Understanding Equal Opportunity and the Legal Environment 3 © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

HR Challenges and the Law… What are some of the key HR laws? What is equal employment opportunity law and affirmative action? How can managers’ decisions avoid liability? When does legal counsel get involved with HR matters? © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Know the law to… do the right thing make best use of legal counsel and staff in HR / other departments create a fair and humane environment limit potential liability © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Affirmative Action… urges equal representation by hiring protected classes Race, ethnic origin Military experience Religion Gender Age © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Components of an Eight-Factor Availability Analysis Determine percentage of protected class members for each of the following groups: Local population Local unemployed workers Local labor force Qualified workers in local labor market Qualified workers in labor market you are recruiting from © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Components of an Eight-Factor Availability Analysis (cont’d) Determine percentage of protected class members for each of the following groups: Current employees to be promoted into the job classification Graduates of local training programs that prepare people for this job classification Participants in training programs sponsored by employer © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Opportunity Laws… affect all aspects of HR mean employment decisions are not affected by discrimination promote fair employment © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Compensation and Benefits 1935: Social Security Act 1938: Fair Labor Standards Act 1963: Equal Pay Act © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Compensation and Benefits (cont’d) 1974: Employment Retirement Income and Security Act 1985: Consolidated Omnibus Budget Reconciliation Act Varied: Workers’ Compensation Laws © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Unions 1935: Wagner Act 1947: Taft Hartley Act 1959: Landrum-Griffin Act © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Health / Disability 1935: Social Security Act 1970: Occupational Safety and Health Act 1988: Drug Free Workplace Act 1993: Family and Medical Leave Act 1996: Health Insurance Portability and Accountability Act © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Americans with Disabilities Act Title I: Employment provisions Prohibits discrimination against people with disabilities able to perform essential job functions with or without reasonable accommodation Disability must substantially affect one or more major life activities © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Discrimination 1964: Title VII of Civil Rights Act 1965: Executive Order 11246 1967: Age Discrimination in Employment Act 1974: Vietnam-Era Veterans Readjustment Act 1978: Pregnancy Discrimination Act © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Discrimination (cont’d) 1986: Immigration Reform and Control Act 1990: Americans with Disabilities Act 1991: Civil Rights Act 1994: Uniformed Services Employment and Reemployment Rights Act © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Title VII: Civil Rights Act of 1964 Employers cannot refuse to hire, discharge or discriminate based on race / color, religion, sex, national origin Burden of proof Quotas Damages and jury trials © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Discrimination: Disparate Treatment Intentional discrimination Unequal treatment Prejudiced actions Different rules for different groups Decision rules with racial / sexual premises or causes © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Discrimination: Adverse Impact Unintentional discrimination Unequal consequences or results Neutral actions Same rules / different consequences Decision rules with racial / sexual consequences or results © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Defense of Discrimination Charges Four-fifths rule Job relatedness Bona fide occupational qualifications Seniority Business necessity © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Sexual Harassment Verbal or physical conduct that denigrates or shows hostility Hostile work environment Quid pro quo Interferes with work performance Adversely affects employment opportunities © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Equal Employment Laws Layoffs and Training 1935: Social Security Act 1982: Job Training Partnership Act 1988: Worker Adjustment and Retraining Act © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

1. What is your marital status? EEO QUIZ May the following be asked of job applicants? If the stated question is illegal, rephrase it to be legal.   1. What is your marital status? 2. Will your family duties allow you to travel? 3. Are you a United States citizen? What is your age? 4. Have you ever had any injuries that would prevent you from performing this job? 5. Have you ever applied for workman’s comp? Did you sign a non-compete agreement with a prior employer? 7. If you have spousal coverage, will you waive coverage under the medical plan for a higher employment offer? © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Managers must… Be honest Provide training Develop grievance procedures Document processes and decisions Ask only what they need to know © 2004 by Prentice Hall Terrie Nolinske, Ph.D.

Case You own a small construction business. One of your workers is 55 years old and had heart bypass surgery six months ago. He wants to return to work but you are concerned that he will not be able to handle the job’s physical tasks. What should you do? What can’t you do? What laws apply in this case? © 2004 by Prentice Hall Terrie Nolinske, Ph.D.