Chapter 3: Providing equal employment opportunity and a safe workplace

NIOSH

(National Institute for Occupational Safety and Health)

identify the federal agencies that enforce equal employment opportunity and describe the role of each

- equal employment commission is responsible for enforcing most of the EEO laws including title VII and Americans with disabilities act. it investigates and resolves complaints, gathers info and issues guidelines -office of federal contract compliance procedures is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government. it monitors affirmative action plans and take action against companies that fail to comply

Equal pay act 1963 (legislation)

- if men and women in organization are doing equal work, the employers must pay them equally -however the act allows for reasons why men and women performing the same job might be paid differently -seniority, merit, quantity or quality of production or any factor other than sex, then the differences are legal

Describe the role of the occupational safety and health administration

- occupational safety and health administration published regulations and conducts inspections -is OSHA finds violations it discusses them with the employer and monitors the employers response in correcting the violation

Title VII of the Civil Rights Act of 1964 (continued) 3

- states employers may not retaliate against employees for either "opposing" a perceived illegal employment practices or "participating in a proceeding" related to alleged illegal employment practice

Legislation

-Civil Rights Acts of 18 66 and 18 71. -Equal Pay Act of 19 63. Title VII of the Civil Rights Act of 19 64 • Enforced by Equal Employment Opportunity Commission (E E O C). Age Discrimination in Employment Act (A D E A).

Which statement is false?

-During an interview, it is legal to ask only women if they have child-care needs.

Office of Federal Contract Compliance Programs (O F C C P)

-Enforces executive orders that cover companies doing business with the federal government. -Audits government contractors to ensure they are actively pursuing goals in their affirmative action plans. Plan must include: - Utilization analysis: A comparison of race, sex, and ethnic composition of the employers workforce with that of the available labor supply. The % in employers workforce should not be greatly lower than % in labor supply -Goals and timetables: % of women and minorities the organization seeks to employ in each job group, and the dates by which the % 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 - 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

Executive Orders

-Executive order 11246 and 11478

Fourteenth Amendment

-Forbids states from taking life, liberty, or property without due process of law.- Prevents states from denying equal protection of discrimination. -Applies to decisions or actions of government or private groups whose activities are deemed government actions.

Equal Employment Opportunity Commission (E E O C)

-Responsible for enforcing most E E O laws. -Investigates and resolves discrimination complaints. -Monitors organizations' hiring practices. -Collects and analyzes E E O-1 reports. Issues guidelines to determine law violations .• Uniform Guidelines on Employee Selection Procedures.

Discuss ways employers promote worker safety and health.

-besides complying with OSHA regulations, employers often establish saftey awaraness programs designed to instill and emphasis on safety -they may identify and communicate hazards through the job hazard analysis technique -they must adapt communications and training to the needs of different employees such as differences in experience levels or cultural differences from one country to another -employers may also establish incentive programs to rewards safe behavior

legislation (CRA 1866 and 1871)

-congress passed 2 civil rights acts to further 13th amendments goal of abolishing slavery. -CRA 1866 granted all persons the same property rights as white citizens as well as the right to enter into and enforce contracts -CRA 1871 granted all citizens the right to sue in federal court if they feel been deprived of some civil right

Vocational Rehabilitation Act of 1973 (legislation)

-congress passed act to enhance employment opportunity for individuals with disabilities -act covers executive agencies and contractors and subcontractors that receive more than $2,500 annually from federal government -organizations must engage in affirmative action for individuals with disabilities -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 -departments of labors employment standard administration enforces this act

Title VII of the CRA of 1964 (legislation)

-major law regulating equal employment opportunity in the US is Title VII of CRA 1964 -Title VII resulted from CRA of early 1960s -lead by Martin Luther King -ensure that employment opportunities would be based on character or ability rather than on race, congress passed the title and president Johnson signed into law -law enforced EEOC and agency of the department of justice

Age Discrimination in Employment Act (ADEA) (legislation)

-one category of employees not covered by title VII is older workers -congress in 1967 passed the 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 persons age being over 40 -age discrimination complaints make up a large percentage of complaints filed with the EEOC and whenever the economy is slow, the number of complaints grow

Title VII of the Civil Rights Act of 1964 (continued)

-prohibits employers from discriminating against individuals because of their race, color, religion or national origin -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

Explain employers' duties under the Occupational Safety and Health Act.

-under the occupational safety and health act, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards -they must inform employees about hazardous substances -they must maintain and post records of accidents and illnesses -they must comply with NIOSH standards about specific occupational hazards

Constitutional Amendments

13th amendment and 14th amendments

two amendments to the US constitution...

13th and 14th have implications for HRM

Genetic Information Nondiscrimination Act (GINA)

A 2008 Federal law that prohibits employers from discriminating against applicants or employees on the basis of genetic information gleaned from the individual or family members.

BFOQ

An identifiable characteristic is reasonably necessary to the normal operation of a particular business. Such characteristics can include gender, national origin, and religion. NEVER RACE

Uniformed Services Employment and Reemployment Rights Act

Aric Miller, an Army reservist sergeant, was deployed for service with the 363rd military police unit in Iraq for over a year. When he returned to the states, he was able to resume his job as an elementary school teacher thanks to the 19 94 Uniformed Services Employment and Reemployment Rights Act. The act requires employers to reemploy service members in the job they would have held if they had not left to serve in the military.

Avoiding Discrimination

Disparate treatment: • Differing treatment of individuals based on race, color, religion, sex, national origin, age, or disability status. • Companies should evaluate interview questions and decision criteria to make sure they are job related and applied equally. • Legal when there is a bona fide occupational qualification (B F O Q). • A necessary (not merely preferred) qualification for performing a job. • Supreme Court ruled that B F O Q s are limited to policies directly related to worker's ability to do the job.

Executive Branch established agencies such as

EEOC, OSHA to enforce the laws by publishing regulations, filing lawsuits, and performing other activities. the president may also issue executive orders, such as requirements for federal contractors

Occupational Safety and Health Act ( Employee rights and employee responsibilities)

Employee Rights • File complaints and request O S H A inspections. • Receive information about hazardous chemicals they handle in the course of their jobs. Employee Responsibilities • Follow O S H A's safety rules governing employee behavior. • Report hazardous conditions in the workplace.

General and Specific Duties (continued)

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.

Providing Reasonable Accommodation

Employer required to do something to enable all otherwise qualified individuals to perform the job. • Religion and disabilities should be considered. Employer may be exempt from providing accommodation if it would require significant expense or difficulty. • Accommodation "reasonable" if it does not impose an undue hardship on employer. • Employers may perceive more hardship than what actually exists.

Avoiding Discrimination (continued)

Employers can establish and enforce an E E O policy. • Defines and prohibits unlawful behaviors. • Provides procedures for making and investigating complaints. Affirmative action and reverse discrimination: • Some argue that affirmative action is reverse discrimination; fewer white males can be hired due to preference for women and minorities in hiring.

Promoting Safety Internationally

Employers must ensure safety of workers regardless of which nation in which they operate. Cultural differences make this difficult. • Impacts perception of who is responsible for safety in workplace. • Affects idea of what actions are appropriate for employee to take when a situation appears unsafe. • Training and supervision must apply cultural knowledge. Laws, enforcement practices, and political climates vary from country to country.

General and Specific Duties

General-duty clause: • Employers must furnish each employee a place of employment free from hazards that cause or are likely to cause death or serious physical harm. Employers must keep records of work-related injuries and illnesses and post an annual summary of them.

Legislative Branch (Congress)

Has enacted a number of laws governing HR activities; these laws have usually been in response to perceived societal needs.

Executive Branch (President)

Includes regulatory agencies that are responsible for enforcing the laws passed by Congress.

Judicial Branch (Supreme Court)

Influences employment law by interpreting the law and holding trials concerning violations of the law.

Identifying and Communicating Job Hazards

Job hazard analysis technique: • Each job is broken down into basic elements, and each of these is rated for its potential for harm or injury. Employers must communicate job hazards and risks to employees effectively. • Communication must fit audience. • Safety concerns/training needs vary by age group.

Enforcement of the Occupational Safety and Health Act

O S H A conducts inspections. 1. Compliance officer reviews company's records. 2. Officer conducts a "walkaround" tour of the premises. 3. Officer conducts employee interviews. 4. Officer conducts closing conference with employer and notes any violations. Employers must correct violations identified during inspection and pay fines.

Preventing Sexual Harassment (continued)

Organizations can prevent sexual harassment by: • Developing and communicating a policy that defines and forbids sexual harassment. • Training employees to recognize and avoid this behavior. • Providing a means for employees to complain about harassment and be protected. • Acting promptly to discipline those involved.

Occupational Safety and Health Act

Passed in 19 70 in response to roughly 15,000 work-related fatalities that had been occurring every year. Authorizes government to establish and enforce occupational safety and health standards.

civil rights act of 1991

Provides for compensatory and punitive damages and jury trials in cases involving intentional discrimination; requires employers to demonstrate that job practices are job-related and consistent with business necessity; extends coverage to U.S. citizens working for U.S. companies overseas.

(1) Difference between Quid pro quo sexual harassment and hostile work environment sexual harassment?

Quid pro quo sexual harassment occurs when a harasser is in a position of authority over the person being harassed. Usually in this type of harassment, the harasser is an employees supervisor. While hostile work environment sexual harassment has a more board definition. Hostile work environment includes words or actions that are so serve and pervasive that they create a work atmosphere that is abusive and intimidating.

Impact of the Occupational Safety and Health Act

Raised the level of awareness for occupational safety. Combined rate of illnesses and injuries has decreased. Increase in number of claims of retaliation against employees who report injuries. • Workers more aware of rights and able to file complaints online. Employee behavior is not directly regulated by O S H A but must be considered.

participation in a proceeding

Refers to testifying in an investigation, hearing, or court proceeding regarding an illegal employment act.

quid pro quo example

Sexual harassment in which the harasser request sexual activity from the harassee in exchange for workplace benefits.

EEO-1 Report

The EEOC's Employer Information Report, which details the number of women and minorities employed in nine different job categories

Pregnancy Discrimination Act of 1978

Treats discrimination based on pregnancy-related conditions as illegal sex discrimination

Occupational Safety and Health 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

Preventing Sexual Harassment

Unwelcome advances, requests for sexual favors, and other verbal/physical contact is sexual harassment when: • Submission to conduct is a condition of employment. • Submission/rejection is a basis for employment decisions. • Conduct interferes with employee's work performance. Different kinds of sexual harassment: quid pro quo, hostile working environment.

Legislation (continued)

Vocational Rehabilitation Act of 19 73. • Organizations must engage in affirmative action for individuals with disabilities. Vietnam Era Veterans' Readjustment Act of 1974. Pregnancy Discrimination Act of 1978. Americans with Disabilities Act (A D A) of 1990. • Clearly defines the word disability.

Disparate Impact

a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities

Equal Employment Opportunity Commission (EEOC) (legislation)

a federal agency of the department of justice designed to regulate and enforce the provisions of Title VII

Bona Fide Occupational Qualification (BFOQ)

a necessary (not merely preferred) qualification for performing a job

13th Amendment

abolished slavery in the US. 13th amendment has been applied in cases where discrimination involved the "badges" (symbols) and "incidents" of slavery

Office of Federal Contract Compliance Programs (OFCCP)

agency responsible for enforcing the executive orders that cover companies doing business with federal government 1.utilization analysis 2.goals and timetables 3. action steps

Lilly Ledbetter Fair Pay Act of 2009

allows employees to claim discriminatory compensation within a set time after receiving a discriminatory paycheck

Reasonable Accommodation

an employer's obligation to do something to enable an otherwise qualified person to perform a job

sexual harassment

any unwanted remark, behavior, or touch that has sexual content

judicial branch hears

cases related to employment law and interprets the law

the federal governments efforts to create equal employment opportunity include

constitutional amendments, legislation, and executive orders, as well as court decisions that interpret the law

Disparate Treatment

differing treatment of individuals, where the differences are based on the individuals' race, color, religion, sex, national origin, age, or disability status

executive branch including regulatory agencies the president oversees is responsible for

enforcing the laws passed by congress

14th 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 -applies only to decisions or actions of the government or of private groups whose activities are deemed government actions

Legislative Branch develops laws such as those

governing equal employment opportunity and worker safety and health

Uniform Guidelines on Employee Selection Procedures

guidelines issued by EEOC and other agencies to identify how an organization should develop and administer its systems for selecting employees so as not to violate anti-discrimination laws

Affirmative Action

is organizations active effort to find opportunities to hire or promote people in a particular group

Summary of major EEO laws and regulations

not in chart: -Lilly Ledbetter fair pay act of 2009 - allows employees to claim discriminatory compensation within a set time after receiving a discriminatory paycheck -employees covered by title VII of CRA, Age discrimination in employment act and Americans with disabilities act, EEOC

OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations. OSHA regulations prohibit

notifying employers of inspections in advance.

civil rights act of 1991 was partly designed to

overturn supreme court decisions

opposition

refers to expressing to someone through proper channels that you believe an illegal employment act has taken place or is taking place

Vietnam Era Veteran's Readjustment Act of 1974

requires affirmative action in employment of veterans who served during the Vietnam war

Americans with Disabilities Act of 1990

requires reasonable accommodations for qualified workers with disabilities

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

requires that employers reemploy service members who left jobs to fulfill military duties

Job Hazard Analysis Technique

safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury

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

during the civil rights movement of the early 1960s, congress enacted Title VII of the civil right act to ensure that

various minority groups received equal opportunities in many areas of life

Thirteenth Amendment

• Abolished slavery in U.S. • Has been applied in cases where discrimination involved symbols and incidents of slavery.

Legislation (continued)

• Civil Rights Act of 19 91. • Uniformed Services Employment and Reemployment Rights Act of 19 94. • Genetic Information Nondiscrimination Act of 2008 .• Lilly Ledbetter Fair Pay Act of 2009.

Four-Fifths Rule (Avoiding Discrimination (continued))

• Commonly used test of disparate impact in hiring practices. • If hiring rate for minority group is less than four-fifths the hiring rate for the majority group, there is evidence of potential discrimination.

Equal Employment Opportunity (E E O)

• Condition in which all individuals have an equal chance for employment. • Government regulates H R M to ensure E E O. • Efforts to create E E O include constitutional amendments, legislation, executive orders, and court decisions.

Disparate Impact (Avoiding Discrimination (continued))

• Condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. • Often is unintended by employer.

Reinforcing Safe Practices

• Implement a safety incentive program. • Reward workers for commitment to safety goals; start with smaller goals and expand to long-term goals. • Take action to correct the problems. • Target jobs or hazards most likely to cause injuries.

Occupational Safety and Health Administration (O S H A):

• Inspects companies for safety and health standards, levies fines for violations of standards.

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. • Enforced by the Office of Federal Contract Compliance Procedures.

Executive Order 11478

• Requires federal government to base all its employment decisions on merit and fitness .• Also covers contractors doing at least $10,000 worth of business with federal government. • Enforced by the U.S. Office of Personnel Management.

Valuing Diversity

• Some view diverse workforce as a competitive advantage. • Having diversity in leadership is important. • Organizations may practice affirmative action. • Includes L G B T I community.