mgmt 373 ch. 3
thirteenth amendment
-Abolished slavery in United States. -Has been applied in cases where discrimination involved symbols and incidents of slavery.
Workplace Safety: Occupational Safety and Health Act (OSH Act)- specific duties
-Employers must keep records of work-related injuries and illnesses. -Employers must post and annual summary of these records from February 1 to April 30 in the following year.
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.
OSHA employees:Additionally, Employers MUST:
-Inform workers about chemical hazards -Provide safety training in language & vocabulary workers can understand -Keep accurate records of training -Provide Personal Protective Equipment at no cost to workers -Provide hearing exams/other medical tests required by OSHA -Post OSHA citations and injury/illness data where workers can see them
The Government's Role in Providing For EEO: (EEOC)-Responsible for enforcing most of EEO laws.
-Investigates and resolves complaints about discrimination -Gathers information -Issues guidelines -Monitors organizations' hiring practices
Enforcement of the OSH act
-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.
to counter such discrimination Congress in 1967 past the age discrimination in employment act which...
for Hibbetts discrimination against workers are over the age of 40
an important point regarding the 14th amendment is that it applies only to the decisions or actions of the...
government or a private groups his activities are deemed government actions
Americans with disabilities act of 1998 for Hibbetts discrimination based on disability and all employment practices, such as...
job application procedures hiring firing promotions compensation in training. Other employment activities covered by the ADA are employment advertising recruitment Tenture layoffs leave in Fringe benefits
forms on which chemical manufacturers and importers identify the hazards of their chemicals
material safety data sheets
US law authorizing the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce
occupational safety and health act
labor department agency responsible for inspecting employers applying safety and health standards and levying fines for violation
occupational safety and health administration:
benefits including health insurance should cover pregnancy and related medical conditions in the same way covers other medical conditions
pregnancy discrimination act of 1978
in general the most obvious examples of sexual harassment involve...
quid pro quo harassment meaning that a person makes a benefit contingent on an employee submitting to sexual advances.
-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.
reasonable accommodation
-Protects individuals with disabilities from being discriminated against in the workplace. -Prohibits discrimination based on disability in all employment practices. -Employers must take steps to accommodate individuals covered by the act.
Americans with Disabilities Act (ADA) of 1990
Workplace Safety: Occupational Safety and Health Act (OSH Act)
Authorizes federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.
A plan for how the organizational meet its goals. besides working towards goals for hiring women and minorities the company must take affirmative steps toward hiring Vietnam veterans and individuals with disabilities
Action steps
-Prohibits discrimination against workers who are over the age of 40. -Age discrimination complaints make up a large percentage of complaints filed with EEOC.
Age Discrimination in Employment Act (ADEA)
-A necessary (not merely preferred) qualification for performing a job. -Supreme Court has ruled that BFOQ's are limited to policies directly related to a worker's ability to do the job.
Bona Fide Occupational Qualification (BFOQ)
A comparison of race sex and ethnic composition of the employers workforce with that of the available labor supply. The percentages in the employers workforce should not be greatly lower than the percentages and the labor supply.
Utilization analysis
-Requires federal contractors and subcontractors to take affirmative action toward employing veterans Vietnam War veterans. -Covers veterans who served between August 5, 1964 and May 7, 1975.
Vietnam Era Veteran's Readjustment Act (1974)
-Covered organizations must engage in affirmative action for individuals with disabilities. -Employers are encouraged to recruit qualified individuals with disabilities and make reasonable accommodations to them.
Vocational Rehabilitation Act (1973)
the condition in which all individuals have an equal chance for employment, regardless of their race color religion sex age disability or national origin
equal employment opportunity
agency of the department of justice charged with enforcing title VII of the civil rights act of 1964 and other anti-discrimination laws
equal employment opportunity commission
some federal agencies involved in regulating human resource management include the...
equal employment opportunity commission in the occupational safety and health administration.
investigate and resolve complaints about discrimination, gathers information, and issues guidelines. They must file the complaint within 180 days of the incident. it has 60 days to investigate.
equal employment opportunity commission:
the condition in which all individuals have an equal chance for employment, regardless of their race color religion sex age disability or national origin
equal employment opportunity:
Men and women in an organization doing the same work must be paid equally.
equal pay act 1963
if the pay differences results from differences in seniority Merritt quantity or quality of production or any factor other than sex then differences are legal
equal pay act of 1963
Government's Role in Providing For EEO: 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. -Plan must include utilization analysis, goals and timetables and action steps.
rule of thumb that provides evidence of potential discrimination in an organizations hiring rate for a minority group is less than 4/5 the hiring rate of the majority group
4/5 rule
-Adds compensatory and punitive damages in cases of discrimination under Title VII and ADA. -Amount of punitive damages is limited by the act and depends on size of the organization charged with discrimination.
Civil Rights Act (1991)
granted all persons same property rights as white citizens.
Civil Rights Act of 1866
granted all citizens right to sue in federal court if they feel they have been deprived of some civil right.
Civil Rights Act of 1871
Organizations can prevent sexual harassment by: Policy -
Developing and communicating a policy that defines and forbids it
A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.
Disparate Impact
Differing treatment of individuals based on the individuals' race, color, religion, sex, national origin, age, or disability status.
Disparate Treatment
a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
Disparate impact
differing treatment of individuals were the differences are based on the individuals race color religion sex or national origin age or disability status
Disparate treatment:
The EEOC's employer information report which counts employees sorted by job category sex ethnicity and race
EEO-1 report:
Workplace Safety: Occupational Safety and Health Act (OSH Act)- General Duty Clause
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.
is defined in terms of skill, effort, responsibility, and working conditions.
Equal
- condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin.
Equal employment opportunity (EEO)
-Rule of thumb that finds evidence of discrimination if an organization's hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. -Compares rates of hiring, not numbers of employees hired.
Four-Fifths Rule
The percentages of women and minorities the organization six to employee and each group, and the dates by which the percentages are to be attained. These are meant to be more flexible than "as requiring only that the employer have goals and be seeking to achieve the goals
Goals and timetables
Established (OSHA). Responsible for:
Inspecting employers Applying safety and health standards Levying fines for violation
safety promotion technique that involves breaking down a job and basic elements, then Rady each element for its potential for harm or injury
Job hazardous analysis technique:
the agency responsible for enforcing the executive orders that cover companies doing business with the federal government
Office of federal contract compliance programs
-Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination. -Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions.
Pregnancy Discrimination Act (1978)
Organizations can prevent sexual harassment by: Reporting -
Providing a means for employees to complain and be protected when they do
An employer's obligation to do something to enable an otherwise qualified person to perform a job.
Reasonable Accommodation:
refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: -Submission to such conduct is made explicitly or implicitly a term of condition of an individual's employment, -Submission to or rejection of such conduct by an individual is used as the basis for benefits or punishments (quid pro quo harassment) -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.
Sexual harassment
Organizations can prevent sexual harassment by: Action -
Take action promptly to discipline those who violate the stated policies as well as protect the victims.
Prohibits employers from discriminating based on: -Race -Color -Religion -Sex -National origin Applies to organizations that employ 15 or more.
Title VII Civil Rights Act (1964)
-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.
Uniformed Services Rights Act
An organization's active effort to find opportunities to hire or promote people in a particular group.
affirmative action
an organizations active effort to find opportunities to hire a promote people in a particular group
affirmative action
unnecessary not merely preferred qualification for performing a job
bona fide occupational qualification:
compensatory damages include such things as future monetary loss emotional pain suffering and loss of enjoyment of life. A company has to pay punitive damages only if it discriminated intentionally or with malice or reckless indifference to the employees federal protected rights
civil rights act of 1991:
Federal government's efforts in the EEO include:
constitutional amendments legislation executive orders court decisions
under the Americans with disabilities act, 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
disability
among the limits the federal government has said these are requirements intended to prevent...
discrimination in hiring in employment practices and to protect the health and safety of workers while they're on the job
Organizations can prevent sexual harassment by: Training
employees to recognize and avoid this behavior
reasonable accommodation
employers obligation to do something to enable an otherwise qualified person to perform a job
the OSH act also grant specific rights employees have the right to:
request an inspection, have a representative present an inspection, have dangerous substances identified, be promptly informed about exposure to hazards and be given access to accurate records regarding exposure, and haven't player violations posted at the worksite
State laws that require employers to provide employees with information about the health risks associated with exposure to substances considered hazardous
right to know laws:
unwelcome sexual advances as defined by the EEOC
sexual-harassment
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 testing in an investigation hearing or court proceeding regarding an illegal employment act.
method of promoting safety by determining which specific element of a job lead to a past accident
technic of operations review:
each year, the OFCCP audits government contractors to ensure they are actively pursuing their goals in their plans. The OFCCP examines...
the plan and conducts on site visits to examine how individual employees perceive the company's affirmative action policies.
title VII prohibits employers from discriminating against individuals because of their race color religion sex or national origin. And employer may not use the 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
title VII of the civil rights act of 1964:
A settlement with the EEOC can be costly including such remedies as payback reinstatement of the employee and promotions. If the attempt at the settlement fails the EEOC has...
two options. It may issue a right to sue letter to the alleged victim or is to aid the alleged victim and bringing suit in federal court
The ADA goes beyond prohibiting discrimination to require that employees take steps to accommodate individual is covered...
under the act. That means accommodating disabled workers here lower and employees income taxes
guidelines issued by the EEOC and other agencies to identify how an organization should develop and administer it system for selecting employees so as not to violate anti-discrimination law
uniform guidelines on employee selection procedures
during the civil rights movement of the early 1960s Congress and acted title VII of the civil rights act to ensure that...
various minority groups receive equal opportunities in many areas of life
OSHA inspection has four major components:
views the companies records, conducts a walk around tour, employee interviews, and discusses the finding with the employer noting any violationS