
relatedness
- Plaintiff’s
rebuttal
- Damages
- reason a pretext
- other ways
exist
- equitable relief
- Key
litigation
Irwin/McGraw-Hill
- compensatory/
punitive
- McDonnell Douglas
- Griggs v. Duke
v. Green
Power
Hopkins v. Price
Wards Cove v.
Waterhouse
Copyright ©Atonio
2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-14
Types of Discrimination
Disparate
Treatment
Disparate
Impact
- Show intent? - Yes
- No
- Prima facie
case
- member of
protected group
- statistical
disparity
- Employer’s
defense
- show BFOQ
- show job
relatedness
- Plaintiff’s
rebuttal
- Damages
- reason a pretext
- Key
litigation
Irwin/McGraw-Hill
- other ways
exist
- equitable relief
Reasonable
Accommodation
- Yes
-Failure to be
accommodated
- Job relatedness
and business
necessity
- compensatory/
- compensatory/
punitive
punitive
- McDonnell Douglas
- Griggs v. Duke
v. Green
Power
-Wal-Mart
Hopkins v. Price
Wards Cove v.
Waterhouse
CopyrightAtonio
© 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-15
Retaliation for Participation and
Opposition
Title VII of the Civil Rights Act of 1964
provides protection for
• Opposition
• Participation
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-16
Current Diversity Issues
Sexual Harassment
 Bundy v. Jackson “quid pro quo”
 Meritor Savings Bank v. Vinson
hostile working environment
 Affirmative action & reverse discrimination
 Americans with Disabilities Act

Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-17
Employee Safety
Occupational Safety and Health Act
Rights of Employees
request inspection
representative present
dangerous substances identified
informed about hazards
violations posted
Inspections
Penalties
Effect
increased level of awareness
many accidents a result of unsafe
behaviors not working conditions
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
3-18
Safety Awareness Programs
Identifying & communicating
hazards
Job Hazard Analysis Technique
Technique of Operations Review
Reinforcing safe practices
safety incentive programs
focus on jobs
focus on type of injury
Promoting safety internationally
Irwin/McGraw-Hill
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.