providing eeo and safe workplace

8/2/2019 Providing EEO and Safe Workplace

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3-2

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.


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3-3

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.


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3-4

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 safetyand health.


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3-5

Test Your Knowledge

Three branches of U.S. government play a rolein the legal environment of HRM.

The executive branch _________; the

legislative branch ________; and the judicialbranch _________.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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3-6

Regulation of Human Resource

Management

LEGISLATIVE

BRANCH

Has enacted anumber of lawsgoverning HRactivities.

EXECUTIVE

BRANCH

Responsible forenforcing thelaws.

Includes theregulatoryagencies thatthe presidentoversees.

JUDICIAL

BRANCH

Interprets thelaw.

The SupremeCourt is thecourt of finalappeal.

Its decisions arebinding.


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Table 3.1:

Summary of Major

EEO Laws and

Regulations


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EEO: Constitutional Amendments

Thirteenth Amendment

Abolished slavery in the

United States.

Has been applied in caseswhere discrimination

involved the symbols and

incidents of slavery.

Fourteenth Amendment

Forbids the states from

taking life, liberty, or

property without dueprocess of law.

Prevents the states from

denying equal protection of

discrimination.

Applies to the decisions or

actions of the government

or private groups.


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EEO: Legislation

Civil Rights Acts (1866 & 1871)

The Civil Rights Act of 1866

granted all persons the

same property rights aswhite citizens.

The Civil Rights Act of 1871

granted all citizens the right

to sue in federal court ifthey 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.

Equalis defined in terms of

skill, effort, responsibility,

and working conditions.


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EEO: Legislation (continued)

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.

Age Discrimination inEmployment 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).


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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 receivedD. A group of older workers claim they were laid-off

disproportionately in comparison to younger workers.

E. Both A & C


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Figure 3.1: Age Discrimination Complaints,

1991 - 2006


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Vocational Rehabilitation Act(1973)

Covered organizations mustengage in affirmative action

for individuals withdisabilities.

Employers are encouragedto recruit qualifiedindividuals with disabilities

and to make reasonableaccommodations to them.

Vietnam Era VeteransReadjustment Act (1974)

Requires federal contractors

and subcontractors to take

affirmative action towardemploying veterans of the

Vietnam War.

It covers veterans who

served between August 5,

1964 and May 7, 1975.


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Pregnancy Discrimination Act(1978)

Defines discrimination on the

basis of pregnancy, childbirth,

or related form of medicalcondition to be a form of illegal

sex discrimination.

Benefits, including health

insurance, should coverpregnancy and related medical

conditions in the same way as

other medical conditions.

Americans with Disabilities Act(ADA) of 1990

Protects individuals with

disabilities from being

discriminated against in theworkplace.

Prohibits discrimination

based on disability in all

employment practices.

Employers must take steps

to accommodate individuals

covered by the act.


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Figure 3.2: Disabilities Associated with

Complaints Filed under ADA


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Civil Rights Act (1991)

Adds compensatory and

punitive damages in cases

of discrimination under TitleVII and the ADA.

The amount of punitive

damages is limited by the

act and depends on the sizeof the organization charged

with discrimination.

Uniformed Services Employment& Reemployment Rights Act

Employers must reemploy

workers who left jobs to

fulfill military duties for upto five years.

Should be in the job they

would have held if they had

not left to serve in themilitary.


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Table 3.2: Maximum Punitive DamagesAllowed Under the Civil Rights Act of 1991


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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.


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Figure 3.3:

Types of Charges Filed with the EEOC


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The Governments Role in Providing For EEO: Officeof 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.


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Businesses Role in Providing for EEO:

Avoiding Discrimination

Disparate Treatment

Differing treatment of

individuals based on the

individuals race, color,religion, sex, national origin,

age, or disability status.

Bona Fide OccupationalQualification (BFOQ)

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.


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Avoiding Discrimination(continued)

Disparate Impact

A condition in which

employment practices are

seemingly neutral yetdisproportionately exclude

a protected group from

employment opportunities.

Four-Fifths Rule

Rule of thumb that finds

evidence of discrimination if

an organizations hiring ratefor a minority group is less

than four-fifths the hiring

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 ifthey have child-care needs.

Hiring only men to model male underwear is legal.

If a company unintentionally hires adisproportionate number of non-minorities, theycan be held liable for discrimination.

Organizations can screen candidates using a testthat reliably predicts on-the-job performance.


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Reasonable Accommodation: An employersobligation to do something to enable anotherwise qualified person to perform a job.

Companies should recognize needs based onindividuals religion or disabilities.

Employers may need to make suchaccommodations as adjusting work schedules or

dress codes, making the workplace moreaccessible, or restructuring jobs.


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Figure 3.5: Examples of Reasonable

Accommodation under the ADA


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Sexual Harassment: refers to unwelcome sexualadvances, requests for sexual favors, and otherverbal or physical contact of a sexual nature when:

1. Submission to such conduct is made explicitly or implicitly aterm of condition of an individuals employment,

2. Submission to or rejection of such conduct by an individual isused as the basis for employment decisions affecting suchindividual, or

3. Such conduct has the purpose of effect of unreasonablyinterfering with an individuals work performance or creating anintimidating, hostile, or offensive working environment.


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Organizations can prevent sexual harassmentby:

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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Workplace Safety: Occupational Safety and

Health Act (OSH Act)

Authorizes the federal government to establishand enforce occupational safety and healthstandards for all places of employmentengaging in interstate commerce.

Established the Occupational Safety and HealthAdministration (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

Each employer has a

general duty to furnish each

employee a place ofemployment free from

recognized hazards that

cause or are likely to cause

death or serious physical

harm.

Specific Duties

Employers must keep

records of work-related

injuries and illnesses. Employers must post and

annual summary of these

records from February 1 to

April 30 in the following

year.


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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.


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Enforcement of the OSH Act

OSHA is responsible forinspecting businesses,applying safety andhealth standards, and

levying fines forviolations.

OSHA regulationsprohibit notifying

employers ofinspections in advance.


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Whats the priority?

Which of the following has FIRST priority for

inspection by OSHA officials?

A. Catastrophes and fatal accidents

B. Employee complaints

C. High-hazard industries

D. Imminent danger


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Figure 3.7:

Rates of

Occupational

Injuries andIllnesses


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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 ledto a past accident.


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Employer-Sponsored Safety and HealthPrograms (continued)

Reinforcing Safe Practices

Implementing a safety

incentive program to

reward workers for theirsupport of and commitment

to safety goals.

Start by focusing on

monthly or quarterly goals.

Encourage suggestions for

improving safety.

Promoting Safety Internationally

Cultural differences make

this difficult.

Laws, enforcementpractices, and political

climates vary from country

to country.

Companies may operate incountries where labor

standards are far less strict

than in the U.S.


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Summary

Human resource management is regulated by thethree 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 EEOlaws. It investigates and resolves complaints, gathersinformation, and issues guidelines.


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Summary (continued)

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

Vocational Rehabilitation

Act of 1973

Vietnam Era Veterans

Readjustment Act of 1974

Pregnancy Discrimination

Act of 1978

Americans with

Disabilities Act (1990)


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Summary (continued)

Civil Rights Act (1991)

Uniformed Services

Employment and

Reemployment Act(1994)

Constitutional

Amendments:

Thirteenth Amendment

Fourteenth Amendment

Executive Orders:

Executive Order 11246

Executive Order 11478


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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 designedto instill an emphasis on safety.


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Summary (continued)

Employers may identify and communicate hazards

through thejob hazard analysis technique or the

technic of operations review.

Employers may also establish incentive programs toreward safe behavior.

providing eeo and safe workplace

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