Chapter 3 Part 2 • MGT 3513 • Dr. Marler The Legal Environment Chapter 3 Part 2 • MGT 3513 • Dr. Marler “I guess I should warn you, if I turn out to be particularly clear, you've probably misunderstood what I've said.” Alan Greenspan

ANNOUNCEMENTS

Affirmative Action Executive Order 11246 What is affirmative action? Practice in which employer’s identify ___________ ___________in their workforce & take steps to correct ______________________ of protected classes

Affirmative Action Are all organizations in the U.S. required to have an affirmative action program (AAP)? No! AA applies only to contractors supplying goods and services to the federal government Private sector employees without governmental contracts may choose to have a voluntary affirmative action program, but only in response to a “conspicuous imbalance”

Affirmative Action What does an Affirmative Action Program involve? Organizational profile - workforce analysis Job group analysis Availability analysis Comparison with current job incumbents Identification of problem areas Placement goals Action-oriented program

Example Affirmative Action Program

Affirmative Action Plans Any plan must be “reasonable” Goal of minority employment cannot __________ percentage of qualified minorities in the market Plan cannot unduly harm opportunities for _______________________

Clarifying Affirmative Action If candidates are _________________, you may consider race, sex, age, or other characteristics Cannot hire someone who is _________________based on a protected characteristic (Has this ever happened? Yes. Is it legal? No.) Affirmative action cannot be used in _________________ _________________is the most common approach to affirmative action Hiring quotas are _________________except in the most extreme cases

Affirmative Action Hiring Becky has been hired by Commons Construction which is a company that has several high dollar governmental contracts. Becky and Bob (a white male applicant), made it to the final round of interviews. They were equally qualified; however, Becky was selected because the company has an AAP with a goal to increase the number of minority females in the company. Is the company’s hiring decision legal?

Affirmative Action Hiring & the Incompetence assumption Later, when Becky has just finished training and begun her job she makes several mistakes. These are common mistakes of any newcomer; however, the talk around the office attributes Becky’s mistakes to the fact that she is a female. Explain how the incompetence assumption applies to this situation

Practice Question The incompetence assumption occurs when an employee is perceived as incapable because s/he is truly incompetent s/he is a member of a protected class and was hired when an affirmative action plan was in place s/he cannot perform the job

Questions on Equal Employment Opportunity Age Discrimination in Employment Act of 1967 Who does this law protect? What actions by the employer are addressed?

Questions on Americans with Disabilities Act (ADA) Individuals with disabilities are people who have a physical or mental impairment that substantially affects one or more major life activities. What are some major life activities? Perceived as being disabled What are some specific things that are not considered a disability?

Questions on the ADA (continued) What is an essential function? What is a reasonable accommodation? Examples (may come from text or other source) What is an undue hardship?

ADA How should a short-term disability be treated? Less than 6 months Walgreen’s Clip http://money.cnn.com/video/news/2011/07/12/n_walgr eens_disability.cnnmoney/ What percentage of workers in the Walgreens department have a disability? What accommodations did Walgreens make? Disabled workers at Walgreens have lower rates of _________, ___________, and __________?

Disabilities and the workplace We’ll discuss how a company should handled disabled job applicants and disabled employees. Before a job offer has been made After a job offer has been made During employment

What questions can I ask a disabled job applicant? Before employment offer Examples of topics that should be off-limits Job-related questions such as Do you need an accommodation during the application process? Current drug use

What questions can I ask a disabled job applicant? After employment offer Employment tests – Medical examination – During employment Medical information – Request for accommodation – http://www.hrm.msstate.edu/forms/

Practice Question Bo’s Building Supply is currently seeking an administrative assistant. Several qualified individuals apply and the company interviews them. Bo’s makes a job offer to one of the job applicants, and the applicant accepts the offer. However, the applicant fails to pass a medical examination. Must the company uphold the job offer?

Practice Question Marcos Manufacturing recently begun doing business with companies in foreign countries such as China and Russia. Marcos places several ads for foreign liaison/sales representatives. Being able to communicate in another language is critical to performing the job. Jane applies for the job. While she is fluent in several Chinese dialects, she is hearing impaired. For Jane to perform the job, an interpreter must be hired (which is very expensive). Does the company have to hire Jane along with an interpreter?

The EEOC What does the EEOC stand for? What are the three major functions of the EEOC?

Questions on Other Laws What does the Immigration Reform and Control Act of 1986 require? What is the Uniformed Services Employment and Reemployment Rights Act of 1994? http://www.military.com/benefits/military-legal- matters/userra

Questions on Other Laws Immigration Reform and Control Act of 1986 Form I-9 http://www.uscis.gov/files/form/i-9.pdf Certain documents establish ___________________ and ______________________. An employer should NOT tell employees which documents to provide or require more documents than the minimum requirement. _____________ employees hired after 1986 must complete a Form I-9. Retention of Records After an employee is terminated, an I-9 should be retained 3 years from the date the employee started work OR one year from the date the employment terminates (whichever is later).

Useful Department of Justice Website Americans with Disabilities Act Questions and Answers: http://www.ada.gov/q%26aeng02.htm