Copyright © 2014 by the McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin FUNDAMENTALS OF HUMAN RESOURCE MANAGEMENT 5 TH EDITION BY R.A. NOE, J.R. HOLLENBECK, B. GERHART, AND P.M. WRIGHT Chapter 3 Providing Equal Employment Opportunity And A Safe Workplace

3-2 Regulation of HRM LEGISLATIVE BRANCH Has enacted a number of laws governing HR activities. EXECUTIVE BRANCH Responsible for enforcing the laws. Includes the regulatory agencies that the president oversees. JUDICIAL BRANCH Interprets the law. The Supreme Court is the court of final appeal. Its decisions are binding.

3-3 Equal Employment Opportunity (EEO)  Equal employment opportunity (EEO)– condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin. Federal government’s efforts in this area include: constitutional amendments Legislation executive orders court decisions

3-4 Table 3.1: Summary of Major EEO Laws and Regulations

3-5 The Government’s Role in Providing For EEO: (EEOC)  Responsible for enforcing most of EEO laws. Investigates and resolves complaints about discrimination Gathers information Issues guidelines Monitors organizations’ hiring practices  Complaints must be filed within 180 days of incident.  EEOC has 60 days to investigate complaint.

3-6 Businesses’ Role in Providing for EEO: Avoiding Discrimination Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status.  A necessary (not merely preferred) qualification for performing a job.  The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job. Disparate Treatment Bona Fide Occupational Qualification (BFOQ)

3-7 Businesses’ Role in Providing for EEO: Avoiding Discrimination A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. Disparate Impact Four-Fifths Rule

3-8 Avoiding Discrimination Reasonable Accommodation- employer’s obligation to do something to enable an otherwise qualified person to perform a job. Companies should recognize needs based on individuals’ religion or disabilities. Employers may need to make such accommodations as adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs.

3-9 Avoiding Discrimination Sexual Harassment- unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: 1. Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s employment, 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

3-10 Avoiding Discrimination Organizations can prevent sexual harassment by: – Developing and communicating a policy that defines and forbids it – Training employees to recognize and avoid this behavior – Providing a means for employees to complain and be protected

3-11 Workplace Safety: Occupational Safety and Health Act (OSH Act)  Authorizes federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. Established (OSHA). Responsible for: – Inspecting employers – Applying safety and health standards – Levying fines for violation