MANA 3320 Dr. Jeanne Michalski Michalski@uta.edu Legal Compliance 2 MANA 3320 Dr. Jeanne Michalski Michalski@uta.edu 1

Primary EEO Laws and Regulations Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 Age Discrimination in Employment Act of 1967 Pregnancy Discrimination Act of 1978 Americans with Disabilities Act of 1990 (ADA) Civil Rights Act of 1991

Age Discrimination Age Discrimination in Employment Act of 1967 Protects employees 70 million workers over 40 Nearly 50% of workers Cases most often arise from layoff or dismissal It is legitimate to consider salary in layoffs No standard of “reverse discrimination” for age suits The number of age discrimination complaints filed with the EEOC increase when economy weakens.

Equal Pay Act of 1963 Employers are requires to pay men and women the same wages and benefits for doing “equal” work. “Equal” means same duties, responsibilities, skills, effort, working conditions, and location. Some exceptions: Pay for performance Different shifts or locations More experience or seniority

Immigration Reform and Control Act (1986) Employers must comply with the Act by: Having employees fill out their part of Form I-9. Checking documents establishing an employee’s identity and eligibility to work. Complete the employer’s section of Form I-9. Retain Form I-9 for at least three years. Present Form I-9 for inspection to an Immigration and Naturalization Service officer or to a Department of Labor officer upon request.

Americans with Disabilities Act (ADA) 1990 law covers employers with more than 15 employees. Discrimination is prohibited against individuals with disabilities who can perform essential job functions with reasonable accommodation unless it would cause undue hardship. Employers not required to change work rules if they are business necessity. OFCCP vs. Ozark Airlines (1986) – employers must prove applicant could not perform the job safely.

Americans with Disabilities Act (ADA) Disability is a physical or mental impairment that affects a major life activity. Essential vs. marginal job functions Categories of "reasonable accommodations": changes to a job application process changes to the work environment changes to the way a job is usually done employee training

What Is a “Disability”? The ADA does not cover: Homosexuality or bisexuality Gender-identity disorders not resulting from physical impairment or other sexual-behavior disorders Compulsive gambling, kleptomania, or pyromania Psychoactive substance-use disorders resulting from current illegal use of drugs Current illegal use of drugs Infectious or communicable diseases of public health significance (applied to food-handling jobs only)

Undue Hardship “Undue hardship” means significant difficulty or expense. Not only financial difficulty Those that would fundamentally alter the nature or operation of the business. Every request for reasonable accommodation should be evaluated separately taking into account: Nature and cost of the accommodation needed Overall financial resources of the business Number of persons employed by the business Impact of the accommodation on the business

Pregnancy Discrimination Act (1978) Broadens the definition of sex discrimination to include pregnancy and childbirth. Employers may not alter the benefits of employment based on pregnancy or possibility of pregnancy if a woman is capable of performing their job duties. UAW vs. Johnson Controls (1987) Employers may not prevent women from taking jobs that may harm fetal health.

Avoiding Pitfalls in EEO Provide Training Document Decisions Be Honest Establish a Complaint Resolution Process Ask Only for Info You Need to Know

HW #1 Think about your current job or a past job and answer the following questions: What are the primary or most important duties that you perform? What are the major results of your job? List any machines, tools, instruments, equipment, or materials you use in your job. Describe the previous work experience (type and amount) required to do your job. What kinds of knowledge, skills and abilities are required to perform your job? Based on the answers to the above questions write a complete job description including a job summary, task statements, and details of the KSA’s required for the job. Due February 10