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Legislative Branch
Has enacted a number of laws governing HR activities
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Executive Branch (2)
- -responsible for enforcing the laws
- -includes the regulatory agencies that the president oversees
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Judicial Branch (3)
- 1)interprets the law
- 2)supreme court is court of final appeal
- 3)its decisions are binding
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Equal Employment Opportunity (EEO)
- condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin.
- -federal govt. efforts in this area are: -constitutional amendments, legislation, executive orders, court decisions
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13th amendment
- -abolished slavery in the U.S.
- -has been applied in cases where discrimination involved the symbols and incidents of slavery
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14th amendment (3)
- 1)forbids states from taking life, liberty, or property without due process of law
- 2)prevents the states from denying equal protection of discrimination
- 3)applies to the decisions or actions of the govt. or private groups
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Civil Rights Acts (1866 + 1871)
- 1866- granted all persons the same property rights as white citizens
- 1871- granted all citizens right to sue in federal court if they feel they have been deprived of some civil right
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Equal Pay Act (1963)
- -men and women in an organization doing the same work must be paid equally
- -Equal is defined in terms of skill, effort, responsibility, and working conditions
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Title VII Civil Rights Act (1964)
- -Prohibits employers form discriminating based on: race, color, religion, sex, national origin
- -applies to organizations that employ 15 or more people
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Age Discrimination in Employment Act (ADEA)
- -prohibits discrimination against workers who are over 40
- -age discrimination complaints make up a large % of the complaints filed with the Equal Employment Opportunity Commision (EEOC)
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Vocational Rehabilitation Act 1973
- -covered organizations must engage in affirmative action for individuals with disabilities
- -employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them
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Vietnam Era Veterans Readjustment Act 1974
- -requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War
- -covers veterans who served between August 5th, 1964 - May 7, 1975
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Pregnancy Discrimination Act 1978
- -defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination
- -benefits including health insurnace, should cover pregnancy and related medical conditions in same way as other medical conditions
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Americans with Disabilities Act (ADA) 1990
- -Protects individuals with disabilities form being discriminated against in the workplace
- -prohibits discrimination based on disability in all employment practices
- -employers must take steps to accomodate individuals covered by the act
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Civil Rights Act 1991
- -adds compensatory and punitive damages in cases of discrimination under Title VII and ADA
- -amount of punitive damages is limited by the act and depends on the size of the organization with discrimination
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Uniformed Services Employment + Reemployment Rights Act
- -employers must reemploy workers who left jobs to fulfill military duties for up to 5 years
- -shoudl be in the job they would have held if they had not left to serve in military
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Genetic Information Nondiscrimination Act 2008 (GINA)
- -employers may not use genetic information in making decision related to the terms, conditions, or privileges of employment
- -includes a perons genetic tests, genetic test of the persons family members, and family medical histories
- -forbids unintentional collection of this data
- -forbids harrassment of employee because of genetic information
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Executive Order 11246
- -prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, national origin
- -employers whose contracts meet minimum size requirements must engage in affirmative action
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Executive Order 11478
- -requires federal govt. to base all its employment decisions on merit and fitness
- -covers organizations doing at least $10,000 worth of business with federal govt.
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Equal Employment Opportunity Commission (EEOC) (govt)
- 1)responsible for enforcing most of the EEO's laws
- 2)complaints must be filed within 180 days of incident
- 3)EEOC has 60 days to investigate complaint
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Office of Federal Contract Compliance Procedures (OFCCP)
- 1)responsible for enforcing executive orders that cover companies doing business with federal govt.
- 2)audits govt. contractors to ensure they are actively pursuing the goals in their affirmative action plans
- 3) three basic components: utilizing analysis, goals and timetables, action steps
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Disparate Treatment
differing treatment of individuals based on their race, color, religion, sex, national origin, race, or disability status
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Bona Fide Occupational Qualification (BFOQ)
- -necessary qualification for performing a job
- -supreme court ruled that BFOQ's are limited to policies directly related to a workers ability to do the job
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Disparate Impact
condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities
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Four-Fifths Rule
- -rule of thumb that finds evidence of discrimination if an organization hiring rate for a minority group is less than 4/5 the hiring rate for the majority group.
- EX: hire 40 of 200 black applicants (20%) and 60 of 100 white applicants (60%) so .2/.6=.33 < .8 ...so rule is not satisfied
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Reasonable Accomodation
an employers obligation to do something to enable an otherwise qualified person to perform a job. may need to adjust work schedules or dress codes, making workplace more accessible, or restructuring jobs
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Sexual Harrasment
refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature
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Quid Pro Qup
person makes (or punishment) contingent on an employees submitting to (or rejecting) sexual advances
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Hostile Work Environment
verbal or physical behavior that creates an intimidating, hostile, or offensive work environment
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