Chapter 3 Providing Equal Employment Opportunity and a Safe Workplace

Chapter 3

Providing Equal Employment Opportunity and a Safe Workplace

MGMT 422 - Chapter 3

EEO EEO (Equal Employment Opportunity) –

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

This “condition” is created through:– Constitutional amendments– Legislation– Executive orders


Constitutional Amendments Thirteenth Amendment

– Abolished Slavery

– Covers all individuals

– Enforced by courts

Fourteenth Amendment– Provides equal protection for all citizens and

requires due process in state action

– Covers state actions

– Enforced by courts


Legislation Civil Rights Act 1866 – granted all

persons the same property and contract rights

Civil Rights Act 1871 – granted all citizens the right to sue the federal government for deprivation of civil rights

Used as the basis for recovering compensatory and punitive damages


Legislation Civil Rights Act 1964 – Title VII

– Prohibits employers from discriminating based on race, color, religion, sex, or national origin

– Applies to ….• Organizations with 15 or more employees working 20 +

weeks a year • State & local governments, employment agencies or

labor organizations

– Pregnancy Discrimination Act 1978 prohibits discrimination based on pregnancy and childbirth


Legislation Civil Rights Act 1991 – allowed for victims of

intentional discrimination to be awarded compensatory and punitive damages


Legislation Equal Pay Act 1963

– Requires that men and women performing equal jobs receive equal pay

– Equal defined in terms of skill, effort, responsibility and working conditions

Age Discrimination in Employment Act (ADEA) 1967– Outlaws discrimination in employment decisions

based on a person’s age being over 40– Intent to discriminate not required


Legislation Vocational Rehabilitation Act 1973

– Affirmative action for individuals with disabilities

– Covers organizations receiving > $25,000 annually from the government

Vietnam Era Veteran’s Readjustment Act 1974– Affirmative action toward employing

Vietnam War veterans


Legislation Americans with Disabilities Act

(ADA) 1990 – A physical or mental impairment that

substantially limits one or more major life activities,

– A record of having such an impairment, or – Being regarded as having such an

impairment


Disabilities Associated with Complaints Filed under ADA


Executive Orders Executive order 11246

– Prohibits federal contractors from discriminating based on race, color, religion, sex, or national origin

– Requires affirmative action for firms receiving > $10,000 and a written plan for firms receiving > $50,000

Executive order 11478 – Federal government cannot discriminate


Government’s Role in EEO Equal Employment

Opportunity Commission (EEOC)– Created by CRA 1964– Enforces most EEO

laws– Receives and

investigates complaints

– Issues guidelines

Office of Federal Contract Compliance– Enforces executive

orders – Affirmative action

plans• Utilization analysis• Goals and timetables• Action steps


Avoiding Discrimination Disparate treatment Bono Fide Occupational

Qualification (BFOQ) Disparate impact EEO Policy Affirmative action Reverse discrimination


Providing Reasonable Accommodations under ADA


Sexual Harassment Refers to unwelcome sexual advances

– Quid pro quo– Hostile environment

Applies to same-sex harassment, male to female, and female to male

Prevention– Develop explicit policy– Training– Prompt discipline when necessary


Occupational Safety and Health Occupational Safety and Health Act

(OSH Act)– Established and provided enforcement of

occupational safety and health standards Occupational Safety and Health

Administration (OSHA)– Inspects employers– Applies safety and health standards– Levies fines for violation


Occupational Safety and Health General Duty Clause

– Employer must provide an employee with a safe place of employment

Enforcement– Checks records– Takes a tour– Employee interviews– Discusses findings, notes violations


Occupational Safety and Health Employee Rights

– Request and have representation at inspections

– Right-to-know laws– Material safety data sheets– Have employer violations posted

Employee Responsibilities– Follow OSHA safety rules and regulations– Report hazardous conditions


Rates of Occupational Injuries and Illnesses


Reinforcing Safe Practices To encourage safe behaviors employers

should:– Define how to work safely– Reinforce the desired behavior

Injury prevention– Job analysis– Written policies– Safety training– Protective gear– Rewards and sanctions

Documents

Chapter 3 Providing Equal Employment Opportunity and a Safe Workplace