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CHAPTER 16. Employee Rights: Working Toward Mutual Respect. Chapter 16 Objectives. Identify and discuss federal employment laws concerning discrimination, fair wages, and family and medical leave. Understand the origins of the labor movement and what federal rights workers have to organize.

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Employee Rights: Working Toward Mutual Respect

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Chapter 16 Objectives

  • Identify and discuss federal employment laws concerning discrimination, fair wages, and family and medical leave.

  • Understand the origins of the labor movement and what federal rights workers have to organize.

  • Explain how OSHA protects employees from safety and health hazards.

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Chapter 16 Objectives

  • Name benefits available to employees and distinguish between those that are required and those that are optional.

  • Identify and discuss other employee rights at work.

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Federal Laws that Protect Workers

  • Organizations and individuals must abide by regulations that cover

    • Employment discrimination

    • Family and medial leave

    • fair labor standards

    • The right to bargain collectively

    • Employee safety and health

    • Employee benefits

    • Employee rights

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Title VII of the Civil Rights Act (1964)

  • Prohibits discrimination by companies (that have 15 or more employees) based on

    • Race

    • Color

    • Religion

    • Sex

    • National origin

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Pregnancy Discrimination Act (1978)

  • An employer cannot refuse to hire a woman because of pregnancy as long as the woman is able to perform the job.

  • A woman may not be required to stay out a certain length of time after the baby is born.

  • An employer is required to hold a job open for a woman on maternity leave the same length of time that jobs are held open for other employees who are on sick leave or disability leave.

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Equal Pay and Age Discrimination

  • The Equal Pay Act (1963)--Requires that men and women be paid the same for equivalent work.

  • The Age Discrimination in Employment Act (1967)--Prohibits employers (with 20 or more employees) from discriminating based on age.

    • Protects those 40 years of age and older.

    • As long as employees are able to perform their jobs, they cannot be forced to retire.

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Sexual Harassment

  • The Civil Rights Act of1964 also prohibits sexual harassment in the workplace

  • Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature.

  • Either sex can commit sexual harassment.

  • The law requires that employers provide an atmosphere free of sexual harassment.

  • Harassed individuals must make it clear that behavior is unwanted.

  • Organizations are responsible for stopping the harassment as soon as a management official becomes aware of it.

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The Americans with Disabilities Act (ADA)

  • Prohibits discrimination against individuals who are disabled.

  • The individual with the disability must be able to perform the job, with or without reasonable accommodation.

  • Reasonable accommodation is any action that assists the employee without imposing undue hardship on the company.

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Responding to Discrimination

  • Attempt to settle difficulties within your organization before resorting to outside sources.

  • Follow a company’s grievance or complaint procedure.

  • Approach your supervisor or a responsible individual in the human resources department.

  • Explain your concerns and difficulties in a calm, clear manner.

  • Give the company a chance to correct the problem.

  • If the company will not take action, file a charge of discrimination with the EEOC or sate commission.

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Affirmative Action

  • Affirmative Action is a practice originally designed to correct past discriminatory practices against minorities and women in the workplace by setting goals for hiring and upward mobility.

  • Companies who do business with the government are required to develop and implement an affirmative action program.

  • These types of programs are controversial and must be “narrowly tailored” to remedy the lingering effects of past discrimination.

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Fair Labor Standards

  • The Fair Labor Standards Act of 1938 sets standards for

    • Minimum wage

    • Equal-pay

    • Overtime

    • Child labor

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Future Trends in Wage and Hour Issues

  • Federal regulations concerning overtime

  • “Virtual” work enabling employees to work away from the office

  • Compensatory time

  • Excessive work hours

  • Livable minimum wage

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Family Medical Leave Act (FMLA)

  • Eligible employees are allowed 12 work weeks of unpaid, job-protected leave with a 12-month period for:

    • The birth of a child

    • The placement for foster care of child

    • The care of a child, spouse, or parent with a serious health condition

    • An employee’s own serious health condition

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Workers’ Rights to Organize

  • In the 1920s, employees began to form unions

    • to bargain collectively with employers over wages, hours, and working conditions.

    • to protect themselves from unfair, unsafe, and arbitrary treatment.

  • Management resisted with anti-union techniques:

    • Labor agitators

    • Blacklists

    • Yellow-dog contracts

    • Lockouts

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Legislation for Unionization Rights

  • Norris-LaGuardia Act (1932)

    • Outlawed the yellow-dog contract.

  • National Labor Relations Act/Wagner Act (1935)

    • Established the right of employees to form unions and bargain collectively with management.

    • Ordered management to stop interfering with union organization efforts.

    • Established the National Labor Relations Board.

  • Taft-Hartley Act (1947)

    • Imposed certain controls on union activities and collective bargaining.

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Legislation for Unionization Rights

  • Right-To-Work Law

    • Allows states to give the worker the choice of union membership without compromise.

  • Landrum-Griffin Act (1959)

    • Requires unions and employers of union members to

      • Report certain matters to the Department of Labor.

      • Disclose sources and disbursement of funds.

      • Hold regular election of union official by secret ballot.

    • Restricts union officials from using union funds for personal means.

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Safety and Health Regulations

  • The Occupational Safety and Health Act (1970) was passed to

    • Assure so far as possible every working man and woman in the nation safe and healthful working conditions.

    • Preserve human resources.

  • Safety standards address hazards that can result in direct injury.

  • Health standards address the role of the work environment in the development of disease and illness.

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Occupational Safety and Health Administration (OSHA)

  • Established to ensure that employers provide a place of employment free of hazards that could cause serious harm to employees.

  • Establishes standards for safety and health in the workplace.

  • Makes inspections of company sites to enforce standards.

  • Requires companies to give employees access to information about the hazards of substances used in the workplace.

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Tips for Working Safely

  • Observe all safety rules.

  • Wear personal protective equipment correctly.

  • Know how to operate equipment properly. If you don’t know, ask.

  • Check equipment for safety before using it.

  • Be alert for unsafe conditions.

  • Report any hazardous conditions or malfunctioning equipment to your supervisor.

  • Never allow or participate in horseplay near hazardous areas or while using equipment.

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Future Health and Safety Issues

  • Spiraling insurance and worker compensation premiums

  • Reducing employment-related injuries and disease through protective equipment and safety training

  • Workplace violence

  • Motor vehicle accidents

  • Injuries caused by ergonomic factors and exposure to dangerous substances

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Federally Mandated Benefits

  • Social Security benefits

    • Retirement insurance

    • Survivor’s insurance

    • Disability insurance

    • Medicare

  • Unemployment compensation—Job loss compensation

  • Worker’s compensation—Compensation for injury on the job

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Voluntary Company Benefits

  • Financial Plans

    • Pension plans and profit sharing

    • Thrift plans

    • Employee stock ownership

    • Individual retirement accounts

  • Insurance

    • Health—hospital, medical, dental, vision, drug

    • Life and disability insurance

  • Payment for Time not Worked

    • Vacation, holidays, sick leave

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Voluntary Company Benefits

  • Other Benefits and Services

    • Housing and /moving assistance

    • Flexible work hours

    • Parental leave and child care programs

    • Educational assistance

    • Employee assistance plans

    • Legal and financial planning services

    • Credit unions

    • Medical savings accounts

    • Transportation and concierge services

    • Shopping discounts

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Other Employee Rights and Issues

  • Employment at will

  • Proof of eligibility to work

  • Freedom of speech

  • Military service

  • Defamation of character

  • Smokers’ and nonsmokers’ rights

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Other Employee Rights and Issues

  • Medical benefits and privacy

  • Access to personnel files

  • Drugs on personal time

  • Blowing the whistle on illegal activities

  • Electronic surveillance of employees

  • E-mail privacy

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Key Terms

  • Discrimination

  • Equal Employment Opportunity Commission

  • Title VII of the Civil Rights Act of 1964

  • Pregnancy Discrimination Act

  • Equal Pay Act

  • Age Discrimination in Employment Act

  • Sexual harassment

  • Americans with Disabilities Act

  • Reasonable accommodations

  • Affirmative Action

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Key Terms

  • National Labor Relations Board (NLRB)

  • Taft-Hartley Act

  • Bargaining unit

  • Right-To-Work Law

  • Landrum-Griffin Act

  • Fair Labor Standards Act

  • Family Medical Leave Act

  • Union

  • Norris-LaGuardia Act

  • Wagner Act

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Key Terms

  • Social Security Act

  • Unemployment compensation

  • Workers’ compensation

  • Employment at will

  • I-9

  • Occupational Safety and Health Act

  • Safety

  • Health

  • Occupational Safety and Health Administration (OSHA)