Unit Three SeminarUnit Three SeminarHR420: Employment LawHR420: Employment Law

Unit Three SeminarUnit Three SeminarHR420: Employment LawHR420: Employment Law

Louis Lopez, Jr., Ph.D.Instructor

School of Business and Management

Seminar Transcript ReviewSeminar Transcript Review

• Kim Warren-Martin – Global Diversity and Inclusion Group, Intel is a Professional in the HR field

• What were the take-away from what you have read of the video transcript?

• Do we still see this happening today? What are your views?

Transcript: Global Diversity and InclusionTranscript: Global Diversity and Inclusion

Description: Martin talks about how her role in diversity and inclusion really grew out of an HR role, and fulfilled her wish to help other minorities and women thrive in their workplaces.

SPEAKER: I think, actually, if you are interested in becoming a women's initiative manager, or working in global diversity and inclusion, it really is more of an HR function. I think, for me, it was something I was passionate about, having sort of walked that road of being the only one in the group. And actually, I guess, I should say, I was a double minority.

African-American and woman in a lot of a roles and groups. And so, at the time I really didn't realize I was experiencing some of the things I know now. And some of the things I know of. And have heard of and researched. And some research that we participated in. But, as I look back, I'm like, wow, you know that sort of was discrimination. Or, wow, that was sexual harassment. And so, for me it became sort of, I looked back over my own career and decided that there's something I can do to

help other women get past this. Or maybe not even have to experience it. Or learn how to deal with it better.

That's kind of what I wanted to do. But, I think if you want to go into a traditional HR role, you can certainly, even in graduate school, get an MBA in HR, an HR sort of discipline. Or employee focused kind of, for an employee focused kind of career. Really, it's about helping employees in their careers. And making the workplace a great place for employees to thrive. For them to be their best. And be able to do their best, and bring their whole selves to work on a daily basis.

Provide a description of race discrimination including examples of racial

harassment.

Racial DiscriminationRacial Discrimination

• Exists where employees of one race are favored by the employer over another

• Usually is the white raced favored over the black• Asians, Inuits and American Indians are also

subjected to racial discrimination• Though not prevalent, whites could also be

subjected to discrimination

Racial Harassment Racial Harassment

• When conduct of coworkers, superiors, or company creates hostile work environment to the point where employee can’t perform is duties

• Evidence of severity is equally as important as the frequency

• Employee must notify employer of the harassment • Employer must not condone activity and must

investigate complaint (in a timely fashion)• Employer must take action to correct behavior or

employer will be held responsible• If harassment originates at the employer, then they

are held liable (there is no notification need)

Color DiscriminationColor Discrimination

• Title VII prohibits discrimination against color in addition to race

• Color could apply to people of mixed races, as well as to the different color of pigmentation of people of the same race.

• Black, Asian, and Hispanic people have different shades of pigmentation

Reconstruction ActReconstruction Act

• Passed in 1866• Provided blacks with the right “to make and enforce

contracts… as enjoyed by white citizens• The right also extends to employment contracts• Incorporated into the Civil Rights Act of 1991• Applies to all employees, no matter the number• Has no statute of limitations on filing• Has no limitations on monetary compensation or

punitive damages• Availability is limited to race, color, and national

origin• Does not apply to sex, religion, disability or age

Title VIITitle VII

• There are several distinctions between bringing a claim under the Reconstruction Act and under Title VII

• Applies to employers with 15 or more employees• Has a statute of limitations for filing• Places monetary limitations on the recovery of

compensatory and punitive damages

Title VII vs. Reconstruction ActTitle VII vs. Reconstruction Act

• Reconstruction Act has more stringent requirements for proving intentional discrimination

• Title VII, proving intentional discrimination is not required, only that a disparate impact exists

U.S. ConstitutionU.S. Constitution

• The Fifth Amendment provides that no person shall be derived of “life, liberty or property without due process of the law.”

• The Fourteenth Amendment guarantees to all persons “the equal protection of the laws.”

• Bringing an action under the Constitution does not relieve a party from the statute of limitations under Title VII

• The Amendments only embellish the validity of the argument against discrimination

Identify the steps an employer should take to

prevent racial discrimination.

How to Avoid DiscriminationHow to Avoid Discrimination

• Treat all workers equally• Do not discriminate because of race• Be color blind in making employment decisions• Do not participate in, encourage, or condone

racial harassment• Establish a company policy against race and color

discrimination and racial harassment• Identify the steps an employer should take to prevent

racial discrimination.

What are your questions or concerns?

What are your questions or concerns?

Have a great week Have a great week learning!learning!

Have a great week Have a great week learning!learning!