1. Ch. 4: HR Legislation and Regulation
Fairness
Equal Employment Opportunity (EEO)
The concept that all individuals should have equal or equitable treatment in all employment-related actions.
Safety and health
Privacy

2. Ch. 4: HR Legislation and Regulation
Discrimination
Recognizing differences among items or people.
Protected Class
Groups identified for protection under equal employment laws and regulation.
Race, ethnic origin, color • Sex/gender • Age
Disability • Military experience • Religion
Marital status • Sexual orientation

3. Illegal Employment Discrimination

4. DISPARATE TREATMENT
Occurs when different standards are used to judge different individuals, or the same standard is used, but it is not related to the individuals’ jobs
Protected class(es) affected differently
OUTCOME of the employer’s actions, not intent, is considered by courts when deciding whether illegal discrimination has occurred.

5. DISPARATE IMPACT
Substantial underrepresentation of protected class member(s) resulting from employment decisions that work to their disadvantage.
Griggs vs. Duke Power (1971) decision:
Lack of intent to discriminate is not a valid employer defense
Employer has burden of proof to show that an employment requirement is a job-related “business necessity.”

6. EEO Terms and Concepts Business necessity Job relatedness BFOQs
Burden of Proof
No retaliation

7. Burden of Proof McDonnell-Douglas v. Green
Court ruled that a prima facie (preliminary) case of employment discrimination is shown by:
Person is a member of a protected group.
Person applied for and was qualified for a job but was rejected.
Employer continued to seek other applicants after the rejection occurred.
Once prima facie case has been made, burden of proof shifts to the employer.

8. Equal Opportunity Equal Employment
Employment that is not affected by illegal discrimination.
Blind to differences – suggests that
Differences among people should be ignored and everyone should be treated equally.
Affirmative Action
Employers urged to actively seek employees of protected races, age, gender, or national origins to make up for past discrimination.

9. Major Federal EEO Laws and Regulations

10. Major Federal EEO Laws and Regulations

11. Major Federal EEO Laws and Regulations

12. Sex/Gender Discrimination
Pay Equity & Comparable Worth
Pay for jobs requiring comparable levels of KSAs should be paid similarly, even if actual duties differ significantly.
Courts have consistently ruled against claims.
Equity Theory

13. Sex/Gender Discrimination
Sexual Harassment
Unwanted sexual advances
Threat of adverse employment conditions
Creating a hostile work environment
Can occur between
Boss and a subordinate
Co-workers
Non-employee business contact and employee
Other org members

14. Americans with Disabilities Act (ADA)
Definition of Disability
Physical or mental impairment that substantially limits one or more life activity,
record of such impairment,
or being regarded as having such an impairment.
Employers win 90%

15. ADA and Job Requirements
Essential Job Functions
Fundamental job duties of the employment position that an individual with a disability holds or desires.
Undue Hardship
Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities.
Reasonable Accommodation

16. Most Frequent ADA Disabilities Cited
Source: Based on data from U.S. Equal Employment Opportunity Commission, 1992–2005; see for details.

17. ADA Amendments Act of 2008 Effective 1-1-09
Restores original intent of ADA, overturning Supreme Court decisions that narrowed interpretation
Changes focus from “Is the employee truly disabled?” to “Has the employer met its obligation?”

18. Changes brought by ADA Amendments Act of 2008
Broadens Definition of Disability:
Regarded as having an actual or perceived physical or mental impairment—whether it limits or is perceived to limit major life activity
Doesn’t apply to minor or transitory (< 6 months) impairments
Reasonable accommodation not required for “Regarded”

19. Changes brought by ADA Amendments Act of 2008
Substantial Limitation on one major life activity is enough
Overrules court cases
Major Life Activities expanded
List includes eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, etc.
Adds Major Bodily Functions
Digestion, respiration, circulation, etc.

20. Changes brought by ADA Amendments Act of 2008
Reasonable Accommodations:
Not required for “Regarded as” Disability (see definition)
Reverse Discrimination
No claims allowed under ADAAA

21. Employment Discrimination Acts
Age Discrimination in Employment (ADEA)
Prohibits employment discrimination against individuals age 40 or older working for employers having at least 20 workers.
Unless age is a job qualification (BFOQ).
Older Workers Benefit Protection Act (OWBPA)
Amendment to ADEA protecting employees from liability waivers for age discrimination in exchange for severance packages.

22. Immigration Reform and Control Act (IRCA)
Prohibits employment discrimination against persons legally permitted to work in the US
Requires employers to document (I-9 form) eligibility for employment.
Provides penalties for knowingly employing illegal workers.

23. Religion and Military Religious Discrimination
Illegal unless religion is a bona fide occupational qualification (BFOQ)
Reasonable accommodation of beliefs is required.
Military Status and USERRA
Vietnam-Era Veterans Readjustment Act and Uniformed Services Employment and Reemployment Act encourage employment of veterans
Require employers to provide leaves of absence and reemployment rights for employees called to active duty.

24. USERRA Provisions Common Issues Leaves of absence
Return to employment rights
Prompt re-employment on return
Protection from discharge/retaliation
Health insurance continuation
Continued seniority rights

25. Sexual Orientation and Appearance
Sexual Orientation and Discrimination
Court and EEOC have ruled that sex discrimination under CRA Title VII applies to a person’s gender at birth.
Appearance and Weight Discrimination
Uniform application of dress codes is permitted.
Height and weight requirements must be proven job-related.

26. Seniority and Arrest Records
Seniority and Discrimination
Courts have held that application of a valid seniority system does not violate the rights of protected-class individuals.
Conviction and Arrest Records
Employers may not use arrest records in employment decisions.
Conviction records may be used in determining employability IF the offense is job-related.

27. Guidelines for Legal Pre-Employment Inquiries

28. Guidelines for Legal Pre-Employment Inquiries

29. Guidelines for Legal Pre-Employment Inquiries

30. Guidelines for Legal Pre-Employment Inquiries

31. Uniform Guidelines on Employee Selection Procedures (1978)
Used by EEOC, Department of Labor’s OFCCP, and Department of Justice
How an employer should deal with hiring, retention, promotion, transfer, demotion, dismissal, and referral.
If sued, employers have two routes to prove they are not illegally discriminating against employees:
no disparate impact or job-related validity.

32. Uniform Guidelines on Employee Selection Procedures
“No Disparate Impact” Approach
4/5ths Rule
Selection rate for a protected-class must be at least 80% (4/5ths) of the selection rate for the majority group or at least 80% of the group’s representation in the relevant labor market

33. Internal Disparate Impact Example

34. Internal Metrics for Disparate Impact
Selection of candidates for interviews from those recruited
Pass rates for various selection tests
Performance appraisal ratings as they affect pay increases
Identification of individuals for layoffs
Promotions, demotions, and terminations
Check for internal disparate impact

35. Internal Metrics for Disparate Impact
ASSESS
Selection of candidates for interviews--from those recruited
Pass rates for selection “tests”
Process for selecting layoff targets
Promotion, demotion, discipline and termination processes
Perf Appraisal process and pay raises

36. Racial Distribution in Valleyville (Example of Relevant Labor Market)
(External)

37. Job-Related Validation Approach
Employment “test”
Employment-related decision procedure must have both job-related validity and reliability.
Validity
The extent to which a test actually measures what it says it measures.
Reliability
The consistency with which a test measures an item.

38. Validity and Equal Employment
Selection Procedures and Validity
Employers must demonstrate that tests of knowledge, skills, and abilities (KSAs) are valid and job-related.
Content Validity
Logical, non-statistical method (e.g., job analysis) to identify the KSAs and other characteristics necessary to perform the job.
Criterion-Related Validity
Validity measured using a test as the predictor of how well an individual would perform on the job.

39. EEO Enforcement Agencies
EEO Commission
Enforcement authority for federal employment laws.
Its policy statements are not “law,” but “persuasive authority” in most cases.
Office of Federal Contract Compliance (OFFCP)
Ensures that federal contractors have nondiscriminatory practices and take affirmative action to overcome the effects of past discrimination.
State and Local Agencies
May provide greater remedies, require different actions, or prohibit discrimination in more areas.

40. EEO Compliance Records Retention
All employment records must be maintained
Application forms and documents concerning hiring, promotion, demotion, transfer, layoff, termination
Rates of pay or other terms of compensation
Selection for training and apprenticeship
Documents should be maintained minimum of three years.

41. EEOC Reporting Forms EEOC-1 (Annual Reporting Form) required for:
Employers with 100 or more employees, except state and local governments
Subsidiaries of companies if the total number of combined employees equals 100 or more
Federal contractors with at least 50 employees and contracts of $50,000 or more
Financial institutions with at least 50 employees, holding government funds or issuing saving

42. Stages in the EEOC’s Response to an EEO Complaint
Receive EEO Complaint
Determine EEOC Jurisdiction and Categorize Complaint
Serve Charge Notification on Employer
Investigate Complaint
Attempt to Mediate Complaint
Issue Notice of Relief, Right to Sue, or Sue Employer
Individual Files Suit in Federal Court
EEOC Files Suit in Federal Court

43. Stages in the Employer’s Response to an EEO Complaint