Chapter 3: Understanding Equal Opportunity & Legal Environment
Legal Compliance
-dynamic legal landscape -complexity of laws
Avoid Pitfalls
-provide training -document decisions -be honest -establish complaint resolution process -ask only for info you need to know
Handle Sexual Harassment Investigation
-timeliness -documentation -employee agreement -resolution -finding facts -remedy
Reducing Sexual Harassment Liability
-written policy -train employees -communication -investigate all claims -complaint procedure -remedial action -follow up
The Vocational Rehab
govt. & govt, contractors to have an affirmative action for disable individual
Vietnam Era Vet Readjustment Act
govt. contractors prohibits discrimination against Vietname era veterans
4/5 Rule
hiring rates of protected class, if less than 4/5 the hiring rate of majority group than guilty of discrimination Defense -job relatedness -seniority -qualification -business necessity
Disparate Treatment
intentional discrimination and treated differently by his protected class status
Fair Employment
not affected by illegal discrimination Ex: race, sex, religion, origin, color, age, disability
Civil Rights Act
not based on race, color, origin, sex, religion Protected: African Americans, Latinos, Women, Native Americans, Asian Americans
Utilization Analysis
organization workforce to demographic composition of labor force, establish goals, action plans, reverse discrimination
Bina Fide Occupational Qualification (BFOQ)
present in all employees for a particular job and gives the employer the right to look for a certain qualification even if kit might discriminate
Executive Order 11246
prohibits discrimination by govt. & govt. contractors
American w/ Disabilities Act
protect those w/ disabilities (physical or mental), must provide accommodation for essential job functions INDIVIDUAL MUST BE OTHERWISE QUALIFIED FOR JOB
Age Discrimination in Employment Act
protects over age 40
Legal Environment
right thing, and realize the limitations of the HR Dept., fair humane environment, limit liability and costly lawsuits
Equal Pay Act of 1963
same pay to men and women on the same job, quality or quantity of production, seniority plans exempt & merit pay
Quid Pro Quo
sexual activity ->job benefit (strict liability)
Griggs vs. Duke Power
tests used in hiring practices that disparately impact ethnic minorities must be reasonably related to the job ( blacks were allowed to work only in its Labor department, which constituted the lowest-paying positions in the company.)
Pregnancy Discrimination
treat pregnancy like any other medical condition
Sexual Harassment
unwelcome sexual advances cause an employee on the job
Affirmative Action
urging employers to hire certain groups of people who were discriminated against in the past
Wards Cove Packing Co. v. Antonio
was using discriminatory hiring practices that resulted in a large number of the skilled permanent jobs that mostly did not involve working in a cannery (referred to as "noncannery" positions) to be filled by white workers, and a large number of the unskilled seasonal cannery jobs to be filled by local nonwhite workers.
Reverse Discrimination
Discrimination against a nonprotected-class member resulting from attempts to recruit and hire members of protected classes
Adverse Impact
accidental discrimination, same standard is applied to all, affects protected negatively
Seniority
applied to all
Civil Rights Act(altered)
burden of proof prohibits quotas payments of punitive damages
Immigration Act of 1990
change # of visas given out to increase the # of skilled workers to enter the US
Hostile Work Environment
employees perceives the behavior as offensive and undesirable (reasonable car)
Business necessity
employment practice is necessary for safe & efficient operation of business
Immigration Reform & Control
employment verification (I-9) market for fake IDs
