providing eeo and safe workplace
TRANSCRIPT
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What Do I Need to Know?
1. Explain how the three branches of government
regulate human resource management.
2. Summarize the major federal laws requiring
equal employment opportunity.
3. Identify the federal agencies that enforce
equal employment opportunity, and describe
the role of each.
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What Do I Need to Know? (continued)
4. Describe ways employers can avoid illegal
discrimination and provide reasonable
accommodation.
5. Define sexual harassment and tell how
employers can eliminate or minimize it.
6. Explain employers duties under the
Occupational Safety and Health Act.
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What Do I Need to Know? (continued)
7. Describe the role of the Occupational Safety
and Health Administration (OSHA).
8. Discuss ways employers promote worker safetyand health.
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Test Your Knowledge
Three branches of U.S. government play a rolein the legal environment of HRM.
The executive branch _________; the
legislative branch ________; and the judicialbranch _________.A. makes laws; issues directives; interprets laws
B. issues directives, makes laws; interprets laws
C. interprets laws; makes laws; issues directives
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Regulation of Human Resource
Management
LEGISLATIVE
BRANCH
Has enacted anumber of lawsgoverning HRactivities.
EXECUTIVE
BRANCH
Responsible forenforcing thelaws.
Includes theregulatoryagencies thatthe presidentoversees.
JUDICIAL
BRANCH
Interprets thelaw.
The SupremeCourt is thecourt of finalappeal.
Its decisions arebinding.
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Table 3.1:
Summary of Major
EEO Laws and
Regulations
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EEO: Constitutional Amendments
Thirteenth Amendment
Abolished slavery in the
United States.
Has been applied in caseswhere discrimination
involved the symbols and
incidents of slavery.
Fourteenth Amendment
Forbids the states from
taking life, liberty, or
property without dueprocess of law.
Prevents the states from
denying equal protection of
discrimination.
Applies to the decisions or
actions of the government
or private groups.
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EEO: Legislation
Civil Rights Acts (1866 & 1871)
The Civil Rights Act of 1866
granted all persons the
same property rights aswhite citizens.
The Civil Rights Act of 1871
granted all citizens the right
to sue in federal court ifthey feel they have been
deprived of some civil right.
Equal Pay Act (1963)
Men and women in an
organization doing the same
work must be paid equally.
Equalis defined in terms of
skill, effort, responsibility,
and working conditions.
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EEO: Legislation (continued)
Title VII Civil Rights Act (1964)
Prohibits employers from
discriminating based on:
Race Color
Religion
Sex
National origin
Applies to organizations
that employ 15 or more
persons.
Age Discrimination inEmployment Act (ADEA)
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).
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Test Your Knowledge
Which of the following is covered under Title
VII of the Civil Rights Act?
A. A group of Hispanic applicants claim that they were
discriminated against during the hiring process.B. A gay man charges that he was discriminated against as
reflected in his performance evaluation.
C. A group of women claim they were denied training opportunities
that their male counterparts receivedD. A group of older workers claim they were laid-off
disproportionately in comparison to younger workers.
E. Both A & C
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Figure 3.1: Age Discrimination Complaints,
1991 - 2006
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EEO: Legislation (continued)
Vocational Rehabilitation Act(1973)
Covered organizations mustengage in affirmative action
for individuals withdisabilities.
Employers are encouragedto recruit qualifiedindividuals with disabilities
and to make reasonableaccommodations to them.
Vietnam Era VeteransReadjustment Act (1974)
Requires federal contractors
and subcontractors to take
affirmative action towardemploying veterans of the
Vietnam War.
It covers veterans who
served between August 5,
1964 and May 7, 1975.
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EEO: Legislation (continued)
Pregnancy Discrimination Act(1978)
Defines discrimination on the
basis of pregnancy, childbirth,
or related form of medicalcondition to be a form of illegal
sex discrimination.
Benefits, including health
insurance, should coverpregnancy and related medical
conditions in the same way as
other medical conditions.
Americans with Disabilities Act(ADA) of 1990
Protects individuals with
disabilities from being
discriminated against in theworkplace.
Prohibits discrimination
based on disability in all
employment practices.
Employers must take steps
to accommodate individuals
covered by the act.
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Figure 3.2: Disabilities Associated with
Complaints Filed under ADA
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EEO: Legislation (continued)
Civil Rights Act (1991)
Adds compensatory and
punitive damages in cases
of discrimination under TitleVII and the ADA.
The amount of punitive
damages is limited by the
act and depends on the sizeof the organization charged
with discrimination.
Uniformed Services Employment& Reemployment Rights Act
Employers must reemploy
workers who left jobs to
fulfill military duties for upto five years.
Should be in the job they
would have held if they had
not left to serve in themilitary.
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Table 3.2: Maximum Punitive DamagesAllowed Under the Civil Rights Act of 1991
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The Governments Role in Providing For EEO:Equal Employment Opportunity Commission (EEOC)
Responsible for enforcing most of the EEO laws. Investigates and resolves complaints about
discrimination
Gathers information
Issues guidelines
Monitors organizations hiring practices
Complaints must be filed within 180 days of the
incident. EEOC has 60 days to investigate the complaint.
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Figure 3.3:
Types of Charges Filed with the EEOC
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The Governments Role in Providing For EEO: Officeof Federal Contract Compliance Procedures (OFCCP)
Responsible for enforcing the executive orders
that cover companies doing business with the
federal government.
Audits government contractors to ensure they
are actively pursuing the goals in their
affirmative action plans.
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Businesses Role in Providing for EEO:
Avoiding Discrimination
Disparate Treatment
Differing treatment of
individuals based on the
individuals race, color,religion, sex, national origin,
age, or disability status.
Bona Fide OccupationalQualification (BFOQ)
A necessary (not merely
preferred) qualification for
performing a job. The Supreme Court has
ruled that BFOQs are
limited to policies directly
related to a workers ability
to do the job.
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Businesses Role in Providing for EEO:
Avoiding Discrimination(continued)
Disparate Impact
A condition in which
employment practices are
seemingly neutral yetdisproportionately exclude
a protected group from
employment opportunities.
Four-Fifths Rule
Rule of thumb that finds
evidence of discrimination if
an organizations hiring ratefor a minority group is less
than four-fifths the hiring
rate for the majority group.
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Figure 3.4: Applying the Four-Fifths Rule
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Test Your Knowledge
True = A False = B
During an interview it is legal to ask only women ifthey have child-care needs.
Hiring only men to model male underwear is legal.
If a company unintentionally hires adisproportionate number of non-minorities, theycan be held liable for discrimination.
Organizations can screen candidates using a testthat reliably predicts on-the-job performance.
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Businesses Role in Providing for EEO:
Avoiding Discrimination(continued)
Reasonable Accommodation: An employersobligation to do something to enable anotherwise qualified person to perform a job.
Companies should recognize needs based onindividuals religion or disabilities.
Employers may need to make suchaccommodations as adjusting work schedules or
dress codes, making the workplace moreaccessible, or restructuring jobs.
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Figure 3.5: Examples of Reasonable
Accommodation under the ADA
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Businesses Role in Providing for EEO:
Avoiding Discrimination(continued)
Sexual Harassment: refers to unwelcome sexualadvances, requests for sexual favors, and otherverbal or physical contact of a sexual nature when:
1. Submission to such conduct is made explicitly or implicitly aterm of condition of an individuals employment,
2. Submission to or rejection of such conduct by an individual isused as the basis for employment decisions affecting suchindividual, or
3. Such conduct has the purpose of effect of unreasonablyinterfering with an individuals work performance or creating anintimidating, hostile, or offensive working environment.
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Businesses Role in Providing for EEO:
Avoiding Discrimination(continued)
Organizations can prevent sexual harassmentby:
Developing a policy that defines and forbids it
Training employees to recognize and avoid this
behavior
Providing a means for employees to complain and
be protected
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Workplace Safety: Occupational Safety and
Health Act (OSH Act)
Authorizes the federal government to establishand enforce occupational safety and healthstandards for all places of employmentengaging in interstate commerce.
Established the Occupational Safety and HealthAdministration (OSHA). Responsible for:
Inspecting employers
Applying safety and health standards
Levying fines for violation
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Workplace Safety: Occupational Safety and
Health Act (OSH Act) (continued)
General Duty Clause
Each employer has a
general duty to furnish each
employee a place ofemployment free from
recognized hazards that
cause or are likely to cause
death or serious physical
harm.
Specific Duties
Employers must keep
records of work-related
injuries and illnesses. Employers must post and
annual summary of these
records from February 1 to
April 30 in the following
year.
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Employee Rights Under the OSH Act
Employees have the right to:
1. Request an inspection.
2. Have a representative present at an inspection.
3. Have dangerous substances identified.
4. Be promptly informed about exposure to hazards
and be given access to accurate records regarding
exposure.5. Have employer violations posted at the work site.
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Enforcement of the OSH Act
OSHA is responsible forinspecting businesses,applying safety andhealth standards, and
levying fines forviolations.
OSHA regulationsprohibit notifying
employers ofinspections in advance.
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Whats the priority?
Which of the following has FIRST priority for
inspection by OSHA officials?
A. Catastrophes and fatal accidents
B. Employee complaints
C. High-hazard industries
D. Imminent danger
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Figure 3.7:
Rates of
Occupational
Injuries andIllnesses
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Employer-Sponsored Safety and Health Programs:Identifying and Communicating Job Hazards
Job Hazard Analysis Technique
Safety promotion technique
that involves breaking down
a job into basic elements,then rating each element
for its potential for harm or
injury.
Technic of Operations Review (TOR)
Method of promoting safety
by determining which
specific element of a job ledto a past accident.
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Employer-Sponsored Safety and HealthPrograms (continued)
Reinforcing Safe Practices
Implementing a safety
incentive program to
reward workers for theirsupport of and commitment
to safety goals.
Start by focusing on
monthly or quarterly goals.
Encourage suggestions for
improving safety.
Promoting Safety Internationally
Cultural differences make
this difficult.
Laws, enforcementpractices, and political
climates vary from country
to country.
Companies may operate incountries where labor
standards are far less strict
than in the U.S.
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Summary
Human resource management is regulated by thethree branches of government:
Legislative branch develops and enacts laws
Executive branch and its regulatory agencies implement
the laws Judicial branch hears cases related to employment and
interprets the law
The Equal Employment Opportunity Commission
(EEOC) is responsible for enforcing most of the EEOlaws. It investigates and resolves complaints, gathersinformation, and issues guidelines.
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Summary (continued)
The major federal laws
requiring EEO:
Civil Rights Acts of 1866
and 1871 Equal Pay Act of 1963
Title VII of the Civil
Rights Act of 1964
Age Discrimination in
Employment Act
Vocational Rehabilitation
Act of 1973
Vietnam Era Veterans
Readjustment Act of 1974
Pregnancy Discrimination
Act of 1978
Americans with
Disabilities Act (1990)
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Summary (continued)
Civil Rights Act (1991)
Uniformed Services
Employment and
Reemployment Act(1994)
Constitutional
Amendments:
Thirteenth Amendment
Fourteenth Amendment
Executive Orders:
Executive Order 11246
Executive Order 11478
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Summary (continued)
Under the Occupational Safety and Health Act,
employers have a general duty to provide employees
a place of employment free from recognized safety
and health hazards. The Occupational Safety and Health Administration
publishes regulations and conducts inspections.
Besides complying with OSHA regulations, employers
often establish safety awareness programs designedto instill an emphasis on safety.
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Summary (continued)
Employers may identify and communicate hazards
through thejob hazard analysis technique or the
technic of operations review.
Employers may also establish incentive programs toreward safe behavior.