1. HR and Legislation Human Resource Management

2. Legislation Affecting HR n CRA 1964: Title VII n Other CRAs n ADEA n Older Worker Protection Act n FMLA n EPA n Executive Orders n Rehabilitation Act of 1973 n ADA n Vietnam Era Veterans Readjustment Act n Pregnancy Discrimination Act n FLSA n ERISA n COBRA n HIPAA n OSHA n WARN n IRCA n State and local statutes

3. Civil Rights Act of 1964: What Is Discrimination? n Disparate treatment n “Discrimination is using race, color, religion, sex or national origin as a basis for treating people unequally”

4. Civil Rights Act of 1964: What Is Discrimination? n Illegal Disparate impact n “Discrimination is any practice without business justification that has unequal consequences for people of different race, sex, religion, color or national origin without actually using any of those classifications as a basis for treating people unequally.”

5. Civil Rights Act of 1964: Griggs v. Duke Power n Duke Power used two neutral, “color-blind” criteria u High school diploma u Score on standardized ability test n Resulted in unequal consequences for black and white workers n But employees who did not pass the test or had a high school degree still performed adequately

6. Civil Rights Act of 1964: Griggs v. Duke Power n Title VII prohibits practices that create unequal (disparate) impact n EXCEPT u When business necessity or job relatedness provides justification for using them

7. Civil Rights Act of 1964: EEOC Uniform Guidelines n A “test” is anything that has an impact on the terms and conditions of employment n How do you show job relatedness? u “ Test” must be valid F Valid representation of job content F Valid predictor of job performance n “Tests” that are legally sound will make superior employment decisions

8. Civil Rights Act of 1964: Sex Discrimination n “Bona fide occupational qualification” n Diaz v. Pan American Airways n Male sued the airline for being denied employment as a flight attendance because of his gender n Court found that BFOQ is justified only if u The essence of business requires the exclusion u All or substantially all members of one sex are unable to perform the job

9. Civil Rights Act of 1964: Sexual Harassment n Barnes v. Costle u “But for her womanhood,” it wouldn’t have happened n Meritor v. Vinson u Identified two forms of sexual harassment F Quid-pro-quo F Hostile Environment n “Unwelcome” is a key word in hostile environment cases

10. Civil Rights Act of 1964: Sexual Harassment n Management actions u Written policy u Sexual harassment is not tolerated u Grievance without going through supervisor u Training for managers to identify and take actions

11. Affirmative Action n Three reasons employers have affirmative action plans u Government contractor of $10,000 or more in facilities of 50 or more employees u Court ordered due to past discrimination u Voluntary n If AAP is due to government contract, OFCCP enforces

12. What is Affirmative Action? n Workforce analysis: u Determine current workforce demographics n Availability analysis: u Determine the number of potential workers by demographic classification available in the workforce u Based on eight factors

13. Affirmative Action: Eight Factors n Percent of population in recruiting area n Percent of unemployment in recruiting area n Percent of labor force in recruiting area n Percent of available workers with required skills in specified area n Percent of available workers with required skills in recruiting area n Percent of workers promotable or transferable within the organization n Estimate of existence of training institutions for required skills n Estimate of training efforts organization is reasonably able to undertake

14. What is Affirmative Action? n Reconcile these by setting goals and timetables u Flexible objectives that can be met in a realistic amount of time u More like a budget than a mandate n Plan action steps, implement and monitor progress

15. Affirmative Action: Preferential Treatment n McDonald v. Santa Fe Trail Corp.: Obligation not to discriminate against whites n Weber v. Kaiser Aluminum & Chemical Corp.: Upheld because collaboration between union and employer n Consensus of courts is that preferential treatment in involuntary plans (based on past discrimination) can be allowable

16. Affirmative Action: Preferential Treatment n Preferential treatment can be allowable if u It is involuntarily adopted (due to past discrimination) u It is remedial u Does not exclude all non-minorities u It is temporary u It is formalized

17. Americans with Disabilities Act n Prohibits discrimination against “qualified individuals with disabilities” u Has the skill, experience, education and other job-related requirements u Can, with or without reasonable accommodation, perform the essential functions of the job

18. Americans with Disabilities Act n Individuals with a disability include those who u Have a physical or mental impairment that substantially limits one or more major life activities u Have a record of such an impairment u Are regarded as having such an impairment

19. Americans with Disabilities Act n An employer must make reasonable accommodation unless it can be shown that accommodation would cause an undue hardship on the operations of the business

20. Age Discrimination in Employment Act n Protects all workers 40 or over n Enforced by the EEOC n Outlaws discrimination or mandatory retirement against those 40 or over n Allows jury trials