Legal Compliance

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Legal Compliance
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Lecture Outline

• Legal Compliance
• Importance
• Challenges
• Protection
• Origin
• Enforcement Disparate Impact and Treatment
• Major EEO/AA Laws
• Civil Rights Act (1964, 1991)
• Age Discrimination in Employment Act (1967)
• Americans With Disabilities Act (1990)
• Executive Order 11246 (1965)

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Discussion Question

• Why is legal compliance important (i.e., What are
  the different reasons)?

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Challenges of Legal Compliance

• Dynamic legal landscape
• The complexity of laws
• Conflicting strategies for fair employment
• Unintended consequences

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Discussion Question

• Which people or entities are protected by legal
  compliance?

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Origin of Employment Law

• Common law
• Constitutional law
• Statutory law
• Executive order agencies

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Enforcement Disparate Impact and Treatment

• Disparate treatment
• Allegations of intentional discrimination where
  employer knowingly discriminated against
  protected class.
• Disparate impact (or adverse impact)
• A consequence of an employment practice that
  results in a greater rejection rate for protected
  class.

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Discussion Question

• When could you have disparate impact but not
  disparate treatment?

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Quick Quiz

• Which phrases below constitute disparate impact
  and which constitute disparate treatment?
• Direct discrimination, unequal treatment,
  indirect discrimination, decision rules with a
  sexual/racial premise or cause, prejudiced
  actions, unintended discrimination, neutral
  actions, same standards but different
  consequences across groups, different standards
  for different groups

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Major Federal EEO/AA Laws

• Title VII of Civil Rights Act (1964,1991)
• Age Discrimination in Employment Act (1967)
• Americans with Disabilities Act (1990)
• Executive Order 11246 (1965)

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Title VII of Civil Rights Act (1964,1991)

• Major provisions
• Prohibits employment discrimination in hiring,
  compensation, and terms, conditions, or
  privileges of employment based on race, religion,
  color, sex, or national origin.
• Key issues
• Establishment of disparate impact
• Disparate treatment
• Bona fide occupational qualification (BFOQ)
• Seniority or merit systems
• Preferential treatment and quotas

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Quick Fact
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Age Discrimination in Employment Act (1967)

• Major provisions
• Protects employees 40-65 years of age from
  discrimination. Later amended to age 70 (1978),
  then amended (1986) to eliminate upper age limit
  altogether.
• Key issues
• Bona fide occupational qualification (BFOQ)
• Factors other than age
• Seniority systems
• Employment advertising

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Quick Quiz

• Which of following questions should you not ask
  an applicant?
• How old are you?
• Have you ever been arrested?
• Do any of your relatives work for this
  organization?
• Do you have children, and if you do, what kind of
  child-care arrangements do you have?
• Do you have any handicaps?
• Are you married?
• Where were you born?
• What organizations do you belong to?
• Do you get along well with other men (or women)?
• What languages can you speak and/or write
  fluently?

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Americans with Disabilities Act (1990)

• Major provisions
• Prohibits discrimination against an essentially
  qualified individual, and requires enterprises to
  reasonably accommodate individuals.
• Key issues
• Definition of disability
• Qualified individual with a disability
• Essential job functions
• Reasonable accommodation and undue hardship

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Affirmative Action? No
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Affirmative Action? Yes
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Affirmative Action? Maybe
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Executive Order 11246 (1965)

• Major provisions
• Prohibits discrimination based on race, color,
  religion, sex or national origin for
  organizations that are federal contractors and
  subcontractors.
• Key issues
• Prohibited discrimination
• Affirmative action

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Quick Quiz

• Which of the following types of affirmative
  action programs are legal? Please circle the
  appropriate letter(s).
• Recruitment efforts
• Using valid selection tests
• Training programs
• Hiring a member of a protected group if equal
  qualifications to top majority group candidate
• Hiring a member of a protected group if
  qualifications are lower than top majority group
  candidate

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Discussion Question

• What are the pros and cons of AAPs? Please list.

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Take-Home Points

• Understand why legal issues are so important for
  HR staffing
• Learn the major EEO/AA laws
• Aware of (in)appropriate interview questions
• Be clear what affirmative action is and is not