Providing for EEO and Safety Chapter 3 The Legal Environment

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Providing for EEO and Safety(Chapter 3)The
Legal Environment
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Environment
Dynamic
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legislative environment

• lots more laws
• more litigious society
• higher awards/damages

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Categories of HRM legislation

• employment
• safety health
• employee rights
• compensation
• labor relations

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Liability....

• organizational
• individual managers

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discriminate

• to distinguish, to differentiate
• we do it all the time
• its a good management practice when .
• but some types of discrimination are illegal
• (and thats not good!)

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Experiential Exercise Employment Inquiries

• appropriate?
• inappropriate?
• recommendations?

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Employment legislation vocabulary

• protected class member
• disparate /adverse treatment
• disparate /adverse impact

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protected class

• group of people provided special protections
  under the law.

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disparate (adverse) treatment

• - treating a protected class member differently
  (worse) than a non-protected class member.
• sometimes referred to as ________________
  

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disparate (adverse) impact

• rejecting a significantly higher percentage of a
  protected class when compared to a non-protected
  class.
• seemingly neutral in intent.

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EEO a conglomeration of law

• constitutional provisions
• federal laws and executive orders
• common (case) law
• state and local law

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Constitutional provisions

• Fifth Amendment
• Thirteenth Amendment
• Fourteenth Amendment

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Federal laws and executive orders

• Equal Pay Act (1963)
• Title VII of the Civil Rights Act (1964)
• Executive Order 11246 (1965)
• Age Discrimination in Employment Act (1967)
• Vocational Rehabilitation Act (1973)
• Vietnam Era Veterans Readjustment Assistance Act
  (1974) cont...

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more....

• Pregnancy Discrimination Act (1978)
• Americans with Disabilities Act (1990)
• Civil Rights Act of 1991
• Family and Medical Leave Act (1993)
• Uniformed Services Employment and Reemployment
  Rights Act (1994)

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Consider the types of complaints filed with the
EEOC in 2001
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Common law(landmark cases)

• Griggs v. Duke Power
• Albemarle Paper v. Moody
• Johnson Controls
• Connecticut v. Teal
• Johnson v. Santa Clara County

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State and local law

• may be more restrictive....
• add complexities.

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• So what do you do if you think your
  rights have been violated under the law?

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Establishing prima facie case

• disparate (adverse) treatment
• disparate (adverse) impact

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Disparate treatment(McDonnell-Douglas Test)

• 1) protected class member
• 2) applied and was _________
• 3) was rejected
• 4) employer continued search

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Disparate impact

• restricted policy
• disparate selection rate
• Apply 4/5ths (80) rule
• selection rate minority cannot be less
• selection rate majority than 80
• geographic (population) comparisons

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Employer defenses to charge

• BFOQ
• business necessity
• demonstrate validity

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Review employmentinquiries handout...

• prima facie case?
• disparate treatment
• disparate impact
• employer defense?
• BFOQ
• business necessity
• validity

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Another legal area employee safety and health
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Employee Safety Health

• Safety Issues
• occupational injuries
• result of accidents
• loss of hearing, sight,
  body parts,
• life...., cuts, sprains, bruises, burns,
  broken bones, electrical shock, drowning,
  violence, terrorism...

• Health Issues
• occupational illnesses
• cumulative effects of
• chemicals, radiation, repetitive motions,
  noise, dust, stress, tobacco smoke, alcohol,
  drugs, AIDS...

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Why should an organization be concerned?

• workers comp, insurance, lost productivity,
  compensation to injured, medical costs, damage
  claims, damage to plant equipment, fines,
  administrative costs, employee motivation /
  retention, loss of goodwill / company
  reputation.....

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Why should an organization be concerned?

• citations, fines, and penalties
• criminal suits for negligence and / or willful
  violation
• imprisonment

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Why should an organization be concerned?

• human suffering
• social, ethical, moral concerns

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Litigation regarding health / safety issues

• Occupational Safety Health Act
• establish ______________
• OSHA conducts ______________
• _______________ reporting requirements
• issue _________________________
• Hazard Communication Standard

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Responses to workplace health / safety issues

• Occupational Safety Health Act
• ___________________
• job / equipment __________
• ergonomics
• safety ______________
• ______________
• policies and procedures
• employee screening
• EAPs
• ____________ programs