MGMT 304 Chapter 3

Requirements and applications of the Americans with Disabilities Act Amendments Act (ADAAA)

Expanded definition of disability o Chronic o Episodic o Association

General-Duty Clause

States that each employer has a general duty to furnish each employee a place of employment free form recognized hazards that cause or are likely to cause death or serious physical harm • Employers must also keep records of work-related injuries and illnesses and post an annual summary of these records from Feb 1 to April 30 in the following year; the annual summary must be posted even if no injuries or illnesses had occurred

Preventing Sexual Harassment:

includes managing the workplace in a way that does not permit anybody to threaten or intimidate employees through sexual behavior, creating statements in the workplace that sexual harassment will not be tolerated, employees could be trained to identify inappropriate workplace behavior, encourage people to speak out, and act promptly to discipline those who engage in sexual harassment, and to protect the victims of sexual harassment

Equal Employment Opportunity (EEO)

the condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, age, disability, or national origin

Vocational Rehabilitation Act of 1973

to enhance employment opportunity for individuals with disabilities o Covers executive agencies and contractors and subcontractors that receive more than $2,500 annually from the federal government o These organizations must engage in affirmative action for individuals with disabilities

Hostile working environment

when someone's behavior in the workplace creates an environment in which it is difficult for someone of a particular sex to work

Quid pro quo

you do this for me & I'll give you this promotion, & also the opposite—if you don't do this for me I'll fire you

Requirements and applications of the Americans with Disabilities Act (ADA)

• ADA protects individuals with disabilities from being discriminated against in the workplace • Prohibits discrimination based on disability in all employment practices, such as job application procedures, hiring, firing, promotions, compensation, and training; as well as employment advertising, recruitment, tenure, layoff, leave, and fringe benefits • Defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment o First Part: serious disabilities—epilepsy, blindness, deafness, or paralysis—that affect their ability to perform major bodily functions and major life activities such as walking, seeing, performing manual tasks, learning, ect. o Second Part: history of disability—cancer but is currently in remission, mental illness, or heart disease o Third Part: someone who is severely disfigured—some may consider this a disability and some may not, employer cannot refuse to hire them because of how another employee might act towards it

Requirements and applications of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

• Employers must reemploy workers who left jobs to fulfill military duties for up to 5 years • When they return, the employer must reemploy them in the job they would have held if they has not left to serve in the military, providing them with the same seniority, status, and pay rate they would have earned if their employment had not been interrupted • Disabled veterans have up to 2 years to recover from injuries received during their service or training, and employers must make reasonable accommodations for a remaining disability • Veterans with complaints can get assistance from the Veterans' Employment and Training Service of the Department of Labor

Requirements and applications of the Equal Pay Act of 1963.

• Requires that men and women performing equal jobs receive equal pay • This act defines equal in terms of skill, effort, responsibility, and working conditions • It also allows for reasons why men and women performing the same job might be treated differently; if the pay is different based on anything other than sex, it is legal

Understand why OSHA was passed

• Through the 1960s, workplace safety was primarily an issue between workers and employees; by 1970, roughly 15,000 work-related fatalities occurred every year • Occupational Safety and Health Administration (OSHA): Labor department agency responsible for inspecting employers, applying safety and health standards, and levying fines for violation

Title VII of the Civil Rights Act of 1964

• forbids discrimination bases on race, color, religion, sex, or national origin; to ensure that employment opportunities are based on character or ability rather than on race • covers all organizations with 15 or more employees working 20 or more hours weeks per year that are involved with interstate commerce, as well as state and local governments, labor unions, and employment agencies

Requirements and applications of the Genetic Information Nondiscrimination Act of 2008 (GINA)

• prohibits discrimination because of genetic information, for example employers cannot use genetic screening to identify and avoid hiring job candidates who are at risk of developing costly diseases • employers may not intentionally obtain this information, except in certain limited situations (such as request time off to care for a sick relative) o including individual genetic information, family members' genetic information, & family members' medical histories • if companies do acquire this information, they must keep it confidential

Age Discrimination in Employment Act (ADEA)

Prohibits discrimination in employment against individuals 40 years of age and older

Who enforces EEO laws?

All anti-discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC)

Adverse Impact

Generally Unintentional discrimination, usually treating one group a little differently than another group (pay, hiring, promotions, or training) o To determine adverse impact, use the 4/5 Rule/80% Rule → the hiring rate for the minority group needs to be more than 80% of the majority group o After you find out if adverse impact has occurred, you must then investigate the cause; why has adverse impact occurred? o Basic Defense → Must be able to show that there was business necessity

How do you show you've been discriminated against?

McDonnell-Douglass Test: 1. You are a member of the protected group 2. Show that you applied for the job 3. Show that you were qualified for the job, but despite that you were not hired 4. The organization continued looking for more applicants for the job

OSH Act

U.S. law authorizing the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce

Affirmative Action

an organizations active effort to find opportunities to hire or promote people in a particular group--To encourage employers to recruit qualified individuals with disabilities and to make reasonable accommodations to all those people to become active members of the labor market

What are employees rights & responsibilities according to OSH?

o Must follow OHSA's safety rules and regulations governing employee behavior o Have a duty to report hazardous conditions o Employees may file a complaint to OSHA & the employer cannot retaliate against them o Also have the right to receive any information about any hazardous chemicals they may handle on the job (right-to-know laws) and also provide Material Safety Data Sheets (MSDSs) which are forms on which chemical manufacturers identify the hazards of their chemicals

Who enforces the OSH Act?

o OSHA conducts inspections o OSHA officers typically arrive at a workplace unannounced; they prohibit notifying employers of inspections in advance o OSHA will tell employers of the violations, give them a time frame to correct it, and can also charge employers a fine

What specific rights does OSH give to employees?

o Request an inspection o Have a representative present at inspection o Have dangerous substances identified o Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure o Have employer violations posted at the work site

Pregnancy Discrimination Act of 1967

o Treats discrimination based on pregnancy-related conditions as illegal sex discrimination o Employers must treat women that are pregnant or affected by related conditions in the same manner as other applicants or employees with similar abilities or limitations o Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way that it covers other medical conditions

Sexual Harassment

o Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when • Submission to such conduct is made either explicitly or implicitly a term or condition of individual's employment • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment

Disparate Treatment

o differing treatment of individuals, where the differences are bases on the individuals' race, color, religion, sex, national origin, age, or disability status o intentional discrimination o major defense → Bona Fide Occupational Qualification (BFOQ): a necessary (not merely preferred) qualification for performing a job (must show job necessity)

Executive Order 11246

prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin o Employers whose contracts meet minimum size requirements must engage in affirmative action to ensure against discrimination o Those receiving more than $10,000 from the federal government must take affirmative action, and those with contracts exceeding $50,000 must develop a written affirmative-action plan for each of their establishments; this plan must be in place within 120 days of the beginning of the contract—enforced by the Office of Federal Contract Compliance Procedures

Vietnam Era Veteran's Readjustment Act of 1974

requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War (served between Aug 1964-May 1975)—enforced by the Office of Federal Contract Compliance Procedures