HR and the Law:
Fairness and Safety
I.
II.
Employment fairness
Occupational Safety
Employment Legislation

Constitutional amendments
13th Amendment:
 14th Amendment:

Employment Legislation Timeline

Congressional Legislation
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CRA (1866 and 1871):
Equal Pay Act (1963):
CRA (1964), Title VII:
ADEA (1967):
Vocational Rehab Act (1973):
Veteran’s Readjustment Act (1974):
ADA (1990):
CRA (1991):
Equal Employment Opportunity
Commission (EEOC)
Equal Employment
Opportunity Commission
responsible for enforcing most of
the EEO laws
EEO investigates and resolves
complaints about discrimination
and issues guidelines.
Equal Employment Opportunity
Commission (EEOC)
EEOC issues guidelines clarifying
legal parameters for employment
practices.

Uniform Guidelines on Employee
Selection Procedures
Types of Charges Filed with
the EEOC
Office of Federal Contract
Compliance Procedures (OFCCP)
 Enforces executive orders

that cover organizations
doing business with the
federal government.
Under OFCCP, some
businesses must have a
written affirmative action
plan on file. This plan must
include:
 Utilization analysis
 Goals and timetables
 Action steps
Terminology Clarification

Disparate Treatment vs. Adverse Impact

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
Table 3.3
Affirmative Action vs. Valuing Diversity
BFOQ
4/5ths Rule
Standard Deviation Rule
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) - A
characteristic that is necessary, rather
than preferred, for a job.

McDonnell Douglas Corp v. Green
Disparate Impact

Disparate impact occurs when a facially neutral
employment practice disproportionately excludes a
protected group from employment opportunities.
 Four-fifths rule - a test has disparate impact if the
hiring rate for the minority group is less than fourfifths (80 percent) of the hiring rate for the majority
group.
 Standard deviation rule - uses actual probability
distributions to determine adverse impact.


Wards Cove Packing Co. v. Antonio
Griggs v. Duke Power
Types of Discrimination
- Show intent?
Disparate
Treatment
- yes
Disparate
Impact
- no
Reasonable
Accommodation
- yes
- Prima facie
case
- member of
protected group
- statistical disparity
- failure to be
accommodated
- Employer’s
defense
- show BFOQ
- show job
relatedness
- job relatedness and
business necessity
- Plaintiff’s
rebuttal
- reason a pretext
- other ways exist
- Damages
- compensatory/
- equitable relief
punitive
- McDonnell Douglas - Griggs v. Duke
v. Green
Power
Hopkins v. Price
Wards Cove v.
Waterhouse
Atonio
- Key litigation
McGraw-Hill/Irwin
- compensatory/
punitive
- Walmart
Accommodating Differences



Reasonable Accommodation
Undue Hardship
Accommodating



Disability (Table 3.5)
Religion (Figure 3.2)
Sexism vs. Sexual Harassment (Table 3.4,
Figure 3.3)
Providing Reasonable
Accommodation
Reasonable accommodation: employer’s
obligation to do something to enable an
otherwise qualified person to perform a
job.
An accommodation is considered
reasonable if it:

Does not present undue hardship such as
expense that is large in relation to a company’s
resources
Sexual Harassment


Sexual Harassment=unwanted sexual advances
 The plaintiff cannot have "invited or incited" the
advances
 Harassment must have been severe
 Court determines the liability of the organization for
actions of its employees
Preventative steps for firms include
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a policy statement
training in inappropriate behaviors
a reporting mechanism
disciplinary policy that is enforced
McGraw-Hill/Irwin
© 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Workplace Safety


The Occupational Safety and Health Act (OSH
Act), 1970--most comprehensive U.S. law
regarding worker safety.
Enforcement responsibilities divided between:



Department of Labor
Department of Health
Occupational Safety and Health Administration
(OSHA) is responsible for:



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Inspecting employers
Applying safety and health standards
Levying fines for violations
Conducting research (NIOSH)
Occupational Safety and
Health Act (OSH Act)
Employee rights

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Request an inspection
Have a representative
present an inspection
Have dangerous
substances removed
Be promptly informed
Have violations posted
 OSHA inspection
components:




Compliance officer
review
Tour of the premises
Employee interviews
Closing conference
Occupational Safety and
Health Act (OSH Act)
Employees have a  Many industrial
duty to report
hazardous
conditions.
accidents are due to
unsafe behaviors, not
unsafe working
conditions.
 Law alone does not
guarantee employees
will be safe, so some
employers go beyond
the law.
Reinforcing Safe Practices
 To ensure safe behaviors, employers should
define how to work safely AND reinforce desired
behaviors.
 Safety incentive programs.
 Injuries can be prevented through:

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
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Job analysis
Written policies
Safety training
Protective gear
Rewards and sanctions
Management support