Legal Implications of HR

1
Legal Implications of HR

• BMA 360
• Session 3

2
Human Resource Management
Interpret analyze how HRM policies practices
support the entire organization
Explain the importance of the person-job-organizat
ion match and how it can be established
Identify explain HR policies practices that
motivate workers
Discuss avenues to maintain strong employment
relationships
Legal, ethical bottom-line foundations of HR
policies
Contemporary environmental issues affecting HR
The financial impact of HR policies practices
The legal context within which HR operates
3
Legislation Affecting HR

• CRA 1964 Title VII
• Other CRAs
• ADEA
• Older Worker Protection Act
• FMLA
• EPA
• Executive Orders
• Rehabilitation Act of 1973
• ADA
• Vietnam Era Veterans Readjustment Act

• Pregnancy Discrimination Act
• FLSA
• ERISA
• COBRA
• HIPAA
• OSHA
• WARN
• IRCA
• USERRA
• State and local statutes

4
Civil Rights Act of 1964 What Is Discrimination?

• Disparate treatment discrimination
• Discrimination is using race, color, religion,
  sex or national origin as a basis for treating
  people unequally

5
Civil Rights Act of 1964 What Is Discrimination?

• Disparate impact discrimination
• Discrimination is any practice without business
  justification that has unequal consequences for
  people of different race, sex, religion, color or
  national origin without actually using any of
  those classifications as a basis for treating
  people unequally.

6
Civil Rights Act of 1964Griggs v. Duke Power

• Duke Power used two neutral, color-blind
  criteria
• Court found
• Practices that create disparate impact are
  illegal
• Except when justified by
• Business necessity
• Job relatedness

7
Civil Rights Act of 1964EEOC Uniform Guidelines

• Definition of test
• Job relatedness
• Test validity
• Does this mean we cant give applicants tests?

8
Civil Rights Act of 1964Sex Discrimination

• BFOQ Bona fide occupational qualification
• Diaz v. Pan American Airways
• Court found
• BFOQ justified only under very limited
  circumstances

9
Civil Rights Act of 1964Sexual Harassment

• Barnes v. Costle
• But for her womanhood
• Meritor v. Vinson
• Quid-pro-quo
• Hostile environment
• Pennsylvania State Police v. Suders
• Grievance procedures critical

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Civil Rights Act of 1964Sexual Harassment

• Burlington Industries v. Ellerth
• Faragher v. City of Boca Raton
• Pennsylvania State Police v. Suders
• Importance of making reasonable efforts to
  prevent harassment
• Grievance procedures critical

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Civil Rights Act of 1964Sexual Harassment
Prescription

• Sexual harassment not tolerated
• Written grievance policy
• Thoroughly communicated

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Civil Rights Act of 1964Sexual Harassment
Prescription

• Investigation
• Manager training
• Follow-up

13
Affirmative Action

• Three reasons employers for affirmative action
  plans
• Government contractor
• Court ordered
• Voluntary

14
What is Affirmative Action?

• Workforce analysis
• Availability analysis
• Reconcile by setting goals and timetables
• Plan action steps
• Implement
• Monitor

15
Affirmative ActionPreferential Treatment

• McDonald v. Santa Fe Trail Corp.
• Obligation not to discriminate against whites
• Weber v. Kaiser Aluminum Chemical Corp.
• Collaboration between union employer

16
Affirmative ActionPreferential Treatment

• Consensus of courts
• Allowable in involuntary plans
• Must be
• Remedial
• Not exclude all non-minorities
• Temporary
• Formalized

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Affirmative ActionPreferential Treatment

• Gratz v. Bollinger
• Undergraduate admissions used mechanistic point
  system
• Disguised quota system
• Grutter V. Bollinger
• Law school admissions used portfolio approach
• Goal was to acquire a critical mass of minority
  students

18
Americans with Disabilities Act

• Prohibits discrimination against qualified
  individuals with disabilities
• Reasonable accommodation
• Essential job functions
• Undue hardship
• Mitigating measures

19
Age Discrimination in Employment Act

• Protects all workers 40 or over
• Outlaws discrimination or mandatory retirement
• Waivers for early retirement

20
Civil Rights Act of 1991

• Expands remedies
• Can include punitive compensatory damages
• Can request jury trial