Presentation on theme: "Providing Equal Employment Opportunity and a Safe Workplace"— Presentation transcript:
1 Providing Equal Employment Opportunity and a Safe Workplace Chapter ThreeProviding Equal Employment Opportunity and a Safe Workplace
2 What do I Need to Know?Explain how the three branches of government regulate human resource management.Summarize the major federal laws requiring equal employment opportunity.Identify the federal agencies that enforce equal employment opportunity and describe the role of each.Describe ways employers can avoid illegal discrimination and provide reasonable accommodation.Define sexual harassment and tell how employers can eliminate or minimize it.Explain employers’ duties under the Occupational Safety and Health Act.Describe the role of the Occupational Safety and Health Administration.Discuss ways employers promote worker safety and health.
3 IntroductionIn the United States, the federal government has set some limits on how an organization can practice human resource management.Among these limits are requirements intended to:Prevent discrimination in hiring and employment practicesProtect the safety and health of workers while they are on the jobCompanies that skillfully navigate the maze of regulations can gain an advantage over competitors.
4 Regulation of Human Resource Management All three branches of the government play an important role in creating a legal environment for human resource management.LegislativeTwo houses of CongressEnacted laws governing HR activitiesExecutiveIncludes many regulatory agenciesEnforces laws passed by CongressJudicialFederal court systemInterprets lawHolds trialsExecutive orders are directives issued by the president.
5 Equal Employment Opportunity Equal employment opportunity is the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, disability, or national origin.The federal government’s efforts to create equal employment opportunity include:Constitutional amendmentsLegislationExecutive orders
6 Constitutional Amendments Two amendments to the U.S. Constitution have implications for human resource management:Thirteenth AmendmentFourteenth Amendment
7 LegislationCongress has passed laws designed to provide equal opportunity and in later years has passed additional laws that have extended EEO protection more broadly.Civil Rights Acts of 1866 and 1871Equal Pay Act of 1963Title VII of the Civil Rights Act of 1964Equal Employment Opportunity Commission (EEOC)Age Discrimination in Employment Act (ADEA)Vocational Rehabilitation Act of 1973Affirmative ActionVietnam Veteran's Readjustment Act of 1974Pregnancy Discrimination Act of 1978Americans with Disabilities Act of 1990Civil Rights Act of 1991Uniformed Services Employment and Reemployment Rights Act of 1994
9 Disabilities Associated with Complaints Filed Under ADA
10 Executive OrdersTwo executive orders that directly affect human resource management are:Executive Order 11246Executive Order 11478
11 The Government’s Role in Providing for Equal Employment Opportunity Equal Employment Opportunity requires that employers comply with EEO laws.The executive branch of the federal government uses the Equal Employment Commission and the Office of Federal Contract Compliance Procedures to enforce these laws.
12 Equal Employment Opportunity Commission (EEOC) The Equal Employment Opportunity Commission is responsible for enforcing most of the EEO laws including:Title VIIThe Equal Pay ActAmericans with Disabilities ActThe EEO investigates and resolves complaints about discrimination, gathers information, and issues guidelines.Steps that can take place whenever individuals believe they have been discriminated against include:File a complaint60 days to investigateRight to sueConsent decreeTwo options
13 Equal Employment Opportunity Commission (EEOC) The EEOC monitors organization’s hiring practices.EEO-1ReportThe EEOC issues guidelines designed to help employers determine when their decisions violate the laws enforced by the EEOC.Uniform Guidelines on Employee Selection Procedures
15 Office of Federal Contract Compliance Procedures (OFCCP) The OFCCP is the agency responsible for enforcing the executive orders that cover organizations doing business with the federal government.Some businesses must have a written affirmative action plan on file. This plan must include three basic components:Utilization analysisGoals and timetablesAction steps
16 Businesses’ Role in Providing for Equal Employment Opportunity Most companies recognize the importance of complying with EEO laws:Concern for fairnessAvoidance of costly lawsuits
17 Avoiding Discrimination Discrimination is often difficult to identify and prove.Legal scholars and court rulings have arrived at some ways to show evidence of discrimination:Disparate treatmentDisparate impactBFOQFour-fifths rule
18 Avoiding Discrimination An EEO policy should:Define and prohibit unlawful behaviorsProvide procedures for making and investigating complaintsRequire that employees at all levels engage in fair conduct and respectful languageAffirmative ActionReverse discrimination
19 Providing Reasonable Accommodation Reasonable accommodation refers to an employer’s obligation to do something to enable an otherwise qualified person to perform a job.An accommodation is considered reasonable if it:Does not present undue hardship such as expense that is large in relation to a company’s resources
20 Examples of Reasonable Accommodations under the ADA
21 Preventing Sexual Harassment Sexual harassment refers to unwelcome sexual advances.Quid pro quoTo ensure a workplace free from sexual harassment, organizations can follow some important steps:Develop a policy statementTrain employeesDevelop a reporting mechanismAct promptly with discipline and protection
22 Occupational Safety and Health Act (OSH Act) The Occupational Safety and Health Act (OSH Act) enacted by Congress in 1970, is the most comprehensive U.S. law regarding worker safety.Enforcement responsibilities divided between:Department of LaborDepartment of HealthOccupational Safety and Health Administration (OSHA) is responsible for:Inspecting employersApplying safety and health standardsLevying fines for violationsConducting research (NIOSH)
23 Occupational Safety and Health Act (OSH Act) General and Specific Duties:General duty clauseOSHA’s Form 300 AEmployee rightsRequest an inspectionHave a representative present an inspectionHave dangerous substances removedBe promptly informedHave violations postedEnforcement of the OSH Act:An OSHA inspection typically has four components:Compliance officer reviewTour of the premisesEmployee interviewsClosing conference
24 Occupational Safety and Health Act (OSH Act) Employee Rights and Responsibilities:Employees have a duty to report hazardous conditions.Employee rights:File a complaintReceive informationHazard Communication Standard and right-to-know lawsMaterial Safety Data Sheets (MSDS)Impact of the OSH Act:Many industrial accidents are a product of unsafe behaviors, not unsafe working conditions.Because conforming to the law alone does not guarantee employees will be safe, many employers go beyond the letter of the law.
25 Employer Sponsored Safety and Health Programs Safety awareness programs have three primary components:Identifying and communicating hazardsReinforcing safe practicesPromoting safety internationally
26 Identifying and Communicating Job Hazards Job hazard analysis technique is a safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury.Technic of operations review (TOR) is an analysis method for determining which specific element of a job led to a past accident.Managers should talk directly to employees about safety.Managers should recognize that different groups of individuals may constitute different audiences.National Safety Council research indicates:40% of accidents happen to individuals in the 20-to-29 age group48% of accidents happen to workers during the 1st year on the job
27 Reinforcing Safe Practices To enforce safe behaviors, employers should not only define how to work safely, but reinforce the desired behavior.One common technique is to implement a safety incentive program.Certain types of injuries can be prevented through:Job analysisWritten policiesSafety trainingProtective gearRewards and sanctionsManagement support
28 Promoting Safety Internationally Given the increasing focus on international management, organizations also need to consider how to ensure the safety of employees regardless of the nation in which they operate.Cultural differences may make this more difficult than it seems.