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LEGAL ENVIRONMENT of HRM PowerPoint PPT Presentation


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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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LEGAL ENVIRONMENT of HRM

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LEGAL ENVIRONMENTof HRM


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)


TITLE VII CRA (1991)

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


PROTECTED CLASSES

  • African Americans

  • Asian Americans

  • Hispanic Americans

  • Native Americans

  • Women


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.


Disparate Treatment

Direct discrimination

Unequal treatment

Intentional

Prejudiced actions

Different standards

Disparate Impact

Indirect

Unequal consequences

Unintentional

Neutral actions

Same standards

TYPES OF DISCRIMINATION


LITIGATING DISCRIMINATION

  • File with EEOC

  • Prima-facie evidence

  • Employer Response

  • Alternative Practice?

  • Ruling


PRIMA-FACIE EVIDENCE

  • Disparate Treatment

    • Member of protected class

    • Qualified for job

    • Not hired

    • Job remained open


PRIMA-FACIE EVIDENCE

  • Disparate Impact

    • Population comparison

    • Disproportionate numbers


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.


EMPLOYER'S RESPONSE

  • Job relatedness

  • BFOQ

  • Business necessity

  • Seniority system


LITIGATING DISCRIMINATION

  • File with EEOC

  • Prima-facie evidence

  • Employer Response

  • Alternative Practice?

  • Ruling


TITLE VII REMEDIES

  • Agreement to cease

  • Reversal of decision

  • Affirmative Action

  • Monetary

    • Back pay

    • Litigation costs

    • Punitive damages

    • Compensatory damages


ADEA (1967/1986)

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

  • Prohibits reference to age in job announcements


ADEA: PRIMA-FACIE EVIDENCE

  • At least 40 years old

  • Performing satisfactorily

  • Discharged

  • Position filled by younger person


ADEA: EXCEPTIONS

  • BFOQ

  • Good cause dismissal

  • Reasonable factor other than age

  • Special groups

    • highly paid executives

    • public safety positions


ADA (1990)

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


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


ADA IMPLICATIONS

  • Determine essential functions

  • Remove recruitment barriers

  • Treat applicants equally

  • Pre-employment medical exams

  • Allow applicant to identify self as disabled

  • Accommodation


EEO IMPLICATIONS

  • Costs

  • Validation

  • Battery of tools

  • Interview Carefully

  • Document Decisions


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