Copyright © 2014 by the McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin

FUNDAMENTALS OF

HUMAN RESOURCE MANAGEMENT

5TH EDITION

BY R.A. NOE, J.

R. HOLLE

NBECK, B. G

ERHART,

AND P.M. W

RIGHT

CHAPTER 3

PROVID

ING E

QUAL

EMPLOYM

ENT OPP

ORTUNIT

Y

AND A S

AFE W

ORKPLACE

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Need to Know

1. How three branches of government regulate HRM.

2. Major federal laws requiring equal employment opportunity and federal agencies that it.

3. Ways employers can avoid illegal discrimination and provide reasonable accommodation.

4. Sexual harassment and how employers prevent it.

5. Employer’s duties under Occupational Safety and Health Act (OSHA) and its role.

6. Ways employers promote worker safety and health.

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Regulation of HRM

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Equal Employment Opportunity (EEO)

Equal employment opportunity (EEO)– condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin.

Federal government’s efforts in this area include:

constitutional amendments

Legislationexecutive orderscourt decisions

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Table 3.1:

Summary of Major EEO Laws and Regulations

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EEO: Constitutional Amendments

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

•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.

Thirteenth Amendment Fourteenth Amendment

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EEO: Legislation

• Civil Rights Act of 1866 granted all persons same

property rights as white citizens.

• Civil Rights Act of 1871 granted all citizens right to

sue in federal court if they feel they have been deprived of some

civil right.

•Men and women in an organization doing the same work must be paid equally.•Equal is defined in terms of skill, effort, responsibility, and working conditions.

Civil Rights Acts (1866 & 1871) Equal Pay Act (1963)

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EEO: Legislation

•Prohibits employers from discriminating based on:

– Race– Color– Religion– Sex– National origin

•Applies to organizations that employ 15 or more.

•Prohibits discrimination against workers who are over the age of 40.•Age discrimination complaints make up a large percentage of complaints filed with EEOC.

Title VII Civil Rights Act (1964)

Age Discrimination in Employment Act (ADEA)

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Figure 3.1: Age Discrimination Complaints

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EEO: Legislation

• 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.

• 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.

Vocational Rehabilitation Act (1973)

Vietnam Era Veteran’s Readjustment Act (1974)

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EEO: Legislation

•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.

•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.

Pregnancy Discrimination Act (1978)

Americans with Disabilities Act (ADA) of 1990

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Figure 3.2: Disabilities Associated with Complaints Filed under ADA

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EEO: Legislation

• 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.

•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.

Civil Rights Act (1991)Uniformed Services

Rights Act

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Table 3.2: Maximum Punitive Damages Allowed Under the Civil Rights Act of 1991

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Genetic Information Nondiscrimination Act of 2008 (GINA) 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

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EEO: Legislation

•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.

•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.

Executive Order 11246 Executive Order 11478

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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

Complaints must be filed within 180 days of incident.

EEOC has 60 days to investigate complaint.

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Figure 3.3: Types of Charges Filed with EEOC

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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.

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Businesses’ Role in Providing for EEO: Avoiding Discrimination

Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status.

A necessary (not merely preferred) qualification for performing a job.The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job.

Disparate TreatmentBona Fide Occupational

Qualification (BFOQ)

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Businesses’ Role in Providing for EEO: Avoiding Discrimination

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

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.

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.

Disparate Impact Four-Fifths Rule

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Figure 3.4: Applying the Four-Fifths Rule

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Test Your Knowledge

• True = A False = B– During an interview it is legal to ask only

women if they have child-care needs.– Hiring only men to model male underwear is

legal.– If a company unintentionally hires a

disproportionate number of non-minorities, they can be held liable for discrimination.

– Organizations can screen candidates using a test that reliably predicts on-the-job performance.

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Businesses’ Role in Providing for EEO:Avoiding Discrimination

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.

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Figure 3.5: Examples of Reasonable Accommodation under the ADA

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Businesses’ Role in Providing for EEO: (Avoiding Discrimination)

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.

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Businesses’ Role in Providing for EEO: Avoiding Discrimination

• Organizations can prevent sexual harassment by:

– Developing and communicating a policy that defines and forbids it

– Training employees to recognize and avoid this behavior

– Providing a means for employees to complain and be protected

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Test Your Knowledge

A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case?

A. No, because they were not directly discriminated against.

B. No, because the contact was consensual.C. Yes, because the manager is making others feel

uncomfortable.D. Yes, because any consensual relationship in the

workplace among employees is prohibited.

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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.•Established (OSHA). Responsible for:

– Inspecting employers– Applying safety and health standards– Levying fines for violation

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Workplace Safety: Occupational Safety and Health Act (OSH Act)

•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.

•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.

General Duty Clause Specific Duties

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Figure 3.6: OSHA Form

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Employee Rights Under the OSH Act

Employees have the right to:1. Request an inspection.2. Have a representative present at an

inspection.3. Have dangerous substances identified.4. Be promptly informed about exposure to

hazards and be given access to accurate records regarding exposure.

5. Have employer violations posted at work site.

Employees have the right to:1. Request an inspection.2. Have a representative present at an

inspection.3. Have dangerous substances identified.4. Be promptly informed about exposure to

hazards and be given access to accurate records regarding exposure.

5. Have employer violations posted at work site.

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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.

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What’s the priority?

Which of the following has FIRST priority for inspection by OSHA officials?

A. Catastrophes and fatal accidentsB. Employee complaintsC. High-hazard industriesD. Imminent danger

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Figure 3.7: Rates of Occupational Injuries and Illnesses

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Top 10 Causes of Workplace Injuries

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Employer-Sponsored Safety & Health Programs: Identifying & Communicating Job Hazards

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

•Method of promoting safety by determining which specific element of a job led to a past accident.

Job Hazard Analysis Technique

Technic of Operations Review (TOR)

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Employer-Sponsored Safety and Health Programs

•Implementing a safety incentive program to reward workers for their support of and commitment to safety goals.•Start by focusing on monthly or quarterly goals.•Encourage suggestions for improving safety.

•Implementing a safety incentive program to reward workers for their support of and commitment to safety goals.•Start by focusing on monthly or quarterly goals.•Encourage suggestions for improving safety.

•Cultural differences make this difficult.•Laws, enforcement practices, and political climates vary from country to country.•Companies may operate in countries where labor standards are far less strict than in U.S.

•Cultural differences make this difficult.•Laws, enforcement practices, and political climates vary from country to country.•Companies may operate in countries where labor standards are far less strict than in U.S.

Reinforcing Safe Practices Promoting Safety Internationally

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Summary

• HRM is regulated by the three branches of government:

– Legislative branch develops and enacts laws

– Executive branch and its regulatory agencies implement the laws

– Judicial branch hears cases related to employment and interprets the law

• (EEOC) is responsible for enforcing most EEO laws. It investigates and resolves complaints, gathers information, and issues guidelines.

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Summary

Major federal laws requiring EEO:•Civil Rights Acts of 1866 and 1871•Equal Pay Act of 1963•Title VII of the Civil Rights Act of 1964•Age Discrimination in Employment Act

Vocational Rehabilitation Act of 1973•Vietnam Era Veteran’s Readjustment Act of 1974•Pregnancy Discrimination Act of 1978•Americans with Disabilities Act (1990)

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Summary

•Civil Rights Act (1991)•Uniformed Services Employment and Reemployment Act (1994)Constitutional Amendments:•Thirteenth Amendment•Fourteenth Amendment

•Civil Rights Act (1991)•Uniformed Services Employment and Reemployment Act (1994)Constitutional Amendments:•Thirteenth Amendment•Fourteenth Amendment

Executive Orders:•Executive Order 11246•Executive Order 11478

Executive Orders:•Executive Order 11246•Executive Order 11478

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Summary

• The Office of Federal Contract Compliance Procedures (OFCCP) is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government.

• Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact.

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Summary

• Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination.

• To provide reasonable accommodation, recognize needs based on individuals‘ religion or disabilities.

• Organizations can prevent sexual harassment by communicating a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.

• Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination.

• To provide reasonable accommodation, recognize needs based on individuals‘ religion or disabilities.

• Organizations can prevent sexual harassment by communicating a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.

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Summary

• Under OSHA, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards.

• OSHA publishes regulations and conducts inspections.

• Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.

• Under OSHA, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards.

• OSHA publishes regulations and conducts inspections.

• Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.