Test 2 - The Legal Environment: EEO & Safety (8)

Step 1) determine selection rate (SR) = hired/applicant Step 2) compare selection rates = lower SR/higher SR Step 3) apply adverse impact rule (4/5th or <80% rule) = yes Compare the selection rates of two groups by calculating the "impact ratio" (I.R) I.R. = S.R. of group with lower SR/S.R. of group with high SR

Apply the four-fifths rule to organizational selection data and use your results to make recommendations to the organization:

- AA has not improved protected groups employment - Individuals hired under AA feel prejudged as inferior performers, and are often viewed as "tokens." - AA programs have failed in assimilating protected classes into the workforce. - Preferences shown toward one protected class may create conflicts between other minority groups.

Challenges to Affirmative Action (AA):

Affirmative Action - policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct past discriminatory practices by increasing the numbers of minorities and women in specific positions - was conceived as a way of taking extra effort to attract and retain minority employees - a way of correcting historical imbalances > imposed quota programs > entire debate over affirmative action continues to evoke attention

Define affirmative action and explain its purpose:

Business Necessity - work related practice that is necessary to the safe and efficient operation of an organization

Define the concept of business necessity as a legal defense:

Employment-At-Will - provisions state that either party in the employment relationship can terminate that relationship at any time, regardless of cause

Define the concept of employment-at-will and explain how is relevant to both employers and employees:

Four-Fifths Rule - rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings - according to the Uniform Guidelines, a selection program has adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (or 80%) of the rate of the class with the highest selection rate - the four-fifths rule is not a legal definition of discrimination, rather it is used to monitor severe discrimination practices

Define the four-fifths rule and explain how organizations can use it to diagnose potential discrimination in employee selection activities (e.g., hiring, firing, promotion decisions)?

Disparate treatment - exists when individuals in similar situations are intentionally treated differently based upon race, color, religion, sex, national origin, age, or disability status Disparate (Adverse) impact - occurs when a neutral employment practice disproportionately excludes a protected group from employment opportunities *If two equally qualified individuals apply for the job and the decision to hire one over the other based on race then you have disparate treatment * For discrimination to happen under disparate treatment - intent has to be there * For discrimination to happen under disparate impact - intent is irrelevant

Describe the two main forms of discrimination in employee selection and explain the key differences between them:

Bona Fide Occupational Qualification (BFOQ) - suitable defense against a discrimination charge only where membership in a protected class is an actual qualification for performing the job

Describe what is meant by a bona fide occupational qualification and how it can be used as a legal defense:

Uniform Guidelines - recommends that an employer be able to demonstrate that selection procedures are valid in predicting or measuring performance in a particular job. Employers must be able to prove that the selection instrument bears a direct relationship to job success (that it is valid) example: cannot ask for "eye color" as part of job application unless eye color bears a direct relationship to succeeding on the

Discuss the purpose of the Uniform Guidelines on Employee Selection Procedures, including where the guidelines are applicable and how organizations should use them:

- EEO is the government's attempt to ensure that all individuals have an equal chance for employment - It is the treatment of individuals in all aspects of employment (hiring, promotion, training, etc) in a fair and nonbiased manner - YOU and your employees have the right to Equal Opportunity Employment

Equal Employment Opportunity (EEO)

- Equal Pay Act of 1963 - Outlaws discrimination in pay, benefits, and pensions based on the employee's gender - Employers are prohibited from paying employees of one gender at a rate lower than that paid to members of the other gender for doing equal work - Equal work means they require substantially the same skill, effort, and responsibility under similar working conditions and in the same establishment - Exclusions > Seniority > Merit > Quantity or quality of production

Equal Pay Act of _____

Protected Classes: - Individuals of a minority race, color, gender, religion, age, national origin, those with disabilities, pregnant women, etc... who are covered by federal laws on equal employment opportunity - It is difficult to compose a true, definitive list of protected classes. Typically, if individuals receive legal protection because of their membership in a particular group, then we can broadly define the group as a protected class.

Government Regulation of Equal Employment Opportunity

Quid pro quo - occurs when some kind of benefit (or punishment) is made contingent on the employee's submitting (or not submitting) to sexual advances (superior to subordinate) Hostile working environment - occurs when someone's behavior in the workplace creates an environment that makes it difficult for someone of a particular sex to work (peer to peer)

Identify the two basic forms of sexual harassment in the workplace under Title VII:

1. Issue a written equal employment opportunity policy and an affirmative action commitment statement 2. Publicize the policy and the organization's affirmative action commitment 3. Appoint a top official within the organization to direct and implement the program 4. Survey minority and female employment by department and job classification 5. Develop goals and timetables to improve utilization of minorities and women in each area in which under-utilization has been identified 6. Develop and implement specific programs to achieve goals 7. Establish an internal audit and reporting system to monitor and evaluate progress in each aspect of the program 8. Develop supportive in-house and community programs

List the basic steps organizations should take in developing an affirmative action program:

> contracts > federal and state law > violations of public policy, implied contract, and good faith and fair dealing

List the exceptions to employment-at-will legislation:

The Civil Rights Act of 1964: "Title VII" prohibits employment discrimination on the basis of: > race > color > religion > sex > national origin - Established the Equal Employment Opportunity Commission (EEOC) to enforce its provisions. - Direct result of the civil rights movement in the early 1960s to ensure employment opportunities would be based on character or ability - States that is illegal for an employer to fail or refuse to hire or discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms. - This act applies to organizations with 15 or more employees working 20 or more weeks a year that are involved in interstate commerce, as well as state and local governments, employment agencies, and labor organizations

List the major provisions of each of the following pieces of EEO legislation The Civil Rights Act of ____

- 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 Ex. Cannot fire an employee for filing a discrimination claim with the EEOC or for giving testimony in a discrimination hearing

Retaliation of Participation and Opposition

Reverse Discrimination - the act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination

Reverse Discrimination

Sexual harassment - 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 an individual's employment > Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual, or > 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

Sexual Harassment

- one of HRM's major challenges is the legal constraints imposed by the government - HR and line managers need to understand legal requirements and prohibitions to manage in ways that are financially and ethically sound, and in doing so create a competitive advantage

Summary

The Age Discrimination in Employment Act of 1967: - Prohibits employers from discriminating against those 40 years and older in employment decisions because of age. Examples: excluding older workers from important work activities, selecting younger job applicants over older, better-qualified candidates, pressuring older employees into taking early retirement, reducing the job duties and responsibilities of older employees, terminating older employees through downsizing

The Age Discrimination in Employment Act of ____

The Americans with Disabilities Act of 1990: - According to EEOC, a disability is a physical or mental impairment that meets one or more of the following conditions: > substantially limits one or more major life activities > a record or past history of such an impairment > being "regarded as" having a disability by an employer whether you have one or not, usually in terms or hiring, firing or demotion - Under ADA, a firm must make "reasonable accommodation" to a physically or mentally disabled individual unless doing so would impose "undue hardship"

The Americans with Disabilities Act of _____

The Civil Rights Act of 1991: - Prohibits discrimination (same as Title VII) - Allows compensatory and punitive damages when intentional or reckless discrimination is proven - Congress has put limits on the amount of punitive damages. >14-100 employees $50,000 >101-200 employees $100,000 >201-500 employees $200,000 >500+ employees $300,000

The Civil Rights Act of ____

The Family and Medical Leave Act of 1993: - This act requires employers to provide employees up to 12 weeks of unpaid leave (job protection) for: > birth or adoption of a child > care for sick spouse, child, or parent > care for employee's own serious health problems - Covers only businesses with 50 or more employees within 75-mile radius; employees must have worked for over 1 year; top 10% highly paid employees are exempt

The Family and Medical Leave Act of _____

The Occupational Safety and Health Act of 1973: - This act created the Occupational Safety and Health Administration, which develops and enforces mandatory job safety and health standards - The main provision of OSHA states that 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 (general duty clause) - Employee Rights under OSHA: request an inspection, have a representative present at inspection, have dangerous substances identified, be promptly informed about exposure to hazards and given access to accurate records regarding exposures, have employer violations posted at work-site

The Occupational Safety and Health Act of ____