MGMT 450 1st EditionExam # 1 Study Guide Ch. 3-6Chapter 3Regulation of Human Resource Management:- Legislative branch:o Consists of two houses of Congress, has enacted a number of laws governing human resource activitieso Senators and U.S. Representatives generally develop these laws in response to perceivedsocietal needs For example, during the civil rights movement of the early 1960s, Congress enacted Title VII of the Civil Rights Act to ensure that various minority groups received equal opportunities in many areas of life- Executive branch:o Including the many regulatory agencies that the president oversees, is responsible for enforcing the laws passed by Congresso Some federal agencies involved in regulating human resource management include the Equal Employment Opportunity Commission and the Occupational Safety and Heath Administrationo President Lyndon Johnson signed Executive Order 11246- Judicial branch:o Federal court system, influences employment law by interpreting the law and holding trails concerning violations of the lawo The U.S. Supreme Court, at the head of the judicial branch, si the court of final appealo Decisions made by the Supreme Court are binding; they can be overturned only through laws passed by Congress.Equal Employment Opportunity:- Condition in which all individuals have an equal chance for employment, regardless of their race,color, religion, sex, age, disability, or national origino Constitutional Amendments: Thirteenth amendment: abolished slavery Fourteenth amendment: forbids the states from taking life, liberty, or property without due process of law and prevents the states from denying equal protection of the laws- Reverse discrimination- Civil Rights Acts of 1866 and 1871o 1866: granted all persons the same property rights as white citizens, as well as the right to enter into and enforce contractso 1871: granted all citizens the right to sue in federal court if they feel they have been deprived of some civil right compensatory and punitive damages- Unequal Pay Act of 1963o If men and women in an organization are doing equal work, then the employer must paythem equallyo Act defines equal in terms of skill, effort, responsibility, and working conditionso Act allows for reasons why men and women performing he same job might be paid differently Seniority, merit, quantity or quality of production- Title VII of the Civil Rights Act of 1964o Directly resulted form the civil rights movement of the early 1960s, led by such individuals as Dr. Martin Luther King Jr.o To ensure that employment opportunities would be based on character or ability rather than on race, Congress wrote and passed Title VII and President Lyndon Johnson signed it into law in 1964. o Law is enforced by Equal Employment Opportunity Commission (EEOC)o Prohibits employers from discriminating against individuals because of their race, color, religion, sex, or national origin.o Applies to organizations that employ 15 or more people working 20 or more weeks a year and that are involved in interstate commerce, as well as state and local governments, employment agencies, and labor organizationso States that employers may not retaliate against employees for either “opposing” a perceived illegal employment practice or “participating in a proceeding” related to an alleged illegal employment practice.- Age Discrimination in Employment Act (ADEA)o One category of employees not covered by Title VII is older workerso Prohibits discrimination against workers who are over the age of 40o Many firms have offered early-retirement incentives as an alternative to involuntary layoffs—because this approach to workforce reduction focuses on older employees, whowould be eligible for early retirement, it may be in violation of the ADEAo Establish performance-related criteria that must be genuinely performance related- Vocational Rehabilitation Act of 1973—Do not have to know for examo Enhance employment opportunity for individuals with disabilitieso Act covers executive agencies and contractors and subcontractors that receive more than $2,500 annually from the federal governmento Must engage in affirmative action—an organization’s active effort to find opportunities to hire or promote people in a particular groupo Enforced by Department of Labor’s Employment Standards Administration- Vietnam Era Veteran’s Readjustment Act of 1974o Requires contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War (those serving between August 5, 1964 and May 7 1975)o Enforced by Office of Federal Contract Compliance Procedures- Pregnancy Discrimination Act of 1978o Defines discrimination on the basis of pregnancy, childbirth, or related medical conditions to be a form of illegal sex discriminationo Benefits including health insurance, should cover pregnancy and related medical conditions in the same way that it covers other medical conditions- Americans with Disabilities Act of 1990 (ADA)o Protects individuals with disabilities from being discriminated against in the workplace. o Prohibits discrimination based on disability in all employment practices, such as job application procedures, hiring, firing, promotions, compensation, and training—other employment activities covered by ADA are employment advertising, recruitment, tenure, layoff, leave, and fringe benefitso ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairmento Ex: epilepsy, blindness, deafness, or paralysis—that affect their ability to perform major bodily functions and major life activities such as walking, learning, caring for one-selfo History of disability (cancer)o Someone severely disfigured- Civil Rights Act of 1991o Amends title VII of the Civil Rights Act of 1964, as well as the Civil Rights Act of 1866, theAmericans with Disabilities Act, and the Age Discrimination in Employment Act of 1967.o One major change in EEO law under CRA 1991 has been the addition of compensatory and punitive damages in cases of discrimination under Title VII and the Americans with Disabilities Acto CRA 1991 allows judges to award compensatory and punitive damages when the plaintiffproves the discrimination was intentional or recklesso Compensatory damages—future monetary loss, emotional pain, suffering, and loss