Slide 1U.S. Legal SystemEqual Employment Opportunity (EEO)Congressional LegislationCongressional LegislationReasonable AccommodationUndue HardshipOutcomesEnforcement of EEOTypes of DiscriminationDisparate Treatment or Impact?Types of DiscriminationHarassmentSexual HarassmentTypes of Sexual HarassmentPreventing Sexual HarassmentIs Discrimination Ever Ok?Affirmative ActionOccupational Safety & Health ActEmployee Rights under OSHAThe Legal Environment: Equal Employment Opportunity and Safety3-2U.S. Legal SystemExecutive Judicial Judicial LegislativeEqual Employment Opportunity (EEO)Government's attempt to ensure all individuals have equal chance for employment, regardless of racecoloragereligionsex/gendernational originmental or physical abilityCongressional Legislation•Title VII of the Civil Rights Act of 1964oProhibits discrimination in hiring, firing, pay based on race, religion, sex, national originoIf you remember nothing else…•Equal Pay Act of 1963 •Age Discrimination in Employment Act of 1967•Pregnancy Discrimination Act •Americans with Disabilities Act•Uniformed Services Employment Reemployment Rights Act •Immigration Reform and Control ActoIf do hire, is illegal to discriminate againstCongressional LegislationReasonable AccommodationMake "reasonable accommodation” to physically or mentally disabled person unless would impose "undue hardship.”Religion and Accommodation – employee must demonstrate Legitimate religious beliefNotice provided for need for accommodationAdverse consequence occurredDisability and Accommodation – employer accommodationsReadily accessible facilitiesAlternative testing formats, readers, additional time, interpreters, or reading assistance technologyJob restructuringReassignment3-6Undue HardshipAction requiring significant difficulty or expense when consideringNature and cost of accommodation in relation to the org sizeResourcesNature and structure of employer’s operationIf is undue hardship, employer must try to identify another accommodation or give employee with disability option of covering portion of the cost.3-7OutcomesMixed resultsoVoluntary compliance law – no reporting requirements, unlike other civil rights lawsoProvides only injunctive relief and attorney fees to plaintiffs who successfully sue & winHow many people are really impacted?3-9Created under Civil Rights ActEnforce EEO lawsTries to eliminate discriminationEnforcement of EEOEqual Employment Opportunity CommissionOffice of Federal Contract Compliance ProgramsOffice of Federal Contract Compliance ProgramsWorks closely with EEOCCovers companies with federal government contractsProtect workers, promote diversity, enforce the law3-10People in similar situations treated differently based on race, color, religion, sex, national origin, age, or disability statusMust be proven was intentionalTypes of DiscriminationDisparateTreatmentDisparateTreatmentDisparate ImpactDisparate ImpactWhen seemingly neutral employment practice disproportionately excludes a protected group from employment opportunitiesIntent is irrelevantDisparate Treatment or Impact?In 1965, a company openly discriminated against African Americans by requiring they only be employed in the Labor Department where the highest paying job paid LESS than the lowest paying job in all other departments.After Title VII, company stopped overt discrimination but added a requirement that applicants for hire/transfer to any BUT the Labor Dept. must have a high school diploma or score satisfactorily on two IQ tests.BREAK INTO GROUPS: Is this disparate treatment or impact? Why?3-113-12Unwanted or undesirable conduct that puts down or shows hostility or an aversion toward anotherTypes of DiscriminationHarassmentHarassmentSexual HarassmentSexual HarassmentUnwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual natureHarassmentUnwelcome conduct based onoRace, color, religion, sex (including pregnancy), national origin, age (40+), disability, genetic infoUnlawful whenoCondition of employmentoConduct is severe/pervasive enough to be considered hostile, intimidating, abusiveoRetaliation for filing discrimination chargeDid you knowoHarassers: Supervisors, co-workers, non-employeeoVictims: someone other than the person harassed3-13Sexual HarassmentUnwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature Unlawful whenoCondition of employment, either explicitly or implicitlyoSubmission to or rejection by an individual is used as basis of employment decisionsoUnreasonably interferes with person’s work performance or creates intimidating, hostile, or offensive working environmentDid you knowoHarassers: Supervisors, co-workers, non-employeeoVictims: someone other than the person harassed3-143-15Some type of benefit or punishment made contingent on the employee submitting to sexual advancesTypes of Sexual HarassmentQuid Pro QuoQuid Pro QuoHostile WorkingEnvironmentHostile WorkingEnvironmentSomeone’s workplace behavior creates environment that makes it difficult for someone of particular sex to workPreventing Sexual Harassment3-16Policy StatementTrainingReporting MechanismPrompt Disciplinary ActionIs Discrimination Ever Ok?Bona Fide Occupational Qualifications: Job qualification based on race, sex, religion, etc. that an employer asserts is a necessary qualification for the jobJob qualification based on safetyHas to be listed in the job postingAffirmative ActionAction or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education (aka positive discrimination)Extra effort to attract and retain minority employeesoImposed quota programs hold certain number of jobsoDebate continuesWhat is reverse discrimination?3-18Occupational Safety & Health ActEmployee safety regulated by federal and state governmentsRequires employers run business free from recognized hazardsMission: “to assure safe and healthful working conditions for working men & women by setting and enforcing standards and by providing training, outreach, education and assistance” 3-193-20Employee Rights under