Human Resource Management
Gaining a Competitive Advantage
Chapter 3
The Legal Environment: Equal
Employment Opportunity and Safety
McGraw-Hill/Irwin Copyright © 2008 by The McGraw-Hill Companies, All Rights Reserved.
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Learning Objectives
After reading this chapter, you should be able to:
• 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 protections provided by each of these
laws.
• Discuss the roles, responsibilities, and requirements of
the federal agencies responsible for enforcing equal
employment opportunity laws.
• Identify the four theories of discrimination under Title VII
of the Civil Rights Act and apply these theories to different
discrimination situations.
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Learning Objectives
After reading this chapter, you should be able to:
• Discuss the legal issues involved with preferential
treatment programs.
• Identify behavior that constitutes sexual harassment and
list things than an organization can do to eliminate or
minimize it.
• Identify the major provisions of the Occupational Safety
and Health Act (1970) and the rights of employees that
are guaranteed by this act.
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The Legal System in the
United States
Legislative Branch
Judicial Branch
Executive Branch
Three
Branches
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Equal Employment Opportunity
• Equal employment opportunity –
the government's attempt to
ensure that all individuals have an
equal chance for employment,
regardless of race, color, religion,
sex, or national origin.
• Constitutional Amendments:
– 13th Amendment - abolished
slavery
– 14th Amendment - forbids states
from denying equal protection of
the laws
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Congressional Legislation
• The Reconstruction Civil Rights Acts
(1866 and 1871)
• Equal Pay Act of 1963
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination in Employment
Act of 1967
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Congressional Legislation
• Vocational Rehabilitation Act of 1973
• Vietnam Era Veteran’s Readjustment Act
of 1974
• Pregnancy Discrimination Act
• Civil Rights Act of 1991
• Americans with Disabilities Act of 1990
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Executive Orders
Executive Order 11246 Prohibits government contactors
from discrimination
Executive Order 11478 government employment policies
based on merit and fitness
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Enforcement of Equal
Employment Opportunity
Two agencies responsible for the
enforcement of these laws and
executive orders:
Equal Employment
Opportunity Commission
Office of Federal Contract
Compliance Programs
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Equal Employment Opportunity
Commission
• Three major
responsibilities:
– Investigating and resolving
discrimination complaints
– Gathering information
– Issuing guidelines
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Office of Federal Contract
Compliance Programs
• Three components:
– Utilization analysis
– Goals and timetables
– action steps
• The OFCCP annually audits government
contractors.
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Types of Discrimination
• Disparate treatment
• Disparate impact
• Reasonable accommodation
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Disparate Treatment
• Disparate treatment exists
when individuals in similar
situations are treated
differently based upon race,
color, religion, sex, national
origin, age, or disability
status.
–Bona fide occupational
qualifications (BFOQ)
–McDonnell Douglas Corp v.
Green
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Disparate Impact
• Disparate impact occurs when a facially
neutral employment practice
disproportionately excludes a protected
group from employment opportunities.
– Four-fifths rule
– Standard deviation rule
– Wards Cove Packing Co. v. Antonio
– Griggs v. Duke Power
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Reasonable Accommodation
• Reasonable Accommodation - places a
special obligation on an employer to
affirmatively do something to
accommodate an individual’s disability or
religion.
– Religion and Accommodation
– Disability and Accommodation
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Retaliation for Participation
and Opposition
• Title VII states that employers cannot
retaliate against employees for either
"opposing" a perceived illegal
employment practice or "participating in a
proceeding,” related to an alleged illegal
employment practice.
• However, employees do not have an
unlimited right to talk about how racist or
sexist their employers are.
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Current Issues Regarding Diversity
and Equal Employment Opportunity
Sexual Harassment
Affirmative Action and
Reverse Discrimination
Outcomes of Americans
with Disabilities Act
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Sexual Harassment
• Sexual harassment refers to
unwanted sexual advances.
–Quid pro quo harassment
• Bundy v. Jackson
–A hostile working environment
• Ron Clark Ford of Amarillo, TX, and
Babies ‘R’ Us
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Sexual Harassment
• Three critical conditions for Sexual Harassment
cases:
– The plaintiff cannot have "invited or incited" the
advances
– Harassment must have been severe
– The court must determine the liability of the
organization for actions of its employees
• Preventative steps for firms include development
of a policy statement, training in inappropriate
behaviors, development of a reporting
mechanism, and disciplinary policy.
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Affirmative Action and
Reverse Discrimination
• Affirmative Action was
conceived of as a way of taking
extra effort to attract and retain
minority employees.
• Imposed quota programs
• The entire debate over
affirmative action continues to
invoke attention.
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Outcomes of the Americans
with Disabilities Act
• Under ADA, a firm must make "reasonable
accommodation" to a physically or mentally
disabled individual unless doing so would
impose "undue hardship.”
• Consequences of this act:
– Increased litigation
– Cases being filed do not reflect Congressional
intent
– The act was passed to protect people with major
disabilities
– The law has not resulted in a major increase in the
proportion of people with disabilities who are
working.
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Employee Safety
• Employee safety is regulated by both the
federal and state governments.
• The Occupational Safety and Health
Act (OSHA)
– The General duty clause
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Employee Rights Under OSHA
Employees have a right to:
1. Request an inspection.
2. Have a representative present at
an inspection.
3. Have dangerous substances identified.
4. By promptly informed about exposure
to hazards and be given access to
accurate records regarding exposures.
5. Have employer violations
posted at the work-site.
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OSHA Inspections, Citations,
and Penalties
• OSHA inspections are
conducted by specially
trained agents of the
Department of Labor called
compliance officers.
• Violation results in a citation
to the employer
• Criminal and civil penalties
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Safety Awareness Programs
• Safety awareness programs attempt to instill
symbolic and substantive changes to a safety
program.
• There are three primary components of a safety
awareness program:
– Identifying and Communicating Job Hazards
• job hazard analysis technique
• Technic of Operations Review (TOR) Reinforcing
Safe Practices
– Promoting Safety Internationally
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