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MGT 430 – Spring 2016Class 3 - Chapter 3

Providing Equal Employment Opportunity and a Safe Workplace

T LAWS

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Declaration of Independence

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with

certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…”

EEO: Constitutional Amendments

• Abolished slavery and involuntary servitude in the United States, except as punishment for a crime.

• Forbids states from taking life, liberty, or property without due process of law.

• Prevents states from denying equal protection of discrimination.

• Applies to decisions or actions of government or private groups.

13th Amendment (adopted 1865)(Johnson)

14th Amendment (adopted 1868)(Grant)

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15th AMENDMENTAdopted 1870 (Grant)

Prohibits the federal and state governments from denying acitizen the right to vote based on that citizen's “race, color, orprevious condition of servitude".

The last of the Reconstruction Amendments

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OTHER AMENDMENTS RELATIVE TO HRM

• 19TH (1920) - Establishes women’s suffrage right to vote• 24th (1964) - Prohibits the revocation of voting rights due to the

non-payment of poll taxes• 26th (1971) - Establishes the official voting age to be 18 years old• 27th Amendment (Trivia) – Submitted to the states for ratification

1789 – ratified 1992 “No Congressional pay raises until an election has passed”

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Some RelevantSupreme Court Decisions

• Dred Scott v. Sanford – 1857 (Buchanan)

Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Constitution

• Plessy v. Ferguson – 1896 (Cleveland)

Upheld the constitutionality of state laws allowing racial segregation in public facilities under the doctrine of separate but equal".

• Brown v. Board of Education – 1954 (Eisenhower)

Declared state laws establishing separate public schools for black and white students to be unconstitutional

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EEO Legislation

Civil Rights Act of 1866 (Johnson)

Granted all persons the same rights as white citizens, as well as the right to enter into and enforce contracts

Civil Rights Act of 1871 (Grant)

Granted all citizens the right to sue in federal court if they feel that they have been denied a civil right.

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Civil Rights Act of 1964 (Johnson)

The Granddaddy of Them All

• Outlaws major forms of discrimination against racial, ethnic, national and religious minorities, and women.

• It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as "public accommodations").

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Civil Rights Act of 1964

• Title I: Bars unequal application of voter registration requirements.

• Title II: Outlaws discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private".

• Title III: Prohibits state and municipal governments from denying access to public facilities on grounds of race, color, religion or national origin.

• Title IV: Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce said act.

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Civil Right Act of 1964

• Title V: Expanded the Civil Rights Commission established by the earlier Civil Rights Act of 1957 with additional powers, rules and procedures.

(NB: The Civil Rights Act of 1957 was Congress's show of support for the Supreme Court's Brown decisions)

• Title VI: Prevents discrimination by government agencies that receive federal funds. If an agency is found in violation of Title VI, that agency may lose its federal funding.

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Civil Rights Act of 1964 - TITLE VIIThe Granddaddy of them all

• Prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin.

• Applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year“

• Also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another, such as by an interracialmarriage.

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Civil Rights Act of 1991 – G.H.W. Bush

• Clarifies burden of proof in disparate impact cases• Addresses rights of U.S. employees working abroad• Prohibits race norming• Eliminates use of mixed-motive defense in disparate

treatment cases• Allows jury trials and damage awards

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Protected Classification

• Demographic characteristic that cannot be used for employment decisions: Race, sex, religion, color, national origin, age, disability, veteran status, pregnancy, genetic information

• Some laws specify which group is protected within a classification, others do not

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Bona Fide Occupational Qualification (BFOQ)

• Protected classification can legally be used to make employment decision

• Business necessity required to use protected classification for employment decision

• Business necessity – when employment practice is essential to firm’s survival

• Examples– Locker room attendant; clothing models; actors

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Disparate Treatment• Treating individual differently in employment situation

because of membership in protected classification.• Age Color Creed Disability• National origin Race Religion• Sex/gender

• NOTE: sexual orientation is NOT protected (yet)

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Disparate Impact(also Adverse Impact)

• Employment practice results in members of protected class being treated less favorably than members of protected class even though discrimination was not intentional

• When a neutral practice has an unjustified adverse impact on members of a protected class.

• Examples:Written tests, height and weight requirements, educational requirements, and subjective procedures, such as interviews.

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Disparate Impact Acceptable Defenses

Job RelatedBusiness necessityBona Fide seniority system

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Regulation of HRM

LEGISLATIVE BRANCH

• Enacts laws governing HR activities.

EXECUTIVE BRANCH

• Responsible for enforcing the laws.

• Includes the regulatory agencies that the president oversees.

JUDICIAL BRANCH

• Interprets the law.

• The Supreme Court is the court of final appeal.

• Its decisions are binding.

Equal Employment Opportunity (EEO)

•Equal employment opportunity (EEO)– condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, sexual orientation, or national origin.

Federal government’s efforts in this area include:

constitutional amendments

Legislationexecutive orderscourt decisions

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ENFORCEMENT AGENCIES

EEOC – Equal Employment Opportunity Commission

OFCCP – Office of Federal Contract Compliance Programs

Executive Orders

Courts

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Equal Employment Opportunity CommissionE.E.O.C.

• Responsible for enforcing most of EEO laws.• Investigates and resolves complaints about

discrimination• Gathers information• Issues guidelines• Monitors organizations’ hiring practices

• Complaints must be filed within 180 days of incident.

• EEOC has 60 days to investigate complaint.

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Office of Federal Contract Compliance Procedures (OFCCP)

• Responsible for enforcing executive orders that cover companies doing business with federal government.

• Audits government contractors to ensure they are actively pursuing goals in their affirmative action plans.

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Executive Orders

• The President of the United States is the CEO of the federal government.

• As the CEO he can issue executive orders to help officers andagencies of the executive branch manage the operations within the federal government itself.

• Executive orders have the full force of law when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Acts of Congress

that explicitly delegate to the President some degree of discretionary power

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HRM examples of Executive Orders

#10988 (Kennedy - 1962) – Established collective bargaining rights for federal employees;

#11246 (Johnson - 1965) – Prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex or national origin – must also engage in affirmative action

#11478 (Nixon - 1969) – requires the federal government to base all its employment policies on merit and fitness – and not on race, color, sex, national origin or religion

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IMPORTANT LABOR LAWS

1963 – Equal Pay Act1967 - Age Discrimination in Employment Act1971 – Occupational Safety & Health Act1974 – Vietnam Era Veterans Readjustment Act1974 – Employee Retirement Income Security Act1978 – Pregnancy Discrimination Act1990 – Americans With Disabilities Act

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IMPORTANT LABOR LAWS1993 – Family Medical Leave Act1996 – Health Insurance Portability and

Accountability Act (HIPAA)1986 – Consolidated Omnibus Budget

Reconciliation Act (COBRA)1994 - Uniformed Services Employment and Reemployment Act

(USERRA)1996 - Immigration Reform and Control Act2009 – Lilly Ledbetter Fair Pay Act

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END OF CLASS 3