Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.

Chapter 3 The Legal Context of Employment Decisions

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Answering Charges of Discrimination  Questions to ask about the charges filed against your company:  Was the charge filed within the time allowed?  Does the charge name the proper employer?  Is your company subject to federal anti-discrimination statutes?

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Preparing a Response to Charges of Discrimination  One of three possible responses:  Agree to mediate the charge  Make a settlement offer to the charging party  Prepare a company position statement  The position statement should include the following:  Brief description of the company’s business  Brief description of your understanding of the charging party’s position  Brief description of rules, policies, or procedures you think are relevant  Chronological description of all events leading up to and including the event

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. EEO and Unfair Discrimination  A short list of outlawed discriminatory practices:  Job applicants may not be rejected based on the following:  Race  National Origin  Age  Sex  Physical Disability  EEO is a combination of legislative and judicial policy set forth by federal, state, and local governments that ensures fair and equal treatment of all persons

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. The Legal Context of HRM  Two classes of federal discrimination laws:  Laws that are broad scope that prohibit unfair discrimination  Laws of limited application (those that require compliance to receive federal funding)  Some examples of laws of broad scope:  13th and 14th amendments to the US Constitution  The Civil Rights Acts of 1866 and 1871  Title VII of the Civil Rights Act of 1964  The Equal Pay Act of 1963  The Age Discrimination in Employment Act of 1967

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Federal Enforcement Agencies  The EEOC and the OFCCP enforce federal anti-discrimination laws  EEOC (Equal Employment Opportunity Commission)  Headed by five commissioners  Only three can be from the same political party  Each is appointed by the United States President  Each serves a five-year term  OFCCP (Office of Federal Contract Compliance Programs)  Uses and enforces many of the same policies and procedures as the EEOC

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. EEOC Guidelines  EEOC complaints are considered under the following criteria:  Does the complaint fall with 180 days of alleged discrimination?  Did a state regulatory agency resolve the complaint within 60 days?  Was there are voluntary reconciliation of the complaint?  Is the company a public employer?

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Some Areas of Employment Case Law  Sex discrimination  Pregnancy  Reproductive hazards  Sexual harassment  Race, age, religion, and national origin discrimination  Seniority  Testing and interviewing  Personal history information  Preferential selection

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. Beyond the Position Statement  The following courses of action may be taken by the EEOC or other governing body following the position statement of a company:  Make a determination without requesting additional information from the company  Request additional documentation or other information from the company  Hold a fact-finding conference, usually during an investigation on the company’s premises

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. EEOC Findings  If the EEOC does not find a company in violation:  A “no-cause” finding is issued  The charging party has 90 days to file a lawsuit in court  If the EEOC finds a company in violation:  A “cause” finding is issued in favor of the charging party  The at-fault company will be invited to a conciliation

Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved. A Complete List of Discrimination Acts and Laws  Thirteenth and fourteenth amendment to the Constitution  Civil Right Acts of 1866 and 1871  Equal Pay Act of 1963  Title VII of the Civil Rights Act of 1964  Age Discrimination and In Employment Act of 1967 (as amended in 1986)  Immigration Reform and Control Act of 1986  Americans with Disabilities Act of 1990  Civil Rights Act of 1991  Family and Medical Leave Act of 1993  Executive Orders 11246, 11375, and  Rehabilitation Act of 1973  Uniform Services Employment and Re-employment Rights Act of 1994