fundamentals of
Human Resource Management 4th
edition
by R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright
CHAPTER 3
Providing Equal Employment
Opportunity and a Safe
Workplace
McGraw-Hill/Irwin
Copyright © 2011 by The McGraw-Hill Companies, Inc. All Rights Reserved.
3-1
What Do I Need to Know?
1. Explain how the three branches of government
regulate human resource management.
2. Summarize the major federal laws requiring
equal employment opportunity.
3. Identify the federal agencies that enforce
equal employment opportunity, and describe
the role of each.
3-2
What Do I Need to Know? (continued)
4. Describe ways employers can avoid illegal
discrimination and provide reasonable
accommodation.
5. Define sexual harassment and tell how
employers can eliminate or minimize it.
6. Explain employer’s duties under the
Occupational Safety and Health Act.
3-3
What Do I Need to Know? (continued)
7. Describe the role of the Occupational Safety
and Health Administration (OSHA).
8. Discuss ways employers promote worker safety
and health.
3-4
Test Your Knowledge
• Three branches of U.S. government play a role
in the legal environment of HRM.
• The executive branch _________; the
legislative branch ________; and the judicial
branch _________.
A. makes laws; issues directives; interprets laws
B. issues directives; makes laws; interprets laws
C. interprets laws; makes laws; issues directives
3-5
Regulation of Human Resource
Management
LEGISLATIVE
BRANCH
EXECUTIVE
BRANCH
JUDICIAL
BRANCH
• Has enacted a
number of laws
governing HR
activities.
• Responsible for
enforcing the
laws.
• Includes the
regulatory
agencies that
the president
oversees.
• Interprets the
law.
• The Supreme
Court is the
court of final
appeal.
• Its decisions are
binding.
3-6
Equal Employment Opportunity (EEO)
• Equal employment
opportunity – the
condition in which all
individuals have an
equal chance for
employment, regardless
of their race, color,
religion, sex, age,
disability, or national
origin.
• The federal
government’s efforts in
this area include:
– constitutional
amendments
– legislation
– executive orders
– court decisions
3-7
Table 3.1:
Summary of Major
EEO Laws and
Regulations
3-8
EEO: Constitutional Amendments
Thirteenth Amendment
• Abolished slavery in the
United States.
• Has been applied in cases
where discrimination
involved the symbols and
“incidents” of slavery.
Fourteenth Amendment
• Forbids the states from
taking life, liberty, or
property without due
process of law.
• Prevents the states from
denying equal protection of
discrimination.
• Applies to the decisions or
actions of the government
or private groups.
3-9
EEO: Legislation
Civil Rights Acts (1866 & 1871)
• The Civil Rights Act of 1866
granted all persons the
same property rights as
white citizens.
• The Civil Rights Act of 1871
granted all citizens the right
to sue in federal court if
they feel they have been
deprived of some civil right.
Equal Pay Act (1963)
• Men and women in an
organization doing the same
work must be paid equally.
• Equal is defined in terms of
skill, effort, responsibility,
and working conditions.
3-10
EEO: Legislation (continued)
Title VII Civil Rights Act (1964)
• Prohibits employers from
discriminating based on:
–
–
–
–
–
Race
Color
Religion
Sex
National origin
• Applies to organizations
that employ 15 or more
persons.
Age Discrimination in
Employment Act (ADEA)
• Prohibits discrimination
against workers who are
over the age of 40.
• Age discrimination
complaints make up a large
percentage of the
complaints filed with the
Equal Employment
Opportunity Commission
(EEOC).
3-11
Test Your Knowledge
• Which of the following is covered under Title
VII of the Civil Rights Act?
A. A group of Hispanic applicants claim that they were
discriminated against during the hiring process.
B. A gay man charges that he was discriminated against as
reflected in his performance evaluation.
C. A group of women claim they were denied training opportunities
that their male counterparts received
D. A group of older workers claim they were laid-off
disproportionately in comparison to younger workers.
E. Both A & C
3-12
Figure 3.1: Age Discrimination Complaints,
1994 - 2009
3-13
EEO: Legislation (continued)
Vocational Rehabilitation Act
(1973)
Vietnam Era Veteran’s
Readjustment Act (1974)
• Covered organizations must
engage in affirmative action
for individuals with
disabilities.
• Employers are encouraged
to recruit qualified
individuals with disabilities
and to make reasonable
accommodations to them.
• Requires federal contractors
and subcontractors to take
affirmative action toward
employing veterans of the
Vietnam War.
• It covers veterans who
served between August 5,
1964 and May 7, 1975.
3-14
EEO: Legislation (continued)
Pregnancy Discrimination Act
(1978)
Americans with Disabilities Act
(ADA) of 1990
• Defines discrimination on the
basis of pregnancy, childbirth,
or related form of medical
condition to be a form of illegal
sex discrimination.
• Benefits, including health
insurance, should cover
pregnancy and related medical
conditions in the same way as
other medical conditions.
• Protects individuals with
disabilities from being
discriminated against in the
workplace.
• Prohibits discrimination
based on disability in all
employment practices.
• Employers must take steps
to accommodate individuals
covered by the act.
3-15
Figure 3.2: Disabilities Associated with
Complaints Filed under ADA
3-16
EEO: Legislation (continued)
Civil Rights Act (1991)
• Adds compensatory and
punitive damages in cases
of discrimination under Title
VII and the ADA.
• The amount of punitive
damages is limited by the
act and depends on the size
of the organization charged
with discrimination.
Uniformed Services Employment
& Reemployment Rights Act
• Employers must reemploy
workers who left jobs to
fulfill military duties for up
to five years.
• Should be in the job they
would have held if they had
not left to serve in the
military.
3-17
Table 3.2: Maximum Punitive Damages
Allowed Under the Civil Rights Act of 1991
3-18
Genetic Information Nondiscrimination Act
of 2008 (GINA)
• Employers may not use genetic information in
making decision related to the terms,
conditions, or privileges of employment
• Includes a person’s genetic tests, genetic test
of the person’s family members, and family
medial histories
• Forbids unintentional collection of this data
• Forbids harassment of employee because of
genetic information
3-19
EEO: Legislation (continued)
Executive Order 11246
• Prohibits federal contractors
and subcontractors from
discriminating based on
race, color, religion, sex, or
national origin.
• Employers whose contracts
meet minimum size
requirements must engage
in affirmative action.
Executive Order 11478
• Requires the federal
government to base all its
employment decisions on
merit and fitness.
• Also covers organizations
doing at least $10,000
worth of business with the
federal government.
3-20
The Government’s Role in Providing For EEO:
Equal Employment Opportunity Commission (EEOC)
• Responsible for enforcing most of the EEO laws.
– Investigates and resolves complaints about
discrimination
– Gathers information
– Issues guidelines
– Monitors organizations’ hiring practices
• Complaints must be filed within 180 days of the
incident.
• EEOC has 60 days to investigate the complaint.
3-21
Figure 3.3:
Types of Charges Filed with the EEOC
3-22
The Government’s Role in Providing For EEO: Office
of Federal Contract Compliance Procedures (OFCCP)
• Responsible for enforcing the executive orders
that cover companies doing business with the
federal government.
• Audits government contractors to ensure they
are actively pursuing the goals in their
affirmative action plans.
3-23
Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Disparate Treatment
• Differing treatment of
individuals based on the
individuals’ race, color,
religion, sex, national origin,
age, or disability status.
Bona Fide Occupational
Qualification (BFOQ)
• A necessary (not merely
preferred) qualification for
performing a job.
• The Supreme Court has
ruled that BFOQ’s are
limited to policies directly
related to a worker’s ability
to do the job.
3-24
Businesses’ Role in Providing for EEO:
Avoiding Discrimination (continued)
Disparate Impact
• A condition in which
employment practices are
seemingly neutral yet
disproportionately exclude
a protected group from
employment opportunities.
Four-Fifths Rule
• Rule of thumb that finds
evidence of discrimination if
an organization’s hiring rate
for a minority group is less
than four-fifths the hiring
rate for the majority group.
3-25
Figure 3.4: Applying the Four-Fifths Rule
3-26
Test Your Knowledge
• True = A False = B
– During an interview it is legal to ask only women if
they have child-care needs.
– Hiring only men to model male underwear is legal.
– If a company unintentionally hires a
disproportionate number of non-minorities, they
can be held liable for discrimination.
– Organizations can screen candidates using a test
that reliably predicts on-the-job performance.
3-27
Businesses’ Role in Providing for EEO:
Avoiding Discrimination (continued)
• Reasonable Accommodation: An employer’s
obligation to do something to enable an
otherwise qualified person to perform a job.
• Companies should recognize needs based on
individuals’ religion or disabilities.
• Employers may need to make such
accommodations as adjusting work schedules or
dress codes, making the workplace more
accessible, or restructuring jobs.
3-28
Figure 3.5: Examples of Reasonable
Accommodation under the ADA
3-29
• Regina Genwright talks
to a voice-activated
copier at the American
Foundation for the
Blind. The copier has a
Braille keyboard and
wheelchair-accessible
height.
3-30
Businesses’ Role in Providing for EEO:
Avoiding Discrimination (continued)
• Sexual Harassment: refers to unwelcome sexual
advances, requests for sexual favors, and other
verbal or physical contact of a sexual nature when:
1. Submission to such conduct is made explicitly or
implicitly a term of condition of an individual’s
employment,
2. Submission to or rejection of such conduct by an
individual is used as the basis for employment decisions
affecting such individual, or
3. Such conduct has the purpose of effect of unreasonably
interfering with an individual’s work performance or
creating an intimidating, hostile, or offensive working
environment.
3-31
Businesses’ Role in Providing for EEO:
Avoiding Discrimination (continued)
• Organizations can prevent sexual harassment by:
– Developing a policy that defines and forbids it
– Training employees to recognize and avoid this
behavior
– Providing a means for employees to complain and
be protected
3-32
Test Your Knowledge
• A male manager frequently engages in sexual activity
with selected female subordinates. Other women in this
work environment who are not involved with the
manager complain of sexual harassment due to
favoritism. Do they have a case?
A. No, because they were not directly discriminated against.
B. No, because the contact was consensual.
C. Yes, because the manager is making others feel
uncomfortable.
D. Yes, because any consensual relationship in the workplace
among employees is prohibited.
3-33
Workplace Safety: Occupational Safety and
Health Act (OSH Act)
• Authorizes the federal government to establish
and enforce occupational safety and health
standards for all places of employment
engaging in interstate commerce.
• Established the Occupational Safety and Health
Administration (OSHA). Responsible for:
– Inspecting employers
– Applying safety and health standards
– Levying fines for violation
3-34
Workplace Safety: Occupational Safety and
Health Act (OSH Act) (continued)
General Duty Clause
• Each employer has a
general duty to furnish each
employee a place of
employment free from
recognized hazards that
cause or are likely to cause
death or serious physical
harm.
Specific Duties
• Employers must keep
records of work-related
injuries and illnesses.
• Employers must post and
annual summary of these
records from February 1 to
April 30 in the following
year.
3-35
Figure 3.6 OSHA Form
3-36
Employee Rights Under the OSH Act
Employees have the right to:
1. Request an inspection.
2. Have a representative present at an inspection.
3. Have dangerous substances identified.
4. Be promptly informed about exposure to hazards
and be given access to accurate records regarding
exposure.
5. Have employer violations posted at the work site.
3-37
Enforcement of the OSH Act
• OSHA is responsible for
inspecting businesses,
applying safety and
health standards, and
levying fines for
violations.
• OSHA regulations
prohibit notifying
employers of
inspections in advance.
3-38
What’s the priority?
• Which of the following has FIRST priority for
inspection by OSHA officials?
A.
B.
C.
D.
Catastrophes and fatal accidents
Employee complaints
High-hazard industries
Imminent danger
3-39
Figure 3.7:
Rates of Occupational Injuries and Illnesses
3-40
Top 10 Causes of Workplace Injuries
3-41
Employer-Sponsored Safety and Health Programs:
Identifying and Communicating Job Hazards
Job Hazard Analysis Technique
Technic of Operations Review (TOR)
• Safety promotion technique
that involves breaking down
a job into basic elements,
then rating each element
for its potential for harm or
injury.
• Method of promoting safety
by determining which
specific element of a job led
to a past accident.
3-42
Employer-Sponsored Safety and Health
Programs (continued)
Reinforcing Safe Practices
• Implementing a safety
incentive program to
reward workers for their
support of and commitment
to safety goals.
• Start by focusing on
monthly or quarterly goals.
• Encourage suggestions for
improving safety.
Promoting Safety Internationally
• Cultural differences make
this difficult.
• Laws, enforcement
practices, and political
climates vary from country
to country.
• Companies may operate in
countries where labor
standards are far less strict
than in the U.S.
3-43
Summary
• Human resource management is regulated by the
three branches of government:
– Legislative branch develops and enacts laws
– Executive branch and its regulatory agencies implement
the laws
– Judicial branch hears cases related to employment and
interprets the law
• The Equal Employment Opportunity Commission
(EEOC) is responsible for enforcing most of the EEO
laws. It investigates and resolves complaints, gathers
information, and issues guidelines.
3-44
Summary (continued)
•
•
•
•
The major federal laws
requiring EEO:
Civil Rights Acts of 1866
and 1871
Equal Pay Act of 1963
Title VII of the Civil
Rights Act of 1964
Age Discrimination in
Employment Act
• Vocational Rehabilitation
Act of 1973
• Vietnam Era Veteran’s
Readjustment Act of 1974
• Pregnancy Discrimination
Act of 1978
• Americans with
Disabilities Act (1990)
3-45
Summary (continued)
• Civil Rights Act (1991)
• Uniformed Services
Employment and
Reemployment Act
(1994)
Constitutional
Amendments:
• Thirteenth Amendment
• Fourteenth Amendment
Executive Orders:
• Executive Order 11246
• Executive Order 11478
3-46
Summary (continued)
• The Office of Federal Contract Compliance
Procedures (OFCCP) is responsible for enforcing
executive orders that call for affirmative action by
companies that do business with the federal
government.
• Employers can avoid discrimination by avoiding
disparate treatment of job applicants and
employees, as well as policies that result in disparate
impact.
3-47
Summary (continued)
• Affirmative action may correct past discrimination, but
quota-based activities can result in charges of reverse
discrimination.
• To provide reasonable accommodation, companies
should recognize needs based on individuals’ religion
or disabilities.
• Organizations can prevent sexual harassment by
developing a policy that defines and forbids it, training
employees to recognize and avoid this behavior, and
providing a means for employees to complain and be
protected.
3-48
Summary (continued)
• Under the Occupational Safety and Health Act,
employers have a general duty to provide employees
a place of employment free from recognized safety
and health hazards.
• The Occupational Safety and Health Administration
publishes regulations and conducts inspections.
• Besides complying with OSHA regulations, employers
often establish safety awareness programs designed
to instill an emphasis on safety.
3-49
Summary (continued)
• Employers may identify and communicate hazards
through the job hazard analysis technique or the
technic of operations review.
• Employers may also establish incentive programs to
reward safe behavior.
3-50