hrm-legal environment.ppt

The Legal Environment of Human Resource Management

Equal Employment Opportunity and the Laws

Presented by 杨梅 &王晓栋

Human Resource Management

Q ： How much do you know about Environmental


Have you heard of(or experienced)employ-ment discrimination or any labor dispute?

Have you heard of(or experienced)employ-ment discrimination or any labor dispute?

How much do you know about foreign labor policies？

How much do you know about foreign labor policies？

Do you know anything about domestic labor policies?

Do you know anything about domestic labor policies?

What will you do with sexual harassment at work?

What will you do with sexual harassment at work?

Aspects of Human Resource Management?

Civil Rights Leader: Martin Luther King


1929 - 1968

-1955-Montgomery Bus Boycott

-1960-Sit in Demonstration

-1963-"I have a dream" Speech

-1964-Nobel Peace Prize

-1970-Assassination

-1983-Martin Luther King Day

What is Equal Employment Opportunity and Equal Employment Opportunity Commission?


EEO:

the condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin.

Discrimination

&

Harassment

The agency of the United States Government that enforces the federal employment discrimination laws.

EEOC:

http://www.eeoc.gov/Human Resource Management

Q1 ： Employment Discrimination by Type available at http://www.eeoc.gov/


DisabilityDisability

PregnancyPregnancyColourColour

RaceRace

SexSex

RetaliationRetaliationAgeAge ReligionReligion

Genetic Information

Genetic Information

CompensationCompensation

National Origin

Q2 ： General Sufferers of Employment


The Disabled

The Disabled

WomenWomen

Members of racial,ethnic and ethno-religious

minority groups

Members of racial,ethnic and ethno-religious

minority groups

Aboriginal people and

Torres Strait Islanders

Aboriginal people and

Torres Strait Islanders

Discrimination


California Department of Fair Employment and HousingCalendar Years 2008 - 2010(Cases Filed: Count of Bases (54,801 Employment Cases)

http://www.dfeh.ca.gov/


Types of Charges Filed with the EEOC


Discrimination Charge Stastics FY 2014 by EEOC Count of Bases (88,778 Employment Cases) http://eeoc.gov/eeoc/statistics/enforcement/charges.cfm


Disabilities Associated with Complaints Filed under ADA (Americans with Disabilities Act, http://www.ada.gov/)


Sexual Harassment

A Challenge

Please write A One Sentence Definition of

Sexual Harassment


Sexual Harassment available at http://www.eeoc.gov/

unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Definition:

Types of Sexual HarassmentTypes of Sexual Harassment

Quid Pro QuoQuid Pro Quo Hostile EnvironmentHostile Environment

Latin for ''this for that''; requests for sexual acts in return for any favoritism in the employment.

Behavior that creates a hostile, intimidating or offensive working environment.

EEO Laws 1964 - 1991Human Resource Management

Title VII of the 1964 Civil Rights Act

Executive Orders

Equal Pay Act of 1963

Age Discrimination in Employment Act of 1967

Vocational Rehabilitation Act of 1973

Pregnancy Discrimination Act of 1978


Title VII Civil Rights Act (Title VII)Title VII Civil Rights Act (Title VII)Age Discrimination in Employment

Act (ADEA)Age Discrimination in Employment

Act (ADEA)

• Prohibits employers from discriminating based on:– Race/Color– Religion– Sex– National origin– Age (40 and above)– Disability– Retaliation

• Applies to organizations that employ 15 or more persons.

http://www.eeoc.gov/laws/statutes/titlevii.cfm

• Prohibits discrimination against workers who are over the age of 40.

• Age discrimination complaints make up a large percentage of the complaints filed with the Equal Employment Opportunity Commission (EEOC).

http://www.eeoc.gov/laws/statutes/adea.cfm

EEO Laws


Title VII Civil Rights Act (1964)

Who it Covers

Employment agencies

Unions having at least 15 members or which

operate hiring halls

All government and private sector employers

employing at least 15 employees


Bona Fide Occupational Qualification(BFOQ)

Title VII Civil Rights Act (1964)

Section 703 (e) states that discrimination is not unlawful "in those circumstances where race, religion, sex, or nation origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." 42 USC section 2000e-2(e).

Examples of Acceptable BFOQsMandatory retirement ages for public and mass transit drivers and pilots

Religious affiliation for churches and church-operated companies(institutions) in key positions

The hiring of actors or models of particular sex, national origin, or race for the purpose of authenticity


Title VII Civil Rights Act (Title VII)Title VII Civil Rights Act (Title VII)Age Discrimination in Employment

Act (ADEA)Age Discrimination in Employment

Act (ADEA)

• Prohibits employers from discriminating based on:– Race/Color– Religion– Sex– National origin– Age (40 and above)– Disability– Reataliation

• Applies to organizations that employ 15 or more persons.

http://www.eeoc.gov/laws/statutes/titlevii.cfm

• Prohibits discrimination against workers who are over the age of 40.

• Applies to companies of 20 or over 20 employees.

• Employees are not required to retire at age 65 in the United States

http://www.dol.gov/dol/topic/discrimination/agedisc.htm

EEO Laws


Vocational Rehabilitation Act (1973)Vocational Rehabilitation Act (1973)

• Covered organizations must engage in affirmative action for individuals with disabilities.

• Employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them.

http://www.eeoc.gov/eeoc/history/35th/thelaw/rehab_act-1973.html

Pregnancy Discrimination Act (PDA)Pregnancy Discrimination Act (PDA)• Amendment to Civil Rights Act 1964• Defines discrimination on the basis of

pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination.

• Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions.

http://www.eeoc.gov/laws/statutes/pregnancy.cfm

EEO Laws


Disability Law Development

Rehabilitation Act

Americans with Disabilities Act (ADA)

Individuals with Disabilities Education Act (IDEA)

Developmental Disabilities Assistance and Bill of Rights Act

(DD Act)


Vocational Rehabilitation Act (1973)Vocational Rehabilitation Act (1973)

• Covered organizations must engage in affirmative action for individuals with disabilities.

• Employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them.

http://www.eeoc.gov/eeoc/history/35th/thelaw/rehab_act-1973.html

Pregnancy Discrimination Act (PDA)Pregnancy Discrimination Act (PDA)• Amendment to Civil Rights Act 1964• Defines discrimination on the basis of

pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination.

• Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions.

http://www.eeoc.gov/laws/statutes/pregnancy.cfm

EEO Laws

EEO Laws 1991 - PresentHuman Resource Management

The Civil Rights Act of 1991

The Americans with Disabilities Act (ADA)

Genetic Information Nondiscrimination Act of 2008 (GINA)

State and Local Equal Emplyment Opportunity Laws


Civil Rights Act (1991)Civil Rights Act (1991)• Adds compensatory and

punitive damages in cases of discrimination under Title VII and the ADA.

• The amount of punitive damages is limited by the act and depends on the size of the organization charged with discrimination.

http://www.eeoc.gov/eeoc/history/35th/1990s/civilrights.html



• Employers may not use genetic information in making decision related to the terms, conditions, or privileges of employment

• Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories

• Forbids unintentional collection of this data

• Forbids harassment of employee because of genetic information

http://www.eeoc.gov/laws/statutes/gina.cfm

EEO Laws


How to file a charge if you believe that you are discriminated?

For more information: http://www.eeoc.gov/employees/charge.cfm

Complaint Process

File a Charge

File a Job Discrimination Lawsuit

Online Assessment System

Filing in Person in Office

By Telephone

By Mail

Pre Complaint Counseling

Formal Complaint


Coming together is a beginning.

Keeping together is progress.

Working together is success. - Henry Ford

Recognize People. Engage People. Treat People like Equals.

hrm-legal environment.ppt

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