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Chapter 2 Legal Compliance

Chapter 2 Legal Compliance

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Chapter 2 Legal Compliance

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  1. Chapter 2Legal Compliance

  2. The Employment Relationship • Employer-employee • Independent Contractor • Temporary Employee

  3. Need for Laws and Regulations • Balance of Power • Protection of Employees • Protection of Employers

  4. Sources of Laws & Regulations • Common Law • Constitutional Law • Statutory Law • Agencies

  5. EEO, AA, and Quotas! • EEO • AA • Quotas • Proposition 209—11/96-- Ward Connelly

  6. Disparate Treatment • Deliberate discrimination • Inferred from the following situational factors: 1. Person belongs to a protected class 2. The person Applied for, & was qualified for, a job the employer was trying to fill. 3. The qualified person was rejected. 4. The position remained open & the employer continue to seek applicants as qualified as the rejected person.

  7. Disparate Impact • Disparate impact (adverse impact)- the effect of employment practices (not intent) • Types of statistical evidence: Flow statistics, stock statistics, concentration statistics

  8. Enforcement: EEOC • Initial Charge & Conciliation • Litigation • Enforcement: OFCCP

  9. Title VII of the Civil Rights Act (1964, 1991) • Unlawful for employers to discriminate against individuals based on: Race, Color, religion, sex, or national origin • Mixed Motives • BFOQs • Testing

  10. Age Discrimination in Employment Act (ADEA)- 1967 • Unlawful to discriminate against employees due to age (40 & over). • BFOQ • Seniority Systems

  11. Americans with Disabilities Act (ADA)- 1990 • What is a disability? • Reasonable accommodations / Undue Hardship • Essential Job Functions

  12. Rehabilitation Act (1973) • Similar to ADA

  13. Executive Order 11246 (1965) • The federal contractor is prohibited from discrimination on the basis of race, color, religion, sex, & national origin.

  14. Family and Medical Leave Act • 12 workweeks of leave during a 12-month period for: birth/adoption of a child, care of immediate family member, or serious employee health condition.

  15. Pregnancy Discrimination Act of 1978 • Employee/ job applicant may not be treated differently from a male because of her pregnancy or capacity to become pregnant.

  16. Regulations and Guidelines • UGESP, Revised Order No. 4, • AA Programs Regulations • Employment Regulations for ADA

  17. EEO Best Practices • Study • Plan • Lead • Encourage • Notice • Discussion • Inclusion • Dedication

  18. Other Staffing Laws • Immigration Reform and Control Act (‘86) • Employee Polygraph Protection Act (‘88) • Fair Credit Reporting Act (’70) • State/ Local Laws • Civil Service Laws & Regulations