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©SHRM 2008 2 Disparate Treatment Disparate treatment is discrimination that occurs when an employer treats some employees less favorably because of their race, color, religion, sex or national origin.
©SHRM 2008 3 Civil Rights Act of 1866 Oldest federal legislation that affects staffing. Based on 13 th Amendment. Gives all citizens same property rights and contracts “enjoyed by white citizens”. No statute of limitations.
©SHRM 2008 4 Equal Pay Act of 1963 Equal pay for men and women who do “substantially the same work”. Permits pay distinctions when based on the following: > Unequal responsibility. > Different working conditions. > Seniority differences. > Merit pay system. > Quantity and quality of production.
©SHRM 2008 5 Title VII of the Civil Rights Act - 1964 Prohibits employment discrimination based on: > Race, Color, Sex, Religion, National Origin Established the Equal Employment Opportunity Commission (EEOC). Applies to employers with 15 or more employees.
©SHRM 2008 6 Exceptions to Title VII Business necessity. Bona fide occupational qualification (BFOQ). Seniority.
©SHRM 2008 7 Age Discrimination in Employment Act - 1967 Makes it illegal to discriminate against workers 40 years old and older. With limited exceptions, there is no upper age ceiling. Applies to employers with 20 or more employees.
©SHRM 2008 8 Pregnancy Discrimination Act - 1978 Amendment to Title VII of the Civil Rights Act. Illegal to discriminate based on pregnancy, childbirth or related medical conditions. Employer must treat pregnancy the same as any other temporary disability.
©SHRM 2008 9 Rehabilitation Act of 1973 Prohibits discrimination based on physical or mental disabilities. Applies to federal government and federal contractors with grants in excess of $2,500.
©SHRM 2008 10 Americans with Disabilities Act - 1990 Prohibits discrimination against qualified individuals with disabilities. Requires reasonable accommodation unless the accommodation creates a business hardship. Applies to organizations with 15 or more employees.
©SHRM 2008 11 Americans with Disabilities Act - 1990 Defines “an individual with a disability” as a person who: > Has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and; > Has a record of such an impairment, or; > Is regarded as having such an impairment. Does not cover correctable physical limitations.
©SHRM 2008 12 Americans with Disabilities Act - 1990 A job function may be considered essential if: > The reason the job exists is to perform the function. > There are a limited number of other employees available to perform the function. > The function is highly specialized and requires specific expertise or ability.
CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace
FEDERALLY EMPLOYED WOMEN (FEW) AND COMPLIANCE UNDERSTANDING YOUR RIGHTS Presented By: Melvie Hall-Bellinger FEW National Vice President - Compliance.
Traditional Recruitment Practices Positive characteristics, rather than those things insiders find dissatisfying about the org, are communicated to outsiders.
Employment Law Chapter 18. Employment At Will Common law doctrine under which either party may terminate employment relationship at any time for any reason.
Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 24 Discrimination in Employment Chapter 24 Discrimination.
Equal Employment Opportunity 1964–1991
Chapter 2 Legal Compliance. The Employment Relationship Employer-employee Independent Contractor Temporary Employee.
3-1 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Understanding Equal Opportunity and The Legal Environment Chapter 3.
Wrongful Termination and Employment Discrimination OBE 118 Fall 2004 Professor McKinsey Illegal discrimination in the firing, firing, promoting of employees.
Major EEO Laws (1960s- 1970s) Major EEO Laws (1990s- Current) TERMS The Legal Environment TERMS The Legal Environment and Sexual Harassment TERMS The.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 33 Equal Opportunity in Employment.
LEGAL ENVIRONMENT of HRM. MAJOR EEO LAWS u Equal Pay Act (1963) u Title VII, Civil Rights Act (1964/1991) u Pregnancy discrimination Act (1978) u ADE.
Chapter 3 The Legal and Ethical Environment Nature of employment laws Key equal employment opportunity laws Employment-at-will Fair Labor Standards Act.
Employee Law Challenge. Requires employers to pay men & women similar wage rates for similar work? Name the Act… 2 point question 1. Civil Rights Act.
Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-1.
Chapter 18-1 Chapter 18 BUSINESS & SOCIETY Ethics and Stakeholder Management Carroll & Buchholtz 6e Business and Society: Ethics and Stakeholder Management,
Diversity and Diversity Management
Understanding Equal Opportunity and the Legal Environment
Chapters 2, 3, 4 Legal Compliance/EEO
Providing Equal Employment Opportunity and a Safe Workplace
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