3-1McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All Rights Reserved.

fundamentals of

Human Resource Management 4thedition

by R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright

CHAPTER 3

Providing Equal Employment Opportunity and a Safe

Workplace

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What Do I Need to Know?

1. Explain how the three branches of government regulate human resource management.

2. Summarize the major federal laws requiring equal employment opportunity.

3. Identify the federal agencies that enforce equal employment opportunity, and describe the role of each.

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What Do I Need to Know? (continued)

4. Describe ways employers can avoid illegal discrimination and provide reasonable accommodation.

5. Define sexual harassment and tell how employers can eliminate or minimize it.

6. Explain employer’s duties under the Occupational Safety and Health Act.

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What Do I Need to Know? (continued)

7. Describe the role of the Occupational Safety and Health Administration (OSHA).

8. Discuss ways employers promote worker safety and health.

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Test Your Knowledge

• Three branches of U.S. government play a role in the legal environment of HRM.

• The executive branch _________; the legislative branch ________; and the judicial branch _________.A. makes laws; issues directives; interprets laws

B. issues directives; makes laws; interprets laws

C. interprets laws; makes laws; issues directives

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Regulation of Human Resource Management

LEGISLATIVE BRANCH

• Has enacted a number of laws governing HR activities.

EXECUTIVE BRANCH

• Responsible for enforcing the laws.

• Includes the regulatory agencies that the president oversees.

JUDICIAL BRANCH

• Interprets the law.

• The Supreme Court is the court of final appeal.

• Its decisions are binding.

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Equal Employment Opportunity (EEO)

• Equal employment opportunity – 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 in this area include:

– constitutional amendments

– legislation

– executive orders

– court decisions

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Table 3.1: Summary of Major EEO Laws and Regulations

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EEO: Constitutional Amendments

Thirteenth Amendment

• Abolished slavery in the United States.

• Has been applied in cases where discrimination involved the symbols and “incidents” of slavery.

Fourteenth Amendment

• Forbids the states from taking life, liberty, or property without due process of law.

• Prevents the states from denying equal protection of discrimination.

• Applies to the decisions or actions of the government or private groups.

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EEO: Legislation

Civil Rights Acts (1866 & 1871)

• The Civil Rights Act of 1866 granted all persons the same property rights as white citizens.

• 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.

Equal Pay Act (1963)

• 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.

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EEO: Legislation (continued)

Title VII Civil Rights Act (1964)

• Prohibits employers from discriminating based on:– Race

– Color

– Religion

– Sex

– National origin

• Applies to organizations that employ 15 or more persons.

Age Discrimination in Employment Act (ADEA)

• Prohibits discrimination against workers who are over the age of 40.

• Age discrimination complaints make up a large percentage of the complaints filed with the Equal Employment Opportunity Commission (EEOC).

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Test Your Knowledge

• Which of the following is covered under Title VII of the Civil Rights Act?A. A group of Hispanic applicants claim that they were

discriminated against during the hiring process.

B. A gay man charges that he was discriminated against as

reflected in his performance evaluation.

C. A group of women claim they were denied training opportunities

that their male counterparts received

D. A group of older workers claim they were laid-off

disproportionately in comparison to younger workers.

E. Both A & C

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Figure 3.1: Age Discrimination Complaints, 1994 - 2009

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EEO: Legislation (continued)

Vocational Rehabilitation Act (1973)

• Covered organizations must engage in affirmative action for individuals with disabilities.

• Employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them.

Vietnam Era Veteran’s Readjustment Act (1974)

• Requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War.

• It covers veterans who served between August 5, 1964 and May 7, 1975.

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EEO: Legislation (continued)

Pregnancy Discrimination Act (1978)

• 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.

Americans with Disabilities Act (ADA) of 1990

• 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.

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Figure 3.2: Disabilities Associated with Complaints Filed under ADA

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EEO: Legislation (continued)

Civil Rights Act (1991)

• Adds compensatory and punitive damages in cases of discrimination under Title VII and the ADA.

• The amount of punitive damages is limited by the act and depends on the size of the organization charged with discrimination.

Uniformed Services Employment & Reemployment Rights Act

• 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.

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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 the 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 (continued)

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.

Executive Order 11478

• Requires the federal government to base all its employment decisions on merit and fitness.

• Also covers organizations doing at least $10,000 worth of business with the federal government.

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The Government’s Role in Providing For EEO:Equal Employment Opportunity Commission (EEOC)

• Responsible for enforcing most of the EEO laws.– Investigates and resolves complaints about

discrimination

– Gathers information

– Issues guidelines

– Monitors organizations’ hiring practices

• Complaints must be filed within 180 days of the incident.

• EEOC has 60 days to investigate the complaint.

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Figure 3.3:Types of Charges Filed with the EEOC

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The Government’s Role in Providing For EEO: Office of Federal Contract Compliance Procedures (OFCCP)

• Responsible for enforcing the executive orders that cover companies doing business with the federal government.

• Audits government contractors to ensure they are actively pursuing the goals in their affirmative action plans.

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Businesses’ Role in Providing for EEO:Avoiding Discrimination

Disparate Treatment

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

Bona Fide Occupational Qualification (BFOQ)

• 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.

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

Disparate Impact

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

Four-Fifths Rule

• 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.

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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 (continued)

• 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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• Regina Genwright talks to a voice-activated copier at the American Foundation for the Blind. The copier has a Braille keyboard and wheelchair-accessible height.

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

• 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 (continued)

• Organizations can prevent sexual harassment by:

– Developing 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 the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.

• Established the Occupational Safety and Health Administration (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) (continued)

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.

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.

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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 the 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 accidents

B. Employee complaints

C. High-hazard industries

D. 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 and Health Programs: Identifying and Communicating Job Hazards

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.

Technic of Operations Review (TOR)

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

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Employer-Sponsored Safety and Health Programs (continued)

Reinforcing Safe Practices

• 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.

Promoting Safety Internationally

• 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 the U.S.

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Summary

• Human resource management 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

• The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing most of the EEO laws. It investigates and resolves complaints, gathers information, and issues guidelines.

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Summary (continued)

The 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 (continued)

• 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

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Summary (continued)

• 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 (continued)

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

• To provide reasonable accommodation, companies should recognize needs based on individuals’ religion or disabilities.

• Organizations can prevent sexual harassment by developing 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 (continued)

• 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.

• The Occupational Safety and Health Administration publishes regulations and conducts inspections.

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

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Summary (continued)

• Employers may identify and communicate hazards through the job hazard analysis technique or the technic of operations review.

• Employers may also establish incentive programs to reward safe behavior.