1. Legal Compliance 2 MANA 3320 Dr. Jeanne Michalski Michalski@uta.edu

2. Primary EEO Laws and Regulations  Equal Pay Act of 1963  Title VII of the Civil Rights Act of 1964  Age Discrimination in Employment Act of 1967  Pregnancy Discrimination Act of 1978  Americans with Disabilities Act of 1990 (ADA)  Civil Rights Act of 1991

3. Other HR Laws / Regulations Classifying Employees  FLSA and Internal Revenue Code Affirmative Action  Executive Order 11246 Immigration  Immigration Reform and Control Act Compensation and Benefits  COBRA  FMLA State Laws & Regulations http://www.twc.state.tx.us/ Additional Regulations Workplace Safety Labor Unions Many others….

4. Sexual Harassment  Based on Title VII  Defined by 1980 EEOC interpretation of the law  Two types of sexual harassment

5. Two Types of Harassment “Quid pro quo”  Submission to conduct is a term of employment or the basis for employment decisions. “Hostile work environment”  "When the workplace is permeated with 'discriminatory intimidation, ridicule, and insult,' that is 'sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment,' Title VII is violated." Harris v. Forklift Systems, Inc.,

6. Sexual Harassment - EEOC Sexual harassment can occur in a variety of circumstances, including but not limited to the following:  The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.  The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non- employee.  The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.  Unlawful sexual harassment may occur without economic injury to or discharge of the victim.  The harasser's conduct must be unwelcome.

7. Definition of Harassment - UTA  Physical contact of a sexual nature including touching, patting, hugging, or brushing against a person's body;  Explicit or implicit propositions of offers to engage in sexual activity;  Comments of a sexual nature including sexually explicit statements, questions, jokes or anecdotes, remarks of a sexual nature about a person's clothing or body, remarks about sexual activity, speculation about sexual experience;  Exposure to sexually oriented graffiti, pictures, posters or materials;  Physical interference with or restriction to an individual's movements.

8. Company Responsibility  Hostile environment applies to all protected classes.  Intent is not a defense.  "knew or should have known" about the speech/conduct and did not intervene.  What does "knew or should have known" mean?  “An ordinary, reasonable prudent person in like or similar circumstances" would have known.

9. HR Manager’s Responsibility Establish a written policy Train employees on harassment Establish an effective complaint procedure  Timeliness  Due process  Documentation  Access to senior management Fair resolution Respond to ALL reported cases

10. Age Discrimination in Employment Act of 1967  Protects employees 70 million workers over 40  Nearly 50% of workers Cases most often arise from layoff or dismissal  It is legitimate to consider salary in layoffs  No standard of “reverse discrimination” for age suits The number of age discrimination complaints filed with the EEOC increase when economy weakens. Age Discrimination

11. Equal Pay Act of 1963 Employers are requires to pay men and women the same wages and benefits for doing “equal” work. “Equal” means same duties, responsibilities, skills, effort, working conditions, and location. Some exceptions:  Pay for performance  Different shifts or locations  More experience or seniority

12. Immigration Reform and Control Act (1986) Employers must comply with the Act by:  Having employees fill out their part of Form I-9.  Checking documents establishing an employee’s identity and eligibility to work.  Complete the employer’s section of Form I-9.  Retain Form I-9 for at least three years.  Present Form I-9 for inspection to an Immigration and Naturalization Service officer or to a Department of Labor officer upon request.

13.  1990 law covers employers with more than 15 employees.  Discrimination is prohibited against individuals with disabilities who can perform essential job functions with reasonable accommodation unless it would cause undue hardship.  Employers not required to change work rules if they are business necessity.  OFCCP vs. Ozark Airlines (1986) – employers must prove applicant could not perform the job safely. Americans with Disabilities Act (ADA)

14. Disability is a physical or mental impairment that affects a major life activity. Essential vs. marginal job functions Categories of "reasonable accommodations":  changes to a job application process  changes to the work environment  changes to the way a job is usually done  employee training Americans with Disabilities Act (ADA)

15. What Is a “Disability”? The ADA does not cover:  Homosexuality or bisexuality  Gender-identity disorders not resulting from physical impairment or other sexual-behavior disorders  Compulsive gambling, kleptomania, or pyromania  Psychoactive substance-use disorders resulting from current illegal use of drugs  Current illegal use of drugs  Infectious or communicable diseases of public health significance (applied to food-handling jobs only)

16. “Undue hardship” means significant difficulty or expense.  Not only financial difficulty  Those that would fundamentally alter the nature or operation of the business. Every request for reasonable accommodation should be evaluated separately taking into account:  Nature and cost of the accommodation needed  Overall financial resources of the business  Number of persons employed by the business  Impact of the accommodation on the business Undue Hardship

17. Pregnancy Discrimination Act (1978) Broadens the definition of sex discrimination to include pregnancy and childbirth. Employers may not alter the benefits of employment based on pregnancy or possibility of pregnancy if a woman is capable of performing their job duties. UAW vs. Johnson Controls (1987) Employers may not prevent women from taking jobs that may harm fetal health.

18. Avoiding Pitfalls in EEO  Provide Training  Document Decisions  Be Honest  Establish a Complaint Resolution Process  Ask Only for Info You Need to Know

19. 3-19Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Summary and Conclusions  Lawsuits are costly  Equal Employment Opportunity Laws  Pertain to both sexes and same sex issues  Questions asked must be justifiable by the job  Courts upheld affirmative action complaints  To defend a complaint, business must show:  Exercised reasonable care to prevent and correct sexual harassment problems  Internal procedures were viable and plaintiff failed to use them