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LEGAL ENVIRONMENT of HRM. MAJOR EEO LAWS. Equal Pay Act (1963) Title VII, Civil Rights Act (1964/1991) Pregnancy discrimination Act (1978) ADE A (1967/1986) Immigration Reform/Control Act (1986) ADA (1990/ADA Amendments Act 2008) Executive Order 11246 FMLA (1993). TITLE VII CRA (1991).

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MAJOR EEO LAWS

  • Equal Pay Act (1963)

  • Title VII, Civil Rights Act(1964/1991)

    • Pregnancy discrimination Act (1978)

  • ADEA(1967/1986)

  • Immigration Reform/Control Act (1986)

  • ADA(1990/ADA Amendments Act 2008)

  • Executive Order 11246

  • FMLA (1993)


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TITLE VII CRA (1991)

Prohibits discrimination in any employment-related decision on the basis of race, color, religion, sex, or national origin.


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PROTECTED CLASSES

  • African Americans

  • Asian Americans

  • Hispanic Americans

  • Native Americans

  • Women


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TYPES OF DISCRIMINATION

  • Disparate Treatment

    • Individuals are treated differently because of their membership in a protected class.

  • Disparate Impact

    • Equal application of an employment standard has an unequal effect.


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Disparate Treatment

Direct discrimination

Unequal treatment

Intentional

Prejudiced actions

Different standards

Disparate Impact

Indirect

Unequal consequences

Unintentional

Neutral actions

Same standards

TYPES OF DISCRIMINATION


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LITIGATING DISCRIMINATION

  • File with EEOC

  • Prima-facie evidence

  • Employer Response

  • Alternative Practice?

  • Ruling


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PRIMA-FACIE EVIDENCE

  • Disparate Treatment

    • Member of protected class

    • Qualified for job

    • Not hired

    • Job remained open


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PRIMA-FACIE EVIDENCE

  • Disparate Impact

    • Population comparison

    • Disproportionate numbers


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FOUR-FIFTHS RULE

  • A practice has adverse impact if the hiring rate of a protected class is less than four-fifths of the hiring rate of the group with the highest rate.


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EMPLOYER'S RESPONSE

  • Job relatedness

  • BFOQ

  • Business necessity

  • Seniority system


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LITIGATING DISCRIMINATION

  • File with EEOC

  • Prima-facie evidence

  • Employer Response

  • Alternative Practice?

  • Ruling


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TITLE VII REMEDIES

  • Agreement to cease

  • Reversal of decision

  • Affirmative Action

  • Monetary

    • Back pay

    • Litigation costs

    • Punitive damages

    • Compensatory damages


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ADEA (1967/1986)

  • Prohibits discrimination in employment against people who are 40 or older.

  • Prohibits reference to age in job announcements


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ADEA: PRIMA-FACIE EVIDENCE

  • At least 40 years old

  • Performing satisfactorily

  • Discharged

  • Position filled by younger person


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ADEA: EXCEPTIONS

  • BFOQ

  • Good cause dismissal

  • Reasonable factor other than age

  • Special groups

    • highly paid executives

    • public safety positions


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ADA (1990)

  • Prohibits discrimination against individuals with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation.


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COMPONENTS OF ADA

  • Individuals with disabilities:

    • Persons who have a physical or mental impairment that substantially affects one or more major life functions.

  • Essential Functions

    • Primary job duties intrinsic to the job.

  • Reasonable Accommodation


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ADA IMPLICATIONS

  • Determine essential functions

  • Remove recruitment barriers

  • Treat applicants equally

  • Pre-employment medical exams

  • Allow applicant to identify self as disabled

  • Accommodation


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EEO IMPLICATIONS

  • Costs

  • Validation

  • Battery of tools

  • Interview Carefully

  • Document Decisions


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