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© Copyright © 2012 by Cengage Learning. All rights reserved.2- 1 Chapter 2 The Legal Environment Prepared by Joseph Mosca Monmouth University
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 2 Learning Objectives 1.Describe the legal context of human resource management. 2.Identify key laws that prohibit discrimination in the workplace and discuss equal employment opportunity. 3.Discuss legal issues in compensation, labor relations, and other areas in human resource management. 4.Discuss the importance to an organization of evaluating its legal compliance.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 3 The Regulatory Environment of Human Resource Management Regulation can come in the form of new laws or statutes passed by national, state, or local government bodies. Most regulations start at the national level. State and local regulations are more likely to extend or modify national regulations than create new ones.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 4 Bona Fide Occupational Qualification (BFOQ) BFOQ states that a condition like age, sex, or other personal characteristic legitimately affects a person’s ability to perform a job. A business necessity is a practice that is important for the safe and efficient operation of the business and thus is a permissible BFOQ. It indicates that an employment practice can be shown to be related to performance on the job.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 5 The Four-Fifths Rule This rule suggests that disparate impact exists if a selection criterion (such as a test score) results in a selection rate for a protected class that is less than four-fifths (80 percent) of that for the majority group. Ward’s Cove Packing v. Antonio case: The Supreme Court agreed with the defendant, ruling that the statistical proof alone was not sufficient for establishing a prima facie case.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 6 McDonnell-Douglas Test The basis for establishing a prima facie case of disparate impact discrimination Four steps: 1.The applicant is a member of a protected class. 2.The applicant was qualified. 3.The individual was turned down. 4.The company continued to seek other applicants with the same qualifications.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 7 Affirmative Action and Reverse Discrimination Affirmative action represents a set of steps taken by an organization to seek qualified applicants from groups underrepresented in the workforce. A utilization analysis is a comparison of the race, sex, and ethnic composition of the employer’s workforce compared to that of the available labor supply.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 8 Sexual Harassment at Work Quid pro quo harassment is sexual harassment in which the harasser offers to exchange something of value for sexual favors. Hostile work environment is one that produces sexual harassment sexual because of a climate or culture that is punitive toward people of a different gender.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 9 Legislation The Equal Pay Act of 1963 requires that organizations provide equal pay to men and women who are doing equal work. Age Discrimination and Employment Act (ADEA) prohibits discrimination against employees over the age of forty. Pregnancy Discrimination Act of 1979 was passed to protect pregnant women from discrimination in the workplace.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 10 The Civil Rights Act of 1991 The Civil Rights Act of 1991 makes it easier for individuals who feel they have been discriminated against to take legal action against organizations and provides for the punitive damages in cases of discrimination under Title VII.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 11 The Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability in all aspects of the employment relationship such as job application procedures, hiring, firing, promotion, compensation, and training, as well as other employment activities such as advertising, recruiting, tenure, layoffs, leave, and fringe benefits.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 12 The Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 requires employers with more than fifty employees to provide up to twelve weeks of unpaid leave for employees: after the birth or adoption of a child to care for a seriously ill child, spouse, or parent to care for the employee’s own serious illness
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 13 Legislation The Vietnam Era Veteran’s Readjustment Act of 1974 requires that federal contractors and subcontractors take affirmative action toward employing Vietnam-era veterans. The Vocational Rehabilitation Act of 1973 requires that executive agencies and subcontractors of the federal government receiving more than $2,500 a year from the government engage in affirmative action for individuals with disabilities.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 14 Legislation and Employee Rights The Occupational Safety and Health Act of 1970 (OSHA) grants the federal government the power to establish and enforce occupational safety and health standards for all places of employment directly affecting interstate commerce. The Privacy Act of 1974 allows employees to review their personnel file periodically to ensure that the information contained therein is accurate.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 15 The Patriot Act This act was passed shortly after the terrorist attacks on September 11, 2001 to help the United States more effectively battle terrorism worldwide. Many of the act’s provisions expand the rights of the government or law enforcement agencies to collect information and/or pursue potential terrorists.
© Copyright © 2012 by Cengage Learning. All rights reserved.2- 16 Genetic Information Nondiscrimination Act (GINA) of 2009 GINA prohibits employees from obtaining genetic information about employees
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