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Legal Implications of HR. BMA 360 Session 3. Human Resource Management. Interpret & analyze how HRM policies & practices support the entire organization. Explain the importance of the person-job-organization match and how it can be established.

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legal implications of hr

Legal Implications of HR

BMA 360

Session 3

slide2

Human Resource Management

Interpret & analyze how HRM policies & practices support the entire organization

Explain the importance of the person-job-organization match and how it can be established

Identify & explain HR policies & practices that motivate workers

Discuss avenues to maintain strong employment relationships

Legal, ethical & bottom-line foundations of HR policies

Contemporary environmental issues affecting HR

The financial impact of HR policies & practices

The legal context within which HR operates

legislation affecting hr
CRA 1964: Title VII

Other CRAs

ADEA

Older Worker Protection Act

FMLA

EPA

Executive Orders

Rehabilitation Act of 1973

ADA

Vietnam Era Veterans Readjustment Act

Pregnancy Discrimination Act

FLSA

ERISA

COBRA

HIPAA

OSHA

WARN

IRCA

USERRA

State and local statutes

Legislation Affecting HR
civil rights act of 1964 what is discrimination
Civil Rights Act of 1964: What Is Discrimination?
  • Disparate treatment discrimination
    • “Discrimination is using race, color, religion, sex or national origin as a basis for treating people unequally”
civil rights act of 1964 what is discrimination1
Civil Rights Act of 1964: What Is Discrimination?
  • Disparate impact discrimination
    • “Discrimination is any practice without business justification that has unequal consequences for people of different race, sex, religion, color or national origin without actually using any of those classifications as a basis for treating people unequally.”
civil rights act of 1964 griggs v duke power
Civil Rights Act of 1964:Griggs v. Duke Power
  • Duke Power used two neutral, “color-blind” criteria
  • Court found:
    • Practices that create disparate impact are illegal
    • Except when justified by
      • Business necessity
      • Job relatedness
civil rights act of 1964 eeoc uniform guidelines
Civil Rights Act of 1964:EEOC Uniform Guidelines
  • Definition of “test”
  • Job relatedness
  • “Test” validity
  • Does this mean we can’t give applicants tests?
civil rights act of 1964 sex discrimination
Civil Rights Act of 1964:Sex Discrimination
  • BFOQ: Bona fide occupational qualification
  • Diaz v. Pan American Airways
    • Court found:
      • BFOQ justified only under very limited circumstances
civil rights act of 1964 sexual harassment
Civil Rights Act of 1964:Sexual Harassment
  • Barnes v. Costle
    • “But for her womanhood”
  • Meritor v. Vinson
    • Quid-pro-quo
    • Hostile environment
  • Pennsylvania State Police v. Suders
    • Grievance procedures critical
civil rights act of 1964 sexual harassment1
Civil Rights Act of 1964:Sexual Harassment
  • Burlington Industries v. Ellerth
  • Faragher v. City of Boca Raton
  • Pennsylvania State Police v. Suders
    • Importance of making reasonable efforts to prevent harassment
    • Grievance procedures critical
civil rights act of 1964 sexual harassment prescription
Civil Rights Act of 1964:Sexual Harassment: Prescription
  • Sexual harassment not tolerated
  • Written grievance policy
  • Thoroughly communicated
civil rights act of 1964 sexual harassment prescription1
Civil Rights Act of 1964:Sexual Harassment: Prescription
  • Investigation
  • Manager training
  • Follow-up
affirmative action
Affirmative Action
  • Three reasons employers for affirmative action plans
    • Government contractor
    • Court ordered
    • Voluntary
what is affirmative action
What is Affirmative Action?
  • Workforce analysis
  • Availability analysis
  • Reconcile by setting goals and timetables
  • Plan action steps
  • Implement
  • Monitor
affirmative action preferential treatment
Affirmative Action:Preferential Treatment
  • McDonald v. Santa Fe Trail Corp.
    • Obligation not to discriminate against whites
  • Weber v. Kaiser Aluminum & Chemical Corp.
    • Collaboration between union & employer
affirmative action preferential treatment1
Affirmative Action:Preferential Treatment
  • Consensus of courts
    • Allowable in involuntary plans
    • Must be
      • Remedial
      • Not exclude all non-minorities
      • Temporary
      • Formalized
affirmative action preferential treatment2
Affirmative Action:Preferential Treatment
  • Gratz v. Bollinger
    • Undergraduate admissions used mechanistic point system
    • “Disguised quota system”
  • Grutter V. Bollinger
    • Law school admissions used portfolio approach
    • Goal was to acquire a “critical mass” of minority students
americans with disabilities act
Americans with Disabilities Act
  • Prohibits discrimination against “qualified individuals with disabilities”
    • Reasonable accommodation
    • Essential job functions
    • Undue hardship
    • Mitigating measures
age discrimination in employment act
Age Discrimination in Employment Act
  • Protects all workers 40 or over
  • Outlaws discrimination or mandatory retirement
  • Waivers for early retirement
civil rights act of 1991
Civil Rights Act of 1991
  • Expands remedies
    • Can include punitive & compensatory damages
    • Can request jury trial
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