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?

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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)