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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?
3-2
What Do I Need to Know? (continued)
3-3
What Do I Need to Know? (continued)
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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
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Regulation of Human Resource
Management
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Equal Employment Opportunity (EEO)
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Table 3.1:
Summary of Major
EEO Laws and
Regulations
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EEO: Constitutional Amendments
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EEO: Legislation
Civil Rights Acts (1866 & 1871) Equal Pay Act (1963)
• The Civil Rights Act of 1866 • Men and women in an
granted all persons the organization doing the same
same property rights as work must be paid equally.
white citizens. • Equal is defined in terms of
• The Civil Rights Act of 1871 skill, effort, responsibility,
granted all citizens the right and working conditions.
to sue in federal court if
they feel they have been
deprived of some civil right.
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EEO: Legislation (continued)
Age Discrimination in
Title VII Civil Rights Act (1964) Employment Act (ADEA)
• Prohibits employers from • Prohibits discrimination
discriminating based on: against workers who are
– Race over the age of 40.
– Color • Age discrimination
– Religion complaints make up a large
– Sex percentage of the
– National origin complaints filed with the
• Applies to organizations Equal Employment
that employ 15 or more Opportunity Commission
persons. (EEOC).
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Test Your Knowledge
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EEO: Legislation (continued)
Vocational Rehabilitation Act Vietnam Era Veteran’s
(1973) Readjustment Act (1974)
• Covered organizations must • Requires federal contractors
engage in affirmative action and subcontractors to take
for individuals with affirmative action toward
disabilities. employing veterans of the
• Employers are encouraged Vietnam War.
to recruit qualified • It covers veterans who
individuals with disabilities served between August 5,
and to make reasonable 1964 and May 7, 1975.
accommodations to them.
3-14
EEO: Legislation (continued)
Pregnancy Discrimination Act Americans with Disabilities Act
(1978) (ADA) of 1990
• Defines discrimination on the • Protects individuals with
basis of pregnancy, childbirth, disabilities from being
or related form of medical discriminated against in the
condition to be a form of illegal workplace.
sex discrimination. • Prohibits discrimination
• Benefits, including health based on disability in all
insurance, should cover employment practices.
pregnancy and related medical • Employers must take steps
conditions in the same way as to accommodate individuals
other medical conditions. 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)
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Table 3.2: Maximum Punitive Damages
Allowed Under the Civil Rights Act of 1991
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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 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
3-19
EEO: Legislation (continued)
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The Government’s Role in Providing For EEO:
Equal Employment Opportunity Commission (EEOC)
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Figure 3.3:
Types of Charges Filed with the EEOC
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The Government’s Role in Providing For EEO: Office
of Federal Contract Compliance Procedures (OFCCP)
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Bona Fide Occupational
Disparate Treatment Qualification (BFOQ)
• Differing treatment of • A necessary (not merely
individuals based on the preferred) qualification for
individuals’ race, color, performing a job.
religion, sex, national origin, • The Supreme Court has
age, or disability status. ruled that BFOQ’s are
limited to policies directly
related to a worker’s ability
to do the job.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination (continued)
Disparate Impact Four-Fifths Rule
• A condition in which • Rule of thumb that finds
employment practices are evidence of discrimination if
seemingly neutral yet an organization’s hiring rate
disproportionately exclude for a minority group is less
a protected group from than four-fifths the hiring
employment opportunities. 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 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.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination (continued)
• Reasonable Accommodation: An employer’s
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.
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Figure 3.5: Examples of Reasonable
Accommodation under the ADA
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• Regina Genwright talks
to a voice-activated
copier at the American
Foundation for the
Blind. The copier has a
Braille keyboard and
wheelchair-accessible
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 individual’s
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 individual’s work performance or
creating an intimidating, hostile, or offensive working
environment.
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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
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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.
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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
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Workplace Safety: Occupational Safety and
Health Act (OSH Act) (continued)
General Duty Clause Specific Duties
• Each employer has a • Employers must keep
general duty to furnish each records of work-related
employee a place of injuries and illnesses.
employment free from • Employers must post and
recognized hazards that annual summary of these
cause or are likely to cause records from February 1 to
death or serious physical April 30 in the following
harm. year.
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Figure 3.6 OSHA Form
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Employee Rights Under the OSH Act
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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.
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What’s the priority?
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Figure 3.7:
Rates of Occupational Injuries and Illnesses
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Top 10 Causes of Workplace Injuries
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Employer-Sponsored Safety and Health Programs:
Identifying and Communicating Job Hazards
3-42
Employer-Sponsored Safety and Health
Programs (continued)
Reinforcing Safe Practices Promoting Safety Internationally
• Implementing a safety • Cultural differences make
incentive program to this difficult.
reward workers for their • Laws, enforcement
support of and commitment practices, and political
to safety goals. climates vary from country
• Start by focusing on to country.
monthly or quarterly goals. • Companies may operate in
• Encourage suggestions for countries where labor
improving safety. standards are far less strict
than in the U.S.
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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.
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Summary (continued)
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Summary (continued)
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Summary (continued)
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Summary (continued)
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Summary (continued)
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