CHAPTER THREEChapter ObjectivesWhy Understanding the Legal Environment Is ImportantConflicting Strategies for Fair EmploymentSlide 5Affirmative ActionEqual Employment Opportunity LawsThe Equal Pay Act of 1963Key TermsDisparate Treatment Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964Disparate Impact Griggs v. Duke Power Company (1971)Disparate Impact Albemarle Paper Company v. Moody (1975)Determining Discrimination McDonnell Douglas TestDefense of Discrimination Charges Four-fifths RuleDefense of Discrimination Charges Four-fifths RuleSlide 18Defense of Discrimination ChargesTitle VII and Pregnancy Pregnancy Discrimination Act (PDA) of 1978Title VII: Sexual HarassmentSexual Harassment DefinedSexual Harassment Two Broad CategoriesSlide 24Sexual Harassment Court CasesSexual Harassment Reducing Potential LiabilitySexual Harassment Reducing Potential LiabilityThe Age Discrimination in Employment Act of 1967Age Discrimination in Employment Ways to Increase Potential LiabilityThe Vietnam Era Veterans Readjustment Act of 1974State and Local Equal Employment Opportunity LawsAmericans with Disabilities Act (ADA)Slide 33Slide 34Slide 35Slide 36ADA Suggestions for an Accessible WorkplaceCivil Rights Act of 1991 (CRA)Slide 39Avoiding Pitfalls in EEODiscriminatory Employment PracticesQuestions to Ask When an Employer Receives Notice That EEOC has Filed a Bias Claim3-1CHAPTER THREECHAPTER THREEUnderstanding Equal Opportunity & The Legal Environment3-2Chapter ObjectivesChapter ObjectivesUnderstanding why compliance with HR laws is importantReview and understand progression of HR lawsTo help understand how managers can make decisions that will help avoid legal liabilityReview Key TermsAffirmative ActionDisparate impactDisparate treatmentHostile Work Environment Protected ClassQuid pro quo3-3Why Understanding the Legal Environment Why Understanding the Legal Environment Is ImportantIs ImportantAssists in realizing what is the right thing to do…Assists in realizing what is the right thing to do…Helps employees understand the limitations of the HR Helps employees understand the limitations of the HR and Legal departmentsand Legal departmentsFacilitate a fair and humane environmentFacilitate a fair and humane environmentCan limit potential liabilityCan limit potential liabilityWho to hireWho to hireHow to compensate employeesHow to compensate employeesWhat benefits to offerWhat benefits to offerHow to accommodate employees with dependentsHow to accommodate employees with dependentsHow and when to fire employeesHow and when to fire employees3-4Conflicting Strategies for Fair EmploymentConflicting Strategies for Fair Employment3-5Conflicting Strategies for Fair EmploymentConflicting Strategies for Fair EmploymentAffirmative Action: A phrase describing a range of policies to seek out, encourage and sometimes give preferential treatment to individuals in protected groups Allowed when breaks down historic patterns of discriminationAll employees should be “essentially equally qualified”No absolute barriers to white employeesNo discharge of white workersFlexible and temporaryMay be court ordered3-6Affirmative ActionAffirmative ActionExecutive OrderPresidential directive that has force of the law – all federal agencies and organizations doing business with the federal government must complyExecutive Orders 11246 and 11375Require affirmative action: steps that are taken for the purpose of eliminating the present effects of past discriminationOffice of Federal Contract Compliance Programs (OFCCP)Responsible for implementing the executive orders related to affirmative action and ensuring the compliance of federal contractors3-7Equal Employment Opportunity LawsEqual Employment Opportunity LawsThe Equal Pay Act of 1963The Equal Pay Act of 1963Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964The Age Discrimination in Employment Act of The Age Discrimination in Employment Act of 19671967The Vietnam Era Veterans Readjustment Act of The Vietnam Era Veterans Readjustment Act of 19741974The Americans with Disabilities Act of 1990The Americans with Disabilities Act of 1990Civil Rights Act of 1991 Civil Rights Act of 1991 (most recent amendment to Civil Rights (most recent amendment to Civil Rights Act of 1964)Act of 1964)3-8The Equal Pay Act of 1963The Equal Pay Act of 1963An amendment to the Fair Labor Standards Act. It requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions.Wage differentials are permitted, however, if they are based on factors other than sex, such as a seniority system, a merit system, or a system measuring earnings by quantity or quality of production.3-9Key TermsKey TermsProtected ClassA group of people who have suffered discrimination in the past and who are give special protection by the judicial system African AmericansAsian AmericansLatinosNative AmericansWomenDisparate treatmentIntentional discrimination on the part of the employer Disparate impactA practice or policy that has a greater adverse impact on the members of a protected group than on other employees, regardless of intent.3-10Disparate TreatmentDisparate Treatment Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964 Disparate Treatment:Intentional discrimination on the part of the employerTitle VII of the Civil Rights Act of 1964 It is unlawful to fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin.It is unlawful to limit, segregate, or classify his/her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee because of such individual’s race, color, religion, sex, or national origin.3-11Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964An employer cannot discriminate on the basis of race, color, religion, sex, or national
View Full Document