Chapter 3 Providing Equal Employment Opportunity and a Safe Workplace

Businesses' Role in Providing for Equal Employment Opportunity

Businesses' Role in Providing for Equal Employment Opportunity Rare is the business owner or manager who wants to wait for the government to identify that the business has failed to provide for equal employment opportunity. Instead, out of motives ranging from concern for fairness to the desire to avoid costly lawsuits and settlements, most companies recognize the importance of complying with these laws. Often, management depends on the expertise of human resource professionals to help in identifying how to comply. These professionals can help organizations take steps to avoid discrimination and provide reasonable accommodation

Vietnam Era Veteran's Readjustment Act of 1974

Vietnam Era Veteran's Readjustment Act of 1974 • Similar to the Rehabilitation Act, the Vietnam Era Veteran's Readjustment Act of • 1974 requires federal contractors and subcontractors to take affirmative action toward • employing veterans of the Vietnam War (those serving between August 5, 1964, and • May 7, 1975). The Office of Federal Contract Compliance Procedures, discussed later • in this chapter, has authority to enforce this act.

see notes the act also grants specific rightswhat are some examples

the annual summary that must be posted, even if no injuries or illnesses occurred. The act also grants specific rights; for example, employees have the right to: • Request an inspection. • Have a representative present at an inspection. • Have dangerous substances identified. • Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. • Have employer violations posted at the work site. Although OSHA regulations have a (sometimes justifiable) reputation for being complex, a company can get started in meeting these requirements by visiting OSHA's Web site ( www.osha.gov ) and looking up resources such as the agency's Small Business Handbook and its step-by-step guide called "Compliance Assistance Quick Start." The Department of Labor recognizes many specific types of hazards, and employers must comply with all the occupational safety and health standards published by NIOSH. For example, NIOSH is currently investigating exposures of workers in nail salons to the vapor from solvents contained in nail products. One part of the investigation includes a study of vented nail tables, which are a type of work table on which customers rest their hands for a manicure. On the vented tables, a downdraft is supposed to pull the vapors away from the technician's face. NIOSH is measuring how effective these tables are at reducing exposure to vapor and will use information from the research to develop educational guidelines for protecting workers in nail salons. 19 Although NIOSH publishes numerous standards, it is impossible for regulators to anticipate all possible hazards that could occur in the workplace. Thus, the generalduty clause requires employers to be constantly alert for potential sources of harm in the workplace (as defined by the standard of what a reasonably prudent person would do) and to correct them. Information about hazards can come from employees or from outside researchers. A recent study found that health care workers are unusually likely to develop work-related asthma. The researchers found that the disease occurred because the workers were frequently exposed to latex and disinfectants known to cause asthma. They also worked around asthma-aggravating materials, including cleaning products and materials used in renovating buildings. Hospitals and other health care providers can protect their workers from asthma by substituting nonlatex or powder-free gloves for powdered latex gloves. They also can be more selective in their use of disinfectants. 20

what is the four-fifths rule?

A commonly used test of disparate impact is the four-fifths rule, which finds evidence of discrimination if the hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. Keep in mind that this rule of thumb compares rates of hiring, not numbers of employees hired. Figure 3.4 illustrates how to apply the fourfifths rule. If the four-fifths rule is not satisfied, it provides evidence of discrimination. To avoid declarations of practizing illegally, an organization must show that the disparate impact caused by the practice is based on a "business necessity." This is accomplished by showing that the employment practice is related to a legitimate business need or goal. In our example, the city could argue that disparate impact of the pay increases between younger and older police officers and dispatchers was necessary to keep pay within the city's budget. Of course, it is ultimately up to the court to decide if the evidence provided by the organization shows a real business necessity or is illegal. The court will also consider if other practices could have been used that would have met the business need or goal but not resulted in discrimination. An important distinction between disparate treatment and disparate impact is the role of the employer's intent. Proving disparate treatment in court requires showing that the employer intended the disparate treatment, but a plaintiff need not show intent in the case of disparate impact. It is enough to show that the result of the treatment was unequal. For example, the requirements for some jobs, such as firefighters or pilots, have sometimes included a minimum height. Although the intent may be to identify people who can perform the jobs, an unintended result may be disparate impact on groups that are shorter than average. Women tend to be shorter than men, and people of Asian ancestry tend to be shorter than people of European ancestry. One way employers can avoid disparate impact is to be sure that employment decisions are really based on relevant, valid measurements. If a job requires a certain amount of strength and stamina, the employer would want measures of strength and stamina, not simply individuals' height and weight. The latter numbers are easier to obtain but more likely to result in charges of discrimination. Assessing validity of a measure can be a highly technical exercise requiring the use of statistics. The essence of such an assessment is to show that test scores or other measurements are significantly related to job performance. In the case of age discrimination, the Supreme Court's recent ruling allows a somewhat easier standard: To justify disparate impact on older employees, the employer must be able to show that the impact results from "reasonable factors other than age." 13 The Jackson police department set up a pay policy to help it recruit new officers, and the Supreme Court considered this plan reasonable

Age Discrimination in Employment Act (ADEA) what is Early-retirement incentives require?

Age Discrimination in Employment Act (ADEA) One category of employees not covered by Title VII is older workers. Older workers sometimes are concerned that they will be the targets of discrimination, especially when a company is downsizing. Older workers tend to be paid more, so a company that wants to cut labor costs may save by laying off its oldest workers. To counter such discrimination, Congress in 1967 passed the Age Discrimination in Employment Act (ADEA),- • which prohibits discrimination against workers who are over the age of 40. • Similar to Title VII, the ADEA outlaws hiring, firing, setting compensation rates, or • other employment decisions based on a person's age being over 40. • Many firms have offered early-retirement incentives as an alternative or supplement • to involuntary layoffs. Because this approach to workforce reduction focuses on • older employees, who would be eligible for early retirement, it may be in violation • of the ADEA. Early-retirement incentives require • that participating employees sign • an agreement waiving their rights to sue under the ADEA. Courts have tended to • uphold the use of early-retirement incentives and waivers as long as the individuals • were not coerced into signing the agreements, the agreements were presented in a • way the employees could understand (including technical legal requirements such • as the ages of discharged and retained employees in the employee's work unit), and • the employees had enough time to make a decision. 3 However, the Equal Employment Opportunity Commission recently expanded the interpretation of discriminatory retirement policies when it charged a law firm with having an illegal "age-based retirement policy." example According to the charges, Sidley Austin Brown & Wood, based in Chicago, gave more than 30 lawyers older than age 40 notice that their status was being lowered from partner to special counsel or counsel and that they would be expected to leave the firm in a few years. The firm described the action as a way to provide more opportunities for young lawyers, but lawyers who were pressured to retire contended they were forced out as a way to boost profits by replacing highly paid partners with less-experienced, lower-paid lawyers. Sidley Austin settled the suit at a cost of $27.5 million. 4

Americans with Disabilities Act (ADA) of 1990 what defines disability and what are some examplesof accommodations, if you hire a person with disability

Americans with Disabilities Act (ADA) of 1990 • One of the farthest-reaching acts concerning the management of human resources is • the Americans with Disabilities Act. This 1990 law protects individuals with disabilities • from being discriminated against in the workplace. It prohibits discrimination • based on disability in all employment practices such as job application procedures, • hiring, firing, promotions, compensation, and training. Other employment activities • covered by the ADA are employment advertising, recruitment, tenure, layoff, leave, • and fringe benefits. The ADA 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 The first part of the definition refers o to individuals who have serious disabilities—such as epilepsy, blindness, deafness, or o paralysis—that affect their ability to perform Major bodily functions and major life o activities such as walking, seeing, performing manual tasks, learning, caring for oneself, o and working. The second part refers to individuals who have a history of disability, o such as someone who has had cancer but is currently in remission, someone with o a history of mental illness, and someone with a history of heart disease. The third part o of the definition, "being regarded as having a disability," refers to people's subjective o reactions, as in the case of someone who is severely disfigured; an employer might o hesitate to hire such a person on the grounds that people will react negatively to such o an employee. In contrast to other EEO laws, the ADA goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the act. If a disabled person is selected to perform a job, the employer (perhaps in consultation with the disabled employee) determines what accommodations are necessary for the employee to perform the job. Examples include using ramps and lifts to make facilities accessible, redesigning job procedures, and providing technology such as TDD lines for hearing-impaired employees. Some employers have feared that accommodations under the ADA would be expensive. However, the Department of Labor has found that two-thirds of accommodations cost less than $500, and many of these cost nothing. As technology advances, the cost of many technologies has been falling. The " Best Practices " box provides an example of a company where accommodating disabilities has been well worth the effort

how to Avoiding Discrimination what is Disparate Treatment? And what are some examples how can companies avoid Disparate Treatment? is disparate treatment ever legal?

Avoiding Discrimination How would you know if you had been discriminated against? Decisions about human resources are so complex that discrimination is often difficult to identify and prove. However, legal scholars and court rulings have arrived at some ways to show evidence of discrimination. Disparate Treatment One sign of discrimination is disparate treatment —differing treatment of individuals, where the differences are based on the individuals' race, color, religion, sex, national origin, age, or disability status. For example, disparate treatment would include hiring or promoting one person over an equally qualified person because of the individual's race. Or suppose a company fails to hire women with school-age children (claiming the women will be frequently absent) but hires men with school-age children. In that situation, the women are victims of disparate treatment, because they are being treated differently based on their sex. To sustain a claim of discrimination based on disparate treatment, the women would have to prove that the employer intended to discriminate. To avoid disparate treatment, companies can evaluate the questions and investigations they use in making employment decisions. These should be applied equally. For example, if the company investigates conviction records of job applicants, it should investigate them for all applicants, not just for applicants from certain racial groups. Companies may want to avoid some types of questions altogether. For example, questions about marital status can cause problems, because interviewers may unfairly make different assumptions about men and women. (Common stereotypes about women have been that a married woman is less flexible or more likely to get pregnant than a single woman, in contrast to the assumption that a married man is more stable and committed to his work.) Evaluating interview questions and decision criteria to make sure they are job related is especially important given that bias is not always intentional or even conscious. Researchers have conducted studies finding differences between what people say about how they evaluate others and how people actually act on their attitudes. For example, one set of studies applied a statistical method called conjoint analysis, which marketers use to see how consumers value particular packages of product features. In conjoint analysis, subjects indicate their preferences in a whole set of decisions (for example, cars with different features and prices), and researchers analyze the results to determine what various features are worth to the subjects. To mimic hiring decisions, the researchers invited subjects either to participate in a team game or to rate possible jobs they might take, and then described people with various qualities. Subjects selected which candidates they wanted on their team or which job they would take. Although subjects said they didn't care about teammates' weight, they actually sacrificed IQ scores to select thin teammates, and although subjects said they didn't care about their boss's sex, they selected lower-paying offers when the boss was male. 10 These results suggest that even when we doubt we have biases, it may be helpful to use decision-making tools that keep the focus on the most important criteria. Is disparate treatment ever legal? The courts have held that in some situations, a factor such as sex or race may be a bona fide occupational qualification (BFOQ), that is, a necessary (not merely preferred) qualification for performing a job. A typical example is a job that includes handing out towels in a locker room. Requiring that employees who perform this job in the women's locker room be female is a BFOQ. However, it is very difficult to think of many jobs where criteria such as sex and race are BFOQs. In a widely publicized case from the 1990s, Johnson Controls, a manufacturer of car batteries, instituted a "fetal protection" policy that excluded women of childbearing age from jobs that would expose them to lead, which can cause birth defects. Johnson Controls argued that the policy was intended to provide a safe workplace and that sex was a BFOQ for jobs that involved exposure to lead. However, the Supreme Court disagreed, ruling that BFOQs are limited to policies directly related to a worker's ability to do the job. 11

Civil Rights Act of 1991

Civil Rights Act of 1991 o In 1991 Congress broadened the relief available to victims of discrimination by passing o a Civil Rights Act (CRA 1991). o CRA 1991 amends Title VII of the Civil Rights o Act of 1964, as well as the Civil Rights Act of 1866, the Americans with Disabilities o Act, and the Age Discrimination in Employment Act of 1967. One major change o in EEO law under CRA 1991 has been the addition of compensatory and punitive o damages in cases of discrimination under Title VII and the Americans with Disabilities o Act. Before CRA 1991, Title VII limited damage claims to equitable relief, which o courts have defined to include back pay, lost benefits, front pay in some cases, and o attorney's fees and costs. CRA 1991 allows judges to award compensatory and punitive damages when the plaintiff proves the discrimination was intentional or reckless. o Compensatory damages include such things as future monetary loss, emotional pain, o suffering, and loss of enjoyment of life. Punitive damages are a punishment; by requiring o violators to pay the plaintiff an amount beyond the actual losses suffered, the o courts try to discourage employers from discriminating. o Recognizing that one or a few discrimination cases could put an organization out o of business, and so harm many innocent employees, Congress has limited the amount o of punitive damages. As shown in Table 3.2 , the o amount of damages depends on the size of the o organization charged with discrimination. The o limits range from $50,000 per violation at a small o company (14 to 100 employees) to $300,000 at a o company with more than 500 employees. A company o has to pay punitive damages only if it discriminated o intentionally or with malice or reckless o indifference to the employee's federally protected o rights.

what is the Civil Rights Acts of 1866 and 1871?

Civil Rights Acts of 1866 and 1871 During Reconstruction, Congress passed two Civil Rights Acts to further the Thirteenth Amendment's goal of abolishing slavery. The Civil Rights Act of 1866 granted • all persons the same property rights as white citizens, as well as the right to enter into • and enforce contracts. Courts have interpreted the latter right as including employment contracts. 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. Although these laws might seem outdated, they are still used because they allow the plaintiff to recover both compensatory and punitive damages (that is, payment to compensate them for their loss plus additional damages to punish the offender).

Constitutional Amendments Two amendments to the U.S. Constitution—the Thirteenth and Fourteenth—have implications for human resource management. describe them

Constitutional Amendments Two amendments to the U.S. Constitution—the Thirteenth and Fourteenth—have implications for human resource management. The Thirteenth Amendment • abolished • slavery in the United States. though you might be hard-pressed to cite an example of race-based slavery in the United States today, the Thirteenth Amendment has been applied in cases where discrimination involved the "badges" (symbols) and "incidents" of slavery. The Fourteenth Amendment • forbids the states from taking life, liberty, or property • without due process of law and prevents the states from denying equal protection • of the laws. Recently it has been applied to the protection of whites in charges • of reverse discrimination. In a case that marked the early stages of a move away from • race-based quotas, example Alan Bakke alleged that as a white man he had been discriminated against in the selection of entrants to the University of California at Davis medical school. 2 The university had set aside 16 of the available 100 places for "disadvantaged" applicants who were members of racial minority groups. Under this quota system, Bakke was able to compete for only 84 positions, whereas a minority applicant was able to compete for all 100. The federal court ruled in favor of Bakke, noting that this quota system had violated white individuals' right to equal protection under the law. An important point regarding the Fourteenth Amendment is that it applies only to the decisions or actions of the government or of private groups whose activities are deemed government actions. Thus, a person could file a claim under the Fourteenth Amendment if he or she had been fired from a state university (a government organization) but not if the person had been fired by a private employer.

what is Disparate Impact? and what are some examples?

Disparate Impact Another way to measure discrimination is by identifying disparate impact — a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. In other words, the company's employment practices lack obvious discriminatory content, but they affect one group differently than others. Examples of employment practices that might result in disparate impact include pay, hiring, promotions, or training. A complaint was made by police officers and dispatchers in Jackson, Mississippi, that younger workers were receiving higher-percentage pay increases than the department was granting to older workers. Rather than intending to discriminate on the basis of age, the department was trying to bring starting pay into line with that of other police departments, but the policy had a disparate impact on different age groups.

Identifying and Communicating Job Hazards what is the job hazard analysis technique. ? what is The technic of operations review (TOR) ? To communicate with employees about job hazards, managers should what?

Employees, supervisors, and other knowledgeable sources need to sit down and discuss potential problems related to safety. One method for doing this is the job hazard analysis technique. With this technique, each job is broken down into basic elements, and each of these is rated for its potential for harm or injury . If there is agreement that some job element has high hazard potential, the group isolates the element and considers possible technological or behavior changes to reduce or eliminate the hazard. The " Did You Know? " box shows the leading causes of injuries at work in 2007. Another means of isolating unsafe job elements is to study past accidents. The technic of operations review (TOR) is an analysis method for determining which specific element of a job led to a past accident. The first step in a TOR analysis is to establish the facts surrounding the incident. To accomplish this, all members of the work group involved in the accident give their initial impressions of what happened. The group must then, through discussion, come to an agreement on the single, systematic failure that most likely contributed to the incident, as well as two or three major secondary factors that contributed to it. ex United Parcel Service combined job analysis with employee empowerment to reduce injury rates dramatically. Concerned about the many sprains, strains, and other injuries experienced by its workers, UPS set up Comprehensive Health and Safety Process (CHSP) committees that bring together management and nonmanagement employees. Each committee investigates and reports on accidents, conducts audits of facilities and equipment, and advises employees on how to perform their jobs more safely. For example, the committees make sure delivery people know safe practices for lifting packages and backing up trucks. Whenever committee members see someone behaving unsafely, they are required to intervene. Since the CHSP committees began their work, the injury rate at UPS has fallen from over 27 injuries per 200,000 hours worked to just 10.2 injuries per 200,000, well on the way to the company's target injury rate of 3.2 per 200,000 hours. 25 To communicate with employees about job hazards, managers should talk directly with their employees about safety. Memos also are important, because the written communication helps establish a "paper trail" that can later document a history of the employer's concern regarding the job hazard. Posters, especially if placed near the hazard, serve as a constant reminder, reinforcing other messages. In communicating risk, managers should recognize that different groups of individuals may constitute different audiences. For example, as women started entering more sectors of the workforce, it became apparent that personal protective equipment designed with men in mind did not always fit women very well. For example, cutresistant leather gloves designed for men's hands often proved too clumsy and bulky for female workers. Likewise, gloves that are too big can actually make handling of slippery or wet items more dangerous. And when gloves or other equipment doesn't fit properly, workers are less motivated to wear it, losing the equipment's protection altogether Fortunately, equipment designers today are becoming more aware of the needs of their customers' female employees, so more sizes and designs are now available. 26 Other workers who may be at higher risk are at each end of the age spectrum. Older workers tend to have fewer but more severe injuries and take longer to recover. In addition, whereas young workers are more likely to suffer an acute injury such as a cut or burn, older workers are more likely to injure themselves as a result of cumulative trauma, such as repetitive motions, awkward postures, and the use of too much force over and over. Such injuries can often be prevented with careful job design. 27 Organizations may need to make reasonable accommodations in response to their concerns, both to protect their employees and to meet the challenges of an aging workforce, described in Chapter 2. With young workers, the safety challenge is to protect them from risk taking. Young workers may be especially eager to please the adults they work with, and they may be more fearful than their older colleagues when safety requires challenging authority. Employees who are new to the workforce may not be aware of the health and safety laws that are supposed to protect them. Research by the National Safety Council indicates that 40 percent of accidents happen to individuals in the 20-to-29 age group and that 48 percent of accidents happen to workers during their first year on the job. 28 The "HR Oops!" box shows the danger of assuming that employees are aware of safety risks on the job.

what is the EEO Policy? what is Affirmative Action and Reverse Discrimination? what is Reasonable Accommodation:

EEO Policy Employers can also avoid discrimination and defend against claims of discrimination by establishing and enforcing an EEO policy. The policy should define and prohibit unlawful behaviors, as well as provide procedures for making and investigating complaints. The policy also should require that employees at all levels engage in fair conduct and respectful language. Derogatory language can support a court claim of discrimination. Affirmative Action and Reverse Discrimination In the search for ways to avoid discrimination, some organizations have used affirmative- action programs, usually to increase the representation of minorities. In its original form, affirmative action was meant as taking extra effort to attract and retain minority employees. These efforts have included extensively recruiting minority candidates on college campuses, advertising in minority-oriented publications, and providing educational and training opportunities to minorities. However, over the years, many organizations have resorted to quotas, or numerical goals for the proportion of certain minority groups, to ensure that their workforce mirrors the proportions of the labor market. Sometimes these organizations act voluntarily; in other cases, the quotas are imposed by the courts or the EEOC. Whatever the reasons for these hiring programs, by increasing the proportion of minority or female candidates hired or promoted, they necessarily reduce the proportion of white or male candidates hired or promoted. In many cases, white and/or male individuals have fought against affirmative action and quotas, alleging what is called reverse discrimination. In other words, the organizations are allegedly discriminating against white males by preferring women and minorities. Affirmative action remains controversial in the United States. Surveys have found that Americans are least likely to favor affirmative action when programs use quotas. 14 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.

what are the Employee Rights and Responsibilities?

Employee Rights and Responsibilities Although the OSH Act makes employers responsible for protecting workers from safety and health hazards, employees have responsibilities as well. They have to follow OSHA's safety rules and regulations governing employee behavior. Employees also have a duty to report hazardous conditions. Along with those responsibilities go certain rights. Employees may file a complaint and request an OSHA inspection of the workplace, and their employers may not retaliate against them for complaining. Employees also have a right to receive information about any hazardous chemicals they handle in the course of their jobs. OSHA's Hazard Communication Standard and many states' right-to-know laws require employers to provide employees with information about the health risks associated with exposure to substances considered hazardous. State right-to-know laws may be more stringent than federal standards, so organizations should obtain requirements from their state's health and safety agency, as well as from OSHA. Under OSHA's Hazard Communication Standard, organizations must have material safety data sheets (MSDSs) for chemicals that employees are exposed to. An MSDS is a form that details the hazards associated with a chemical; the chemical's producer or importer is responsible for identifying these hazards and detailing them on the form. Employers must also ensure that all containers of hazardous chemicals are labeled with information about the hazards, and they must train employees in safe handling of the chemicals.

Enforcement of the OSH Act

Enforcement of the OSH Act To enforce the OSH Act, the Occupational Safety and Health Administration conducts inspections. OSHA compliance officers typically arrive at a workplace unannounced; for obvious reasons, OSHA regulations prohibit notifying employers of inspections in advance. After presenting credentials, the compliance officer tells the employer the reasons for the inspection and describes, in a general way, the procedures necessary to conduct the investigation. An OSHA inspection has four major components. First, the compliance officer reviews the company's records of deaths, injuries, and illnesses. OSHA requires this kind of record keeping at all firms with 11 or more full- or part-time employees . Next, the officer—typically accompanied by a representative of the employer (and perhaps by a representative of the employees)—conducts a "walkaround" tour of the employer's premises. On this tour, the officer notes any conditions that may violate specific published standards or the less specific general-duty clause. The third component of the inspection, employee interviews, may take place during the tour. At this time, anyone who is aware of a violation can bring it to the officer's attention. Finally, in a closing conference, the compliance officer discusses the findings with the employer, noting any violations. Following an inspection, OSHA gives the employer a reasonable time frame within which to correct the violations identified. If a violation could cause serious injury or death, the officer may seek a restraining order from a U.S. District Court. The restraining order compels the employer to correct the problem immediately. In addition, if an OSHA violation results in citations, the employer must post each citation in a prominent place near the location of the violation. Besides correcting violations identified during the inspection, employers may have to pay fines. These fines range from $20,000 for violations that result in death of an employee to $1,000 for less-serious violations. Other penalties include criminal charges for falsifying records that are subject to OSHA inspection or for warning an employer of an OSHA inspection without permission from the Department of Labor.

what is Equal Employment Opportunity? The federal government's efforts to create equal employment opportunity include what?

Equal Employment Opportunity • Among the most significant efforts to regulate human resource management are those • aimed at achieving equal employment opportunity (EEO) —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 to create equal employment opportunity include • constitutional amendments, • legislation, and executive orders, as well as court decisions that interpret the laws. • Table 3.1 summarizes major EEO laws discussed in this chapter. These are U.S. laws; • equal employment laws in other countries may differ. Among the most significant efforts to regulate human resource management are those aimed at achieving equal employment opportunity (EEO). The federal government's efforts to create EEO include: • Constitutional amendments • Legislation • Executive orders • Court decisions that interpret the law

Equal Employment Opportunity Commission (EEOC) The Equal Employment Opportunity Commission (EEOC) is responsible for The EEO-1 report

Equal Employment Opportunity Commission (EEOC) The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing most of the EEO laws, including Title VII, the Equal Pay Act, and the Americans with Disabilities Act. To do this, the EEOC investigates and resolves complaints about discrimination, gathers information, and issues guidelines. When individuals believe they have been discriminated against, they may file a complaint with the EEOC or a similar state agency. They must file the complaint within 180 days of the incident. Figure 3.3 illustrates the number of charges filed with the EEOC for different types of discrimination in 2009. Many individuals file more than one type of charge (for instance, both race discrimination and retaliation), so the total number of complaints filed with the EEOC is less than the total of the amounts in each category. After the EEOC receives a charge of discrimination, it has 60 days to investigate the complaint. If the EEOC either does not believe the complaint to be valid or fails to complete the investigation within 60 days, the individual has the right to sue in federal court. If the EEOC determines that discrimination has taken place, its representatives will attempt to work with the individual and the employer to try to achieve a reconciliation without a lawsuit. Sometimes the EEOC enters into a consent decree with the discriminating organization. This decree is an agreement between the agency and the organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative-action practices to rectify its history of discrimination. A settlement with the EEOC can be costly, including such remedies as back pay, reinstatement of the employee, and promotions. If the attempt at a settlement fails, the EEOC has two options. It may issue a "right to sue" letter to the alleged victim. This letter certifies that the agency has investigated the victim's allegations and found them to be valid. The EEOC's other option, which it uses less often, is to aid the alleged victim in bringing suit in federal court. The EEOC also monitors organizations' hiring practices. Each year organizations that are government contractors or subcontractors or have 100 or more employees must file an Employer Information Report (EEO-1) with the EEOC. The EEO-1 report is an online questionnaire requesting the number of employees in each job category (such as managers, professionals, and laborers), broken down by their status as male or female, Hispanic or non-Hispanic, and members of various racial groups. The EEOC analyzes those reports to identify patterns of discrimination, which the agency can then attack through class-action lawsuits. Employers must display EEOC posters detailing employment rights. These posters must be in prominent and accessible locations—for example, in a company's cafeteria or near its time clock. Also, employers should retain copies of documents related to employment decisions—recruitment letters, announcements of jobs, completed job applications, selections for training, and so on. Employers must keep these records for at least six months or until a complaint is resolved, whichever is later. Besides resolving complaints and suing alleged violators, the EEOC issues guidelines designed to help employers determine when their decisions violate the laws enforced by the EEOC. These guidelines are not laws themselves. However, the courts give great consideration to them when hearing employment discrimination cases. For example, the Uniform Guidelines on Employee Selection Procedures is a set of guidelines issued by the EEOC and other government agencies. The guidelines identify ways an organization should develop and administer its system for selecting employees so as not to violate Title VII. The courts often refer to the Uniform Guidelines to determine whether a company has engaged in discriminatory conduct. Similarly, in the Federal Register, the EEOC has published guidelines providing details about what the agency will consider illegal and legal in the treatment of disabled individuals under the Americans with Disabilities Act

Equal Pay Act of 1963

Equal Pay Act of 1963 • Under the Equal Pay Act of 1963, if men and women in an organization are doing • equal work, the employer must pay them equally. The act defines equal in terms of • skill, effort, responsibility, and working conditions. However, the act allows for reasons • why men and women performing the same job might be paid differently. If the • pay differences result from differences in seniority, merit, quantity or quality of production, • or any factor other than sex (such as participating in a training program or • working the night shift), then the differences are legal.

Two executive orders that directly affect human resource management are Executive Order 11246 Ececutive order 11478

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. Ececutive order 11478 • Requires federal government to base all its employment decisions on merit and fitness. • Also covers organizations doing at least $10,000 worth of business with federal government. Two executive orders that directly affect human resource management are Executive Order 11246, issued by Lyndon Johnson, and Executive Order 11478, issued by Richard Nixon. Executive Order 11246 prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin. In addition, employers whose contracts meet minimum size requirements must engage in affirmative action to ensure against discrimination. 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. This executive order is enforced by the Office of Federal Contract Compliance Procedures. Executive Order 11478 requires the federal government to base all its employment policies on merit and fitness. It specifies that race, color, sex, religion, and national origin may not be considered. Along with the government, the act covers all contractors and subcontractors doing at least $10,000 worth of business with the federal government. The U.S. Office of Personnel Management is in charge of ensuring that the government is in compliance, and the relevant government agencies are responsible for ensuring the compliance of contractors and subcontractors.

General and Specific Duties of the OSH Act

General and Specific Duties The main provision of the OSH Act 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. This is called the act's general-duty clause. Employers also must keep records of work-related injuries and illnesses and post an annual summary of these records from February 1 to April 30 in the following year. Figure 3.6 shows a sample of OSHA's Form 300A,

Genetic Information Nondiscrimination Act of 2008

Genetic Information Nondiscrimination Act of 2008 Employers may not use genetic information in making decision related to 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 Under GINA's requirements, companies with 15 or more employees may not use genetic information in making decisions related to the terms, conditions, or privileges of employment—for example, decisions to hire, promote, or lay off a worker. This genetic information includes information about a person's genetic tests, genetic tests of the person's family members, and family medical histories. Furthermore, employers may not intentionally obtain this information, except in certain limited situations (such as an employee voluntarily participating in a wellness program or requesting time off to care for a sick relative). If companies do acquire such information, they must keep the information confidential. The law also forbids harassment of any employee because of that person's genetic information.

what are the Impact of the OSH Act?

Impact of the OSH Act The OSH Act has unquestionably succeeded in raising the level of awareness of occupational safety. Yet legislation alone cannot solve all the problems of work site safety. Indeed, the rate of occupational illnesses more than doubled between 1985 and 1990, according to the Bureau of Labor Statistics, while the rate of injuries rose by about 8 percent. However, as depicted in Figure 3.7 , both rates have shown an overall downward trend since then. 21 Many industrial accidents are a product of unsafe behaviors, not unsafe working conditions. Because the act does not directly regulate employee behavior, little behavior change can be expected unless employees are convinced of the standards' importance. 22 Conforming to the law alone does not necessarily guarantee their employees will be safe, so many employers go beyond the letter of the law. In the next section we examine various kinds of employer-initiated safety awareness programs that comply with OSHA requirements and, in some cases, exceed them.

Legislation

Legislation The periods following the Civil War and during the civil rights movement of the 1960s were times when many voices in society pressed for equal rights for all without regard to a person's race or sex. In response, Congress passed laws designed to provide for equal opportunity. In later years, Congress has passed additional laws that have extended EEO protection more broadly.

Occupational Safety and Health Act (OSH Act) The OSH Act divided enforcement responsibilities between the Department of Labor and the Department of Health. Under the Department of Labor, the Occupational Safety and Health Administration (OSHA) is responsible for what?

Occupational Safety and Health Act (OSH Act) Like equal employment opportunity, the protection of employee safety and health is regulated by the government. Through the 1960s, workplace safety was primarily an issue between workers and employers. By 1970, however, roughly 15,000 work-related fatalities occurred every year. That year, Congress enacted the Occupational Safety and Health Act (OSH Act), the most comprehensive U.S. law regarding worker safety. The OSH Act authorized the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. The OSH Act divided enforcement responsibilities between the Department of Labor and the Department of Health. Under the Department of Labor, the Occupational Safety and Health Administration (OSHA) is responsible for inspecting employers, applying safety and health standards, and levying fines for violation. The Department of Health is responsible for conducting research to determine the criteria for specific operations or occupations and for training employers to comply with the act. Much of the research is conducted

Office of Federal Contract Compliance Procedures (OFCCP) there written, and affirmative action plan includes three basic components, which are? If the agency finds that a contractor or subcontractor is not complying with the requirements what options they can take?

Office of Federal Contract Compliance Procedures (OFCCP) • Responsible for enforcing executive orders that cover companies doing business with federal government. • Audits government contractors to ensure they are actively pursuing goals in their affirmative action plans. The Office of Federal Contract Compliance Procedures (OFCCP) is the agency responsible for enforcing the executive orders that cover companies doing business with the federal government. As we stated earlier in the chapter, businesses with contracts for more than $50,000 may not discriminate in employment based on race, color, religion, national origin, or sex, and they must have a written affirmative action plan on file. This plan must include three basic components: 1. Utilization analysis —A comparison of the race, sex, and ethnic composition of the employer's workforce with that of the available labor supply. The percentages in the employer's workforce should not be greatly lower than the percentages in the labor supply. 2. Goals and timetables —The percentages of women and minorities the organization seeks to employ in each job group, and the dates by which the percentages are to be attained. These are meant to be more flexible than quotas, requiring only that the employer have goals and be seeking to achieve the goals. 3. Action steps —A plan for how the organization will meet its goals. Besides working toward its goals for hiring women and minorities, the company must take affirmative steps toward hiring Vietnam veterans and individuals with disabilities. Each year, the OFCCP audits government contractors to ensure they are actively pursuing the goals in their plans. The OFCCP examines the plan and conducts onsite visits to examine how individual employees perceive the company's affirmative action policies. If the agency finds that a contractor or subcontractor is not complying with the requirements, it has several options. It may notify the EEOC (if there is evidence of a violation of Title VII), advise the Department of Justice to begin criminal proceedings, request that the Secretary of Labor cancel or suspend any current contracts with the company, and forbid the firm from bidding on future contracts. For a company that depends on the federal government for a sizable share of its business, that last penalty is severe.

Pregnancy Discrimination Act of 1978

Pregnancy Discrimination Act of 1978 • An amendment to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination • Act of 1978 defines discrimination on the basis of pregnancy, childbirth, or • related medical conditions to be a form of illegal sex discrimination. According to the • EEOC, this means that employers must treat "women who are pregnant or affected • by related conditions . . . in the same manner as other applicants or employees with • similar abilities or limitations." 6 o For example, an employer may not refuse to hire a o woman because she is pregnant. Decisions about work absences or accommodations o must be based on the same policies as the organization uses for other disabilities. Benefits, o including health insurance, should cover pregnancy and related medical conditions o in the same way that it covers other medical conditions.

Promoting Safety Internationally

Promoting Safety Internationally Given the increasing focus on international management, organizations also need to consider how to ensure the safety of their employees regardless of the nation in which they operate. Cultural differences may make this more difficult than it seems. For example, a study examined the impact of one standardized corporation wide safety policy on employees in three different countries: the United States, France, and Argentina. The results of this study indicate that employees in the three countries interpreted the policy differently because of cultural differences. The individualistic, control-oriented culture of the United States stressed the role of top management in ensuring safety in a top-down fashion. However, this policy failed to work in Argentina, where the culture is more "collectivist" (emphasizing the group). Argentine employees tend to feel that safety is everyone's joint concern, so the safety programs needed to be defined from the bottom of the organization up. 31 Another challenge in promoting safety internationally is that laws, enforcement practices, and political climates vary from country to country. With the increasing use of offshoring, described in Chapter 2, more companies have operations in countries where labor standards are far less strict than U.S. standards. Managers and employees in these countries may not think the company is serious about protecting workers' health and safety. In that case, strong communication and oversight will be necessary if the company intends to adhere to the ethical principle of valuing its foreign workers' safety as much as the safety of its U.S. workers. The Gap treats this issue as part of its corporate social responsibility. The company views its supply chain as socially sustainable only when working conditions and factory conditions meet acceptable business practices. According to Eva Sage-Gavin, Gap's executive vice president of human resources and corporate communications, "We know that better factory working conditions lead to better factories, and better factories make better products." In addition, Sage-Gavin notes, Gap employees in the United States care about working for a company they view as socially responsible, so these efforts also matter for corporate performance at home. 32

Providing Reasonable Accommodatio

Providing Reasonable Accommodation Especially in situations involving religion and individuals with disabilities, equal employment opportunity may require that an employer make reasonable accommodation. In employment law, this term refers to an employer's obligation to do something to enable an otherwise qualified person to perform a job. example The Vail Corporation recently settled a case in which a Christian supervisor claimed that the ski resort operator failed to make religious accommodation, because it scheduled her so she had to work during the time of her religious services, even though other employees were available to work during those hours. Under the terms of the settlement, the Vail Corporation agreed to accommodate the employee's religious practices with more flexible scheduling. The company also had to educate its employees on avoiding harassment, because the supervisor's manager and co-workers had created a hostile environment in which she repeatedly felt offended. In the context of religion, this principle recognizes that for some individuals, religious observations and practices may present a conflict with work duties, dress codes, or company practices. For example, some religions require head coverings, or individuals might need time off to observe the sabbath or other holy days, when the company might have them scheduled to work. When the employee has a legitimate religious belief requiring accommodation, the employee should demonstrate this need to the employer. Assuming that it would not present an undue hardship, employers are required to accommodate such religious practices. They may have to adjust schedules so that employees do not have to work on days when their religion forbids it, or they may have to alter dress or grooming requirements. For employees with disabilities, reasonable accommodations also vary according to the individuals' needs. As shown in Figure 3.5 , employers may restructure jobs, make facilities in the workplace more accessible, modify equipment, or reassign an employee to a job that the person can perform. In some situations, a disabled individual may provide his or her own accommodation, which the employer allows, as in the case of a blind worker who brings a guide dog to work. If accommodating a disability would require significant expense or difficulty, however, the employer may be exempt from the reasonable accommodation requirement (although the employer may have to defend this position in court). An accommodation is considered "reasonable" if it does not impose an undue hardship on the employer, such as an expense that is large in relation to a company's resources.

Regulation of Human Resource Management name and describe all 3 of them Some federal agencies involved in regulating human resource management are what?

Regulation of Human Resource Management All three branches of the U.S. government play an important role in creating a legal environment for HRM. 1. Legislative Branch: consists of the two houses of Congress. It has enacted a number of laws governing HR activities. Laws are generally developed in response to perceived societal needs. 2. Executive Branch: the president and the many regulatory agencies that the president oversees is responsible for enforcing the laws passed by Congress. Agencies can do with regulations detailing how to abide by laws and by filing suit against alleged violators. The president may issue executive orders, which are directives issued solely by the president, without requiring congressional approval. Some federal agencies involved in regulating human resource management include the Equal Employment Opportunity Commission and the Occupational Safety and Health Administration In addition, the president may issue executive orders, which are directives issued solely by the president, without requiring congressional approval. Some executive orders regulate the activities of organizations that have contracts with the federal government. For example, President Lyndon Johnson signed Executive Order 11246, which requires all federal contractors and subcontractors to engage in affirmative-action programs designed to hire and promote women and minorities. Judicial Branch: The federal court system. Influences employment law by interpreting the law and holding trials concerning violations of the law. U.S. Supreme Court is at the head of the judicial branch. It is the court of final appeal. Decisions made by the court are binding and can be overturned only through laws passed by Congress

Reinforcing Safe Practices One common technique for reinforcing safe practicesis what?

Reinforcing Safe Practices To ensure safe behaviors, employers should not only define how to work safely but reinforce the desired behavior. One common technique for reinforcing safe practices is implementing a safety incentive program to reward workers for their support of and commitment to safety goals. Such programs start by focusing on monthly or quarterly goals or by encouraging suggestions for improving safety. Possible goals might include good housekeeping practices, adherence to safety rules, and proper use of protective equipment. Later, the program expands to include more wide-ranging, long-term goals. Typically, the employer distributes prizes in highly public forums, such as company or department meetings. Using merchandise for prizes, instead of cash, provides a lasting symbol of achievement. A good deal of evidence suggests that such incentive programs are effective in reducing the number and cost of injuries. 29 Besides focusing on specific jobs, organizations can target particular types of injuries or disabilities, especially those for which employees may be at risk. For example, Prevent Blindness America estimates that 2,000 eye injuries occur every day in occupational settings. 30 Organizations can prevent such injuries through a combination of job analysis, written policies, safety training, protective eyewear, rewards and sanctions for safe and unsafe behavior, and management support for the safety effort. Similar practices for preventing other types of injuries are available in trade publications, through the National Safety Council, and on the Web site of the Occupational Safety and Health Administration ( www.osha.gov ).

define Sexual Harassment how to prevent sexual harassment

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. Under these guidelines, preventing sexual discrimination includes managing the workplace in a way that does not permit anybody to threaten or intimidate employees through sexual behavior. In general, the most obvious examples of sexual harassment involve quid pro quo harassment, meaning that a person makes a benefit (or punishment) contingent on an employee's submitting to (or rejecting) sexual advances. For example, a manager who promises a raise to an employee who will participate in sexual activities is engaging in quid pro quo harassment. Likewise, it would be sexual harassment to threaten to reassign someone to a less-desirable job if that person refuses sexual favors. A more subtle, and possibly more pervasive, form of sexual harassment is to create or permit a "hostile working environment." This occurs when someone's behavior in the workplace creates an environment in which it is difficult for someone of a particular sex to work. Common complaints in sexual harassment lawsuits include claims that harassers ran their fingers through the plaintiffs' hair, made suggestive remarks, touched intimate body parts, posted pictures with sexual content in the workplace, and used sexually explicit language or told sex-related jokes. The reason that these behaviors are considered discrimination is that they treat individuals differently based on their sex To ensure a workplace free from sexual harassment, organizations can follow some important steps. First, the organization can develop a policy statement making it very clear that sexual harassment will not be tolerated in the workplace. Second, all employees, new and old, can be trained to identify inappropriate workplace behavior. In addition, the organization can develop a mechanism for reporting sexual harassment in a way that encourages people to speak out. Finally, management can prepare to act promptly to discipline those who engage in sexual harassment, as well as to protect the victims of sexual harassment. The " HR How To " box provides some additional guidance on responding to complaints.

The Government's Role in Providing for Equal Employment Opportunity

The Government's Role in Providing for Equal Employment Opportunity • Responsible for enforcing most of EEO laws. Investigates and resolves complaints about discrimination Gathers information Issues guidelines Monitors organizations' hiring practices • Complaints must be filed within 180 days of incident. • EEOC has 60 days to investigate complaint.

The Vocational Rehabilitation Act of 1973 Vietnam Era Veteran's Readjustment Act of 1974

The Vocational Rehabilitation Act of 1973 • was intended to enhance employment opportunities for individuals with disabilities. The act covers executive agencies, contractors, and subcontractors that receive more than $2,500 annually from the federal government. Vietnam Era Veteran's Readjustment Act of 1974 requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War (those serving between August 5, 1964, and May 7, 1975).

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 The major law regulating equal employment opportunity in the United States is Title VII of the Civil Rights Act of 1964. Title VII directly resulted from the civil rights movement of the early 1960s, led by such individuals as Dr. Martin Luther King Jr. To ensure that employment opportunities would be based on character or ability rather than on race, Congress wrote and passed Title VII, and President Lyndon Johnson signed it into law in 1964. The law is enforced by the Equal Employment Opportunity Commission (EEOC), an agency of the Department of Justice. Title VII • prohibits employers from discriminating against individuals because of • their race, color, religion, sex, or national origin. An employer may not use these • characteristics as the basis for not hiring someone, for firing someone, or for discriminating • against them in the terms of their pay, conditions of employment, or • privileges of employment. In addition, an employer may not use these characteristics • to limit, segregate, or classify employees or job applicants in any way that would • deprive any individual of employment opportunities or otherwise adversely affect • his or her status as an employee. • The act applies to organizations that employ 15 or more persons working 20 or more weeks a year and that are involved in interstate • commerce, as well as state and local governments, employment agencies, and labor • organizations Title VII also states that employers may not retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice. Opposition refers to expressing to someone through proper channels that you believe an illegal employment act has taken place or is taking place. Participation in a proceeding refers to testifying in an investigation, hearing, or court proceeding regarding an illegal employment act. The purpose of this provision is to protect employees from employers' threats and other forms of intimidation aimed at discouraging employees from bringing to light acts they believe to be illegal. Companies that violate this prohibition may be liable for punitive damages.

Affirmative action

• is an organization's active effort • to find opportunities to hire or promote people in a particular group. Thus, Congress • intended this act 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. • The Department of Labor's Employment Standards • Administration enforces this act.

Uniformed Services Employment and Reemployment Rights Act of 1994

• 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 When members of the armed services were called up following the terrorist attacks of September 2001, a 1994 employment law—the Uniformed Services Employment and Reemployment Rights Act (USERRA)—assumed new significance. Under this law, employers must reemploy workers who left jobs to fulfill military duties for up to five years. When service members return from active duty, the employer must reemploy them in the job they would have held if they had 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 also have up to two years to recover from injuries received during their service or training, and employers must make reasonable accommodations for a remaining disability. Service members also have duties under USERRA. Before leaving for duty, they are to give their employers notice, if possible. After their service, the law sets time limits for applying to be reemployed. Depending on the length of service, these limits range from approximately 2 to 90 days. Veterans with complaints under USERRA can obtain assistance from the Veterans' Employment and Training Service of the Department of Labor.