HR and the Law: Fairness and Safety

1. HR and the Law: Fairness and Safety Employment fairness Occupational Safety

2. Employment Legislation • Constitutional amendments • 13th Amendment: • 14th Amendment:

3. Employment Legislation Timeline • Congressional Legislation • CRA (1866 and 1871): • Equal Pay Act (1963): • CRA (1964), Title VII: • ADEA (1967): • Vocational Rehab Act (1973): • Veteran’s Readjustment Act (1974): • ADA (1990): • CRA (1991):

4. Equal Employment Opportunity Commission (EEOC) • Equal Employment Opportunity Commission responsible for enforcing most of the EEO laws • EEO investigates and resolves complaints about discrimination and issues guidelines.

5. Equal Employment Opportunity Commission (EEOC) • EEOC issues guidelines clarifying legal parameters for employment practices. • Uniform Guidelines on Employee Selection Procedures

6. Types of Charges Filed with the EEOC

7. Office of Federal Contract Compliance Procedures (OFCCP) • Enforces executive orders that cover organizations doing business with the federal government. • Under OFCCP, some businesses must have a written affirmative action plan on file. This plan must include: • Utilization analysis • Goals and timetables • Action steps

8. Terminology Clarification • Disparate Treatment vs. Adverse Impact • Table 3.3 • Affirmative Action vs. Valuing Diversity • BFOQ • 4/5ths Rule • Standard Deviation Rule

9. Disparate Treatment • Disparate treatment exists when individuals in similar situations are treated differently based upon race, color, religion, sex, national origin, age, or disability status. • Bona fideoccupational qualifications (BFOQ) - A characteristic that is necessary, rather than preferred, for a job. • McDonnell Douglas Corp v. Green

10. Disparate Impact • Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. • Four-fifths rule - a test has disparate impact if the hiring rate for the minority group is less than four-fifths (80 percent) of the hiring rate for the majority group. • Standard deviation rule - uses actual probability distributions to determine adverse impact. • Wards Cove Packing Co. v. Antonio • Griggs v. Duke Power

11. Types of Discrimination Reasonable Accommodation - yes - failure to be accommodated - job relatedness and business necessity - compensatory/ punitive - Walmart Disparate Treatment - yes - member of protected group - show BFOQ - reason a pretext - compensatory/ punitive - McDonnell Douglas v. Green Hopkins v. Price Waterhouse Disparate Impact - no - statistical disparity - show job relatedness - other ways exist - equitable relief - Griggs v. Duke Power Wards Cove v. Atonio - Show intent? - Prima facie case - Employer’s defense - Plaintiff’s rebuttal - Damages - Key litigation McGraw-Hill/Irwin

12. Accommodating Differences • Reasonable Accommodation • Undue Hardship • Accommodating • Disability (Table 3.5) • Religion (Figure 3.2) • Sexism vs. Sexual Harassment (Table 3.4, Figure 3.3)

13. Providing Reasonable Accommodation • Reasonable accommodation: employer’s obligation to do something to enable an otherwise qualified person to perform a job. • An accommodation is considered reasonable if it: • Does not present undue hardship such as expense that is large in relation to a company’s resources

14. Sexual Harassment • Sexual Harassment=unwanted sexual advances • The plaintiff cannot have "invited or incited" the advances • Harassment must have been severe • Court determines the liability of the organization for actions of its employees • Preventative steps for firms include • a policy statement • training in inappropriate behaviors • a reporting mechanism • disciplinary policy that is enforced McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.

15. Workplace Safety • The Occupational Safety and Health Act (OSH Act), 1970--most comprehensive U.S. law regarding worker safety. • Enforcement responsibilities divided between: • Department of Labor • Department of Health • Occupational Safety and Health Administration (OSHA) is responsible for: • Inspecting employers • Applying safety and health standards • Levying fines for violations • Conducting research (NIOSH)

16. Employee rights Request an inspection Have a representative present an inspection Have dangerous substances removed Be promptly informed Have violations posted OSHA inspection components: Compliance officer review Tour of the premises Employee interviews Closing conference Occupational Safety and Health Act (OSH Act)

17. Employees have a duty to report hazardous conditions. Many industrial accidents are due to unsafe behaviors, not unsafe working conditions. Law alone does not guarantee employees will be safe, so some employers go beyond the law. Occupational Safety and Health Act (OSH Act)

18. Reinforcing Safe Practices • To ensure safe behaviors, employers should define how to work safely AND reinforce desired behaviors. • Safety incentive programs. • Injuries can be prevented through: • Job analysis • Written policies • Safety training • Protective gear • Rewards and sanctions • Management support