MANAGİNG HOSPİTALİTY

HUMAN RESOURCES

Lector: TetianaBotsian

Lecture 1. Employment Lawsand Applications

MANAGİNG HOSPİTALİTY

HUMAN RESOURCES

1. Employment Laws, Planning and Staffing

MANAGİNG HOSPİTALİTY

HUMAN RESOURCES

2. Human Resources Development

MANAGİNG HOSPİTALİTY

HUMAN RESOURCES

3. Compensation andLabor Issues

MANAGİNG HOSPİTALİTY

HUMAN RESOURCES

4. Safety, Discipline and

Ethics

Lecture 1. Employment Laws

and Applications

1. Discrimination and equal

employment

2. Employment Laws

3. Areas of abuse in hospitality

operations

4. Issues in social context

1. Discrimination and equal employment

The Civil Rights Act of 1964, which prohibits

discrimination on the basis of race, color, religion, sex or

national origin, became the cornerstone of the change.

Title VII of it ensure Fair employment standards

Equal employment opportunity

(EEO)

Discrimination

Legal Illegal

Equal employment opportunity Commission

(EEOC)

established in 1964

to create and monitor employment standards

1. Oversees administration of existing EEO laws and

regulations

2. Issues guidelines (interpretations of the statute written by Congress)

3. Gathers information (EEO-1reports from companies with more

then 100 employees ) for statistics

4. National call center

Google (Jan 2014)

http://newclassic.jp/16106

http://newclassic.jp/16106

Facebook (Jan 2014)

Department of Labor

(DOL)

established in 1964

to interpreting the Fair Labor Standards Act (FLSA)

14 and 15-years-olds are allowed to perform kitchen work

and serving food and beverages

Equal employment opportunity (EEO) protect the rights of

groups and class

(race, color, religion, sex or national origin)

Affirmative action represent the obligation to hire members

of protected groups to overcome past discriminatory practices

(for employers holding federal or state contracts).

It is not rigid quota. In 1978 reverse discrimination was

overturned (Regents of the University of California v. Bakke,

438 U.S. 265 (1978))

16 out of 100 seats set aside for minority students by

the University of California

Equal employment opportunity VS Affirmative Action

PRO and CONTRA

EEO legislation structure

Personal policies Unequal treatment Effect of past discrimination Adverse impact

2. Employment Laws

Evolution of EEO legislation Equal Pay Act of 1963 (same rate of pay) Title VII of the Civil Rights Act of 1964

(prohibits unfair employment discrimination based

on race, color, sex, religion, and national origin)

2. Employment Laws

Adverse impact means

Adverse impact refers to employment practices that appear neutral

but have a discriminatory effect on a protected group.

A substantially different rate of selection in employment decisions that

adversely affects a protected group

Adverse impact meansSelection Criteria

Scored tests – 4/5 or 80% rule

Nonscored objective criteria - Griggs v. Duke Power Co., 401 U.S. 424 (1971)

http://www.hr-

software.net/EmploymentStatistics/DisparateImpact.htm

Disparate Impact Analysis

Applicants

White 80 Black 40

Hires

White 48 Black 12

Selection Rate

White 48/80 =.6 (60%)

Black 12/40 = .3 (30%)

Impact Ratio .3/.6 = .5 (50%)

The impact ratio (.5) is less than .8 which is evidence that, based on the

4/5ths rule, there is adverse impact.

http://www.oldskoolcafe.org/about

-us

Our vision is to establish a youth led Supper Club that

will employ youth in every areas of the business as

youth apprentices.

Internship opportunities (restaurant, office work, marketing and more)

If you are between the ages of 16-22 years old and live in San

Francisco, please fill out this form below

Evolution of EEO legislation Age Discrimination in Employment Act

of 1967 (prohibits discrimination against

people over 40 years old)

Vocational Rehabilitation Act of 1973 (require to employ individuals with disabilities and to

make “reasonable accommodations”) +Americans with Disabilities Act 1992

(1of every 5 persons)

Disabilities are qualified if they canperform the essential functions of thejob with or without reasonable

accommodation

http://www.greenhotelier.org/our-

news/industry-news/hilton-hotel-pilots-

employment-scheme-for-people-with-

learning-disabilities/

Evolution of EEO legislation

Vietnam Veterans Readjustment Act of 1974

Pregnancy Discrimination Act of 1978 (prohibits from refusing to hire pregnant applicants)

Evolution of EEO legislation Retirement Equity Act of 1984 (count all

services since the age of 18 and all earnings since age of 21) Immigration Reform and Control Act of

1986 (prohibit discrimination against aliens, 31% of illigal

immigrants are in hospitality industry) Employee Polygraph Protection Act of

1988 Drug-Free Workplace Act of 1988 (its popular

in hospitality industry)

The civil Rights Act of 1991 (employees are not

able to sue for damage)

Family and Medical Leave Act of 1993 (offers 12 weeks of unpaid but job-protected leave during 12

month period)

Why?????

3. Areas of abuse in hospitality

operations

Recruitment and Selection Age discrimination Reverse discrimination Employee benefit and Sex discrimination Religious discrimination Recruitment advertising Wrongful discharge

4. Issues in social context

Women do “pink-collar jobs” Overtime work Impact of Unethical Business and family

ties Aging work force Employment Practices Liability Insurance Continuing Education Avoid Lawsuits

Thanks

for your attention