fundamentals of

Human Resource Management 4th

edition

by R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright

CHAPTER 3

Providing Equal
Employment Opportunity
and a Safe Workplace
McGraw-Hill/Irwin

Copyright 2011 by The McGraw-Hill Companies, Inc. All Rights Reserved.

3-1

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.
3-2

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.
3-3

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 safety and health.

3-4

Test Your Knowledge

Three branches of U.S. government play
a role in the legal environment of HRM.
The executive branch _________; the
legislative branch ________; and the
judicial branch _________.
A. makes laws; issues directives; interprets
laws
B. issues directives; makes laws; interprets
laws
C. interprets laws; makes laws; issues
directives
3-5

Regulation of Human Resource

Management

3-6

Equal Employment
Opportunity (EEO)
Equal
The federal
employment
governments
opportunity the
efforts in this area
condition in which
include:
all individuals have
constitutional
amendments
an equal chance for
legislation
employment,
regardless of their
executive orders
race, color, religion,
court decisions
sex, age, disability,
or national origin.
3-7

Table 3.1:
Summary of
Major EEO
Laws and
Regulations

3-8

EEO: Constitutional
Amendments
Thirteenth Amendment

Abolished slavery in
the United States.
Has been applied in
cases where
discrimination
involved the symbols
and incidents of
slavery.

Fourteenth Amendment

Forbids the states from

taking life, liberty, or
property without due
process of law.
Prevents the states from
denying equal protection
of discrimination.
Applies to the decisions
or actions of the
government or private
groups.
3-9

EEO: Legislation
Civil Rights Acts (1866 &
1871)
The Civil Rights Act of
1866 granted all persons
the same property rights
as white citizens.
The Civil Rights Act of
1871 granted all citizens
the right to sue in
federal court if they 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.
Equal is defined in
terms of skill, effort,
responsibility, and
working conditions.

3-10

EEO: Legislation
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.

(continued)

Age Discrimination in
Employment 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).

3-11

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 received
D. A group of older workers claim they were laid-off
disproportionately in comparison to younger workers.
E. Both A & C
3-12

Figure 3.1: Age Discrimination

Complaints, 1994 - 2009

3-13

EEO: Legislation
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.

(continued)

Vietnam Era Veterans

Readjustment Act (1974)

Requires federal
contractors and
subcontractors to take
affirmative action
toward employing
veterans of the
Vietnam War.
It covers veterans who
served between
August 5, 1964 and
May 7, 1975.
3-14

EEO: Legislation

(continued)

Pregnancy Discrimination
Act (1978)

Americans with Disabilities

Act (ADA) of 1990

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.

Protects individuals with

disabilities from being
discriminated against in
the workplace.
Prohibits discrimination
based on disability in all
employment practices.
Employers must take
steps to accommodate
individuals covered by
the act.
3-15

Figure 3.2: Disabilities Associated

with Complaints Filed under ADA

3-16

EEO: Legislation
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.

(continued)

Uniformed Services
Employment &
Reemployment Rights Act

Employers must
reemploy workers who
left jobs to fulfill
military duties for up
to five years.
Should be in the job
they would have held
if they had not left to
serve in the military.

3-17

Table 3.2: Maximum Punitive

Damages Allowed Under the Civil
Rights Act of 1991

3-18

Genetic Information
Nondiscrimination Act of 2008
(GINA)
Employers may not
use genetic

information in making decision related to

the terms, conditions, or privileges of
employment
Includes a persons genetic tests, genetic
test of the persons family members, and
family medial histories
Forbids unintentional collection of this data
Forbids harassment of employee because
of genetic information
3-19

EEO: Legislation

(continued)

Executive Order 11246

Executive Order 11478

Prohibits federal
contractors and
subcontractors from
discriminating based on
race, color, religion, sex,
or national origin.
Employers whose
contracts meet
minimum size
requirements must
engage in affirmative
action.

Requires the federal

government to base
all its employment
decisions on merit and
fitness.
Also covers
organizations doing at
least $10,000 worth of
business with the
federal government.
3-20

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.
3-21

Figure 3.3:
Types of Charges Filed with the
EEOC

3-22

The Governments Role in Providing For

EEO: Office of 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.

3-23

Businesses Role in Providing for

EEO:
Bona Fide Occupational
Avoiding
Discrimination
Disparate Treatment
Qualification (BFOQ)
Differing treatment of
individuals based on
the individuals race,
color, religion, sex,
national origin, age, or
disability status.

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.
3-24

Businesses Role in Providing for

EEO:
Avoiding
Discrimination
(continued)
Disparate Impact
Four-Fifths Rule
A condition in which
employment practices
are seemingly neutral
yet disproportionately
exclude a protected
group from
employment
opportunities.

Rule of thumb that

finds evidence of
discrimination if an
organizations hiring
rate for a minority
group is less than fourfifths the hiring rate
for the majority group.

3-25

Figure 3.4: Applying the FourFifths Rule

3-26

Test Your Knowledge

True = A

False = B

During an interview it is legal to ask only

women if they have child-care needs.
Hiring only men to model male underwear
is legal.
If a company unintentionally hires a
disproportionate number of non-minorities,
they can be held liable for discrimination.
Organizations can screen candidates using
a test that reliably predicts on-the-job
performance.
3-27

Businesses Role in Providing for

EEO:
Avoiding
Discrimination
(continued)
Reasonable
Accommodation:
An

employers obligation to do something to

enable an otherwise qualified person to
perform a job.
Companies should recognize needs based
on individuals religion or disabilities.
Employers may need to make such
accommodations as adjusting work
schedules or dress codes, making the
workplace more accessible, or
restructuring jobs.
3-28

Figure 3.5: Examples of

Reasonable Accommodation under
the ADA

3-29

 Regina Genwright
talks to a voiceactivated copier at
the American
Foundation for the
Blind. The copier
has a Braille
keyboard and
wheelchairaccessible height.
3-30

Businesses Role in Providing for

EEO: Avoiding Discrimination
(continued)

Sexual Harassment: refers to unwelcome

sexual advances, requests for sexual favors,
and other verbal or physical contact of a
sexual nature when:
1.Submission to such conduct is made explicitly or
implicitly a term of condition of an individuals
employment,
2.Submission to or rejection of such conduct by an
individual is used as the basis for employment
decisions affecting such individual, or
3.Such conduct has the purpose of effect of
unreasonably interfering with an individuals
work performance or creating an intimidating,
hostile, or offensive working environment.

3-31

Businesses Role in Providing for

EEO: Avoiding Discrimination
(continued)

Organizations can prevent sexual

harassment by:
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

3-32

Test Your Knowledge

A male manager frequently engages in sexual
activity with selected female subordinates.
Other women in this work environment who
are not involved with the manager complain
of sexual harassment due to favoritism. Do
they have a case?
A. No, because they were not directly
discriminated against.
B. No, because the contact was consensual.
C. Yes, because the manager is making others feel
uncomfortable.
D. Yes, because any consensual relationship in the
workplace among employees is prohibited.
3-33

Workplace Safety: Occupational

Safety and Health Act (OSH Act)
Authorizes the federal government to
establish and enforce occupational
safety and health standards for all
places of employment engaging in
interstate commerce.
Established the Occupational Safety
and Health Administration (OSHA).
Responsible for:
Inspecting employers
Applying safety and health standards
Levying fines for violation
3-34

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 of employment
free from recognized
hazards that cause or
are likely to cause
death or serious
physical harm.

Specific Duties
Employers must keep
records of workrelated injuries and
illnesses.
Employers must post
and annual summary
of these records from
February 1 to April 30
in the following year.

3-35

Figure 3.6 OSHA Form

3-36

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.
3-37

Enforcement of the OSH Act

OSHA is responsible
for inspecting
businesses,
applying safety and
health standards,
and levying fines
for violations.
OSHA regulations
prohibit notifying
employers of
inspections in
advance.
3-38

Whats the priority?

Which of the following has FIRST
priority for inspection by OSHA
officials?
A.
B.
C.
D.

Catastrophes and fatal accidents

Employee complaints
High-hazard industries
Imminent danger

3-39

Figure 3.7:
Rates of Occupational Injuries and
Illnesses

3-40

Top 10 Causes of Workplace

Injuries

3-41

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 led to a past
accident.

3-42

Employer-Sponsored Safety and

Health Programs (continued)
Reinforcing Safe Practices

Promoting Safety
Internationally

Implementing a safety
incentive program to
reward workers for
their support of and
commitment to safety
goals.
Start by focusing on
monthly or quarterly
goals.
Encourage suggestions
for improving safety.

Cultural differences
make this difficult.
Laws, enforcement
practices, and political
climates vary from
country to country.
Companies may
operate in countries
where labor standards
are far less strict than
in the U.S.
3-43

Summary
Human resource management is regulated
by the three 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 EEO laws. It
investigates and resolves complaints,
gathers information, and issues guidelines.
3-44

Summary

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

(continued)

Vocational
Rehabilitation Act of
1973
Vietnam Era Veterans
Readjustment Act of
1974
Pregnancy
Discrimination Act of
1978
Americans with
Disabilities Act (1990)
3-45

Summary
Civil Rights Act (1991)
Uniformed Services
Employment and
Reemployment Act
(1994)
Constitutional
Amendments:
Thirteenth
Amendment
Fourteenth
Amendment

(continued)

Executive
Orders:
Executive Order
11246
Executive Order
11478

3-46

Summary

(continued)

The Office of Federal Contract Compliance

Procedures (OFCCP) is responsible for
enforcing executive orders that call for
affirmative action by companies that do
business with the federal government.
Employers can avoid discrimination by
avoiding disparate treatment of job
applicants and employees, as well as
policies that result in disparate impact.

3-47

Summary

(continued)

Affirmative action may correct past

discrimination, but quota-based activities can
result in charges of reverse discrimination.
To provide reasonable accommodation,
companies should recognize needs based on
individuals religion or disabilities.
Organizations can prevent sexual harassment
by developing a policy that defines and forbids
it, training employees to recognize and avoid
this behavior, and providing a means for
employees to complain and be protected.
3-48

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 designed to instill an emphasis on
safety.
3-49

Summary

(continued)

Employers may identify and communicate

hazards through the job hazard analysis
technique or the technic of operations
review.
Employers may also establish incentive
programs to reward safe behavior.

3-50