Legal Issues in HR - PowerPoint PPT Presentation

1 / 19
About This Presentation
Title:

Legal Issues in HR

Description:

Legal Issues in HR OS352 HRM Fisher Sept. 4, 2003 Agenda Review key laws affecting HR Why are these laws necessary? Examine safety issues Fairness in the workplace ... – PowerPoint PPT presentation

Number of Views:33
Avg rating:3.0/5.0
Slides: 20
Provided by: peopleCla
Category:
Tags: issues | legal | toyota

less

Transcript and Presenter's Notes

Title: Legal Issues in HR


1
Legal Issues in HR
  • OS352 HRM
  • Fisher
  • Sept. 4, 2003

2
Agenda
  • Review key laws affecting HR
  • Why are these laws necessary?
  • Examine safety issues

3
Fairness in the workplace
  • Providing equal employment opportunity is all
    about fairness
  • Many different ways of thinking about fairness,
    organizational justice
  • Equity vs. equality
  • Distributive vs. procedural
  • Societal level vs. individual level

4
Discussion questions
  • Why is fairness important in organizations?
  • What is the difference between fair and legal?

5
Types of discrimination
  • Disparate treatment
  • Exception BFOQs
  • Disparate impact
  • Four-fifths rule (will address more when we talk
    about selection)
  • Reverse discrimination
  • At issue in University of Michigan case

6
Civil Rights Act (Title VII)
  • Employers may not discriminate on the basis of
    race, color, sex, religion, or national origin
  • Applies to employers with 15 or more employees,
    employment agencies, and labor unions

7
Americans with Disabilities Act
  • Protects against discrimination of individuals
    with disabilities
  • Applies to employers with 15 or more employees
  • Requires reasonable accommodation
  • Key sticking point has been definition of
    disability
  • Toyota v. Williams (2002)

8
Family and Medical Leave Act
  • Provides for 12 weeks unpaid leave for pregnancy,
    illness, or family illness
  • Employer must provide position of similar
    responsibility upon return
  • Applies to organizations with 50 or more
    employees
  • Issues with FMLA?

9
California First Paid Family Leave Law in the US
  • Family Temporary Disability Insurance (FTDI)
  • Provides 55 of pay for up to six weeks annually
  • Funded by additional payroll taxes
  • Projected benefits
  • Can actually take leave
  • Decrease turnover, increase commitment
  • Projected burden to employers
  • Increased absenteeism
  • Extends leave laws to smaller businesses

10
Other important legislation
  • Equal Pay Act
  • Age Discrimination Act
  • Pregnancy Discrimination Act
  • Civil Rights Act of 1991

11
EEOC
  • Established by the Civil Rights Act
  • Handles complaints and grievances
  • Investigates charges
  • Seeks voluntary resolution
  • Issues Right-to-Sue or brings suit in federal
    court
  • Has right to sue in its own name (EEOC v. Waffle
    House)
  • Remediation options
  • Monetary damages
  • Corrective actions (EEOC v. WalMart)

12
Affirmative Action
  • Contractors to the federal government must have
    AAPs
  • Utilization analysis
  • Goals and timetables (but not quotas)
  • Action steps
  • But, organizations cannot hire on the basis of
    race, sex, and so on. How can both of these
    requirements be met?

13
Harassment
  • Sexual harassment is a form of sex discrimination
    (EEOC, 1980)
  • Actions held as condition of employment or that
    create a hostile or offensive working environment
  • Hard to clearly define
  • reasonable woman standard
  • Employer liability
  • Failure to take corrective action
  • Failure to have/use reporting procedures
  • Zero tolerance policy can provide protection

14
Workplace Safety
  • Another important area of federal oversight
  • In which industries do workers have the greatest
    exposure to unsafe conditions?
  • Which jobs are the least safe?

15
Why should organizations care?
  • OSHA statistics (2001)
  • 5,900 worker deaths (down 1)
  • 5.2 million injuries/illnesses
  • Related to bottom line productivity, medical
    and insurance costs
  • Also legal and ethical concerns

16
OSHA
  • Occupational Safety and Health Administration
    (DOL)
  • Goal is to ensure safe and healthful workplaces
  • Prevention through training, inspections
  • Penalties for violations

17
From a systematic perspective
  • Why do we need laws about safety?
  • What are the challenges involved in creating a
    safe workplace?

18
Key learning points?
19
For next class
  • Read and summarize one recent Supreme Court
    opinion dealing with an HR issue
  • What were the issues at stake?
  • Which law was addressed?
  • What was the outcome?
  • www.supremecourtus.gov (link is on schedule)
Write a Comment
User Comments (0)
About PowerShow.com