The Legal Environment

1
The Legal Environment

• Chapter 4

2
Objectives of Chapter 2

• Understand the provisions, coverage, and
  exceptions of major statutes.
• Comprehend the four theories of discrimination as
  applied to the laws.
• Recognize legal exceptions to discriminatory
  practices.
• Understand the role of the EEOC and the courts in
  processing claims of discrimination.

3
Major Areas of Abuse and Litigation in
Hospitality Tourism Operations

• Reverse Discrimination
• Employee Benefits
• Sex Discrimination
• Religious Discrimination
• Seniority
• Recruitment Advertising
• Recruitment
• Selection
• Business Necessity Issues
• Four-Fifths Rule
• Applicant Testing
• Age Discrimination
• Wrongful Discharge

4
Laws Affecting HRM

• Equal Employment Opportunity (EEO) laws
• A- Equal Pay Act of 1963
• B-The Civil Rights Act of 1964 (Title VII)
• The Civil Rights Act of 1991
• Executive Orders 11246 11375 1965 1967
• C- Age Discrimination in Employment Act of 1967
• D- Pregnancy Discrimination Act of 1978
• E- Vocational Rehabilitation Act 1973 1974
• F- Americans with Disabilities Act of 1990
• Other laws
• Immigration Reform and Control Act (IRCA) of
  1986, 1990 1996
• Family Medical Leave Act of 1992 (FMLA)

5
A. The Equal Pay Act of 1963 (EPA)

• Act makes it illegal to pay men and women
  differently for doing equivalent work
• Also included in this are raises, bonus pay or
  other incentives

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B. The Civil Rights Act CRA of 1964
Title VII
employment civil rights

• Established as earlier as in 1860s
• Prohibit discrimination in all employment
  decisions on the basis of 5 protected groups
• Sex-plus-
• pregnancy, childbirth, abortion, marital status,
  stereotyping, and harassment
• Private and public sector
• At least 15 employees and 20 weeks or more
  of annual operations

7
Legal Exceptions/Defenses for Employers

• Business Necessity
• Companies must show that the selection decision
  was based ib a factor directly related to the
  safe and efficient operation of the business
• Example Spurlock vs. United Airlines

8
Bona fide occupational qualification

• (BFOQ)
• Permitted for decisions based on sex, religion,
  and national origin- not race or color
• Must prove that the discriminatory practice is
  reasonably necessary to the normal operation of
  that particular business
• Example- Dothard vs. Robinson (jails)

9
The Civil Rights Act of 1991

• All of the provisions of the CRA 1964, as
  amended are included in the 1991 version plus a
  few additional aspects
• Increased the employers burden of proof
• Also let civil rights laws apply to expatriate
  employees when working overseas that have US
  Citizenship (ex- radio company)
• Employer must prove a lack of a motivational
  factor based on protected class status to
  establish non-discrimination in such cases
• Added compensatory and punitive damages to be
  awarded to prevailing plaintiffs to a limit of
  
• No monetary damages were available under the 1964
  Act

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C. Age Discrimination in Employment Act (1967)
(ADEA)

• Prohibits any discriminatory decisions based on
  age and requires equal benefits for protected
  workers over the age of ????
• Prohibits mandatory retirement
• Exceptions to this rule- BFOQ

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D. Pregnancy Discrimination Act of 1978 (PDA)

• Pregnancy must be treated the same as any other
  medical condition in the workplace
• A pregnant individual would also have standing
  under the Family Medical and Leave Act (FLMA)
  (1992)

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E. Vocational Rehabilitation Act (1974, 1975)

• Enforced by the Office of Contract Compliance and
  Policy (OFCCP) - Department of Labor (DOL)
• Applies to federal contractors
  and recipients of federal
  financial assistance
• The law prohibits discrimination and requires an
  affirmative duty on the part of all contractors
• ADA has much wider impact (more extensively) on
  hospitality/tourism industry

13
F. Americans with Disabilities Act of 1990 (ADA)

• Requires the reasonable accommodation of
  individuals with disabilities

14
Immigration Reform and Control Act of 1986 (IRCA)

• Enforced by the Department of Justice
• Designed to mandate employers to document that
  prospective employees possess the right to work
  in the United States
• The law contains a clause that prohibits the
  refusal to hire or the discharge of an individual
  based citizenship or national origin
• -- intentional discrimination
• Requires employers to actually discriminate
  against
  undocumented aliens in the workplace

15
Family Medical Leave Act of 1992 (FMLA)

• Requires employers with 50 workers to grant an
  employee up tp 12 weeks of unpaid leave annually
  for the birth or adoption of a child, to care for
  a spouse or immediate family member with a
  serious health condition, or when personally
  unable to work because of a health condition.
• After returning, must return with same pay and to
  the same or equivalent job.

16
Sexual Discrimination Under Title VII of the CRA

• Men and women are protected equally from sexual
  harassment
• Sex-plus issues
• Females are treated differently than males based
  on marital status, medical conditions (i.e.,
  pregnancy) and other matters.

17
Sexual Discrimination Under Title VII of the CRA
Two types of sexual harassment.

• Quid pro quo
• A direct form of harassment- (something of value
  exchanged for something else of value).
• a person seeks a sexual favor from another in
  exchange for a favor or based on the threat of
  some negative action.
• Hostile environment
• Any aspect of the environment that is deemed by
  an individual to be sexually offensive.
• this form of subjectivity leads employers to take
  a very conservative approach to prevent the
  appearance of a hostile environment.

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Sexual Discrimination Under Title VII of the CRA
(cont.)

• Claims of hostile environment sexual harassment
  have been filed against employers based on
  actions of coworkers that include
• Jokes, calenders, emails, innuendo, pranks,
  cartoons,
• Anything may be deemed by an individual to be
  offensive resulting in a claim of hostile
  environment harassment.

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NEXT WEEK

• Monday
• Chapter 4 conclusion- discrimination, disparate
  impact, disparate treatment
• Assignment 1 due
• Brief overview of what will be on exam
• Wednesday
• Exam 1 chapters 1-4

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Definition of Discrimination