Explain how the three branches of government regulate human resource management.

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Chapter 3Learning Objectives

1. Explain how the three branches of government
   regulate human resource management.
2. Summarize the major federal laws requiring equal
   employment opportunity.
3. Identify the federal agencies that enforce equal
   employment opportunity, and describe the role of
   each.

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Chapter 3Learning Objectives (continued)

1. Describe ways employers can avoid illegal
   discrimination and provide reasonable
   accommodation.
2. Define sexual harassment and tell how employers
   can eliminate or minimize it.
3. Explain employers duties under the Occupational
   Safety and Health Act.

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Chapter 3Learning Objectives (continued)

1. Describe the role of the Occupational Safety and
   Health Administration (OSHA).
2. Discuss ways employers promote worker safety and
   health.

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Regulation of Human Resource Management
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Major Fair Employment Laws

• Equal Pay Act (1963)
• Civil Rights Act (1964)
• Age Discrimination in Employment Act (1967)
• Americans with Disabilities Act (1990)
• Civil Rights Act (1991)

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Government Regulation of EEO
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Age Discrimination Complaints, 1994 - 2009
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Genetic Information Nondiscrimination Act of 2008
(GINA)

• Employers may not use genetic information in
  making decision related to the terms, conditions,
  or privileges of employment
• Includes a persons genetic tests, genetic test
  of the persons family members, and family medial
  histories
• Forbids unintentional collection of this data
• Forbids harassment of employee because of genetic
  information

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Exemptions From Antidiscrimination Regulations

• Bona Fide Occupational Qualification (BFOQ)
• Suitable defense against a discrimination charge
  only where age, religion, sex, or national origin
  is an actual qualification for performing the
  job.
• Business Necessity
• Work-related practice that is necessary to the
  safe and efficient operation of an organization.

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Fair Employment Executive Orders and Enforcement
Agencies

• Executive Order 11246 (1965)
• Executive Order 11478 (1969)
• EEOC
• OFCCP

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Types of Charges Filed with the EEOC
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Businesses Role in Providing for EEO
Avoiding Discrimination

• Disparate Treatment

• Disparate Impact

• Differing treatment of individuals based on the
  individuals race, color, religion, sex, national
  origin, age, or disability status.

• A condition in which employment practices are
  seemingly neutral yet disproportionately exclude
  a protected group from employment opportunities.

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Applying the Four-Fifths Rule
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Supreme Court Decisions on Fair Treatment

• Griggs v. Duke Power (1971) Job related issues
• University of California Regents v. Bakke (1978)
  Reverse Discrimination
• Meritor Savings Bank v. Vinson (1986)
  redefining sexual harassment

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Sexual Harassment

• Definition

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Workplace Safety Occupational Safety and Health
Act (OSHA)

• Authorizes the federal government to establish
  and enforce occupational safety and health
  standards for all places of employment engaging
  in interstate commerce.
• Established the Occupational Safety and Health
  Administration (OSHA). Responsible for
• Inspecting employers
• Applying safety and health standards
• Levying fines for violation

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OSHA Jurisdiction

• 10 Districts
• (Eastern districts are smaller as compared to
  the Western districts)
• At least one field office in each state

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Enforcement of the OSHA

• OSHA is responsible for inspecting businesses,
  applying safety and health standards, and levying
  fines for violations.
• OSHA regulations prohibit notifying employers of
  inspections in advance.

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Workplace Safety Occupational Safety and Health
Act (OSHA)

• General Duty Clause

• Specific Duties

• Each employer has a general duty to furnish each
  employee a place of employment free from
  recognized hazards that cause or are likely to
  cause death or serious physical harm.

• Employers must keep records of work-related
  injuries and illnesses.
• Employers must post and annual summary of these
  records from February 1 to April 30 in the
  following year.

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Rates of Occupational Injuries and Illnesses
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Top 10 Causes of Workplace Injuries
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OSHA Inspections

• OSHA review of employer records
• Walkaround/inspection tour
• Employee interviews
• OSHA recommendation
• or citations

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CREATING A HEALTHY WORK ENVIRONMENT Health
Services First aid Medical diagnosis and
treatment Physical exams Employee Assistance
Programs Personal crises Emotional
problems Alcoholism and drug abuse
Health-Improvement Physical fitness
programs Health bonuses Wellness programs Help
employees manage stress