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Why is it important for I-O and HR professionals to be familiar with EEO law?

Why is it important for I-O and HR professionals to be familiar with EEO law?. Numerous HR functions are affected by EEO laws (e.g., personnel selection, performance appraisal, compensation) Lack of knowledge can lead to possible lawsuits and liability (damages)

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Why is it important for I-O and HR professionals to be familiar with EEO law?

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  1. Why is it important for I-O and HR professionals to be familiar with EEO law? Numerous HR functions are affected by EEO laws (e.g., personnel selection, performance appraisal, compensation) Lack of knowledge can lead to possible lawsuits and liability (damages) Limited awareness of EEO law can lead to poor public relations May help you get a job by possessing important KSAs (many organizations assume that IO folks know EEO law), But, not commonly taught in graduate school: See: TIP article
  2. Rank Ordering of Course Usefulness in 1st and Current Jobs (From Erffmeyer & Mendel, 1990) First Full-Time Job Present Full-Time Job Course Ranking Mean Rank Ranking Mean Rank 1 2 3 4 5.5 5.5 7 8 9 10 11 12 13 3.05 4.95 5.07 5.10 5.90 5.90 6.55 6.56 7.05 7.10 8.33 9.00 11.00 1 6 4 2 3 8 7 5 9 10 12 11 13 3.76 5.94 5.42 4.82 5.29 6.24 6.00 5.53 6.76 6.82 9.00 8.73 10.59 Personnel Psychology Legal Issues Training Psychometrics I-O Psychology Organizational Psychology Advanced Statistics SPSS Thesis Experimental Design Individual Differences Methods & Ethics Advanced Social Psychology
  3. Source: Tett, Walser, Brown, Simonet, & Tonidandel (April, 2013). The Industrial-Organizational Psychologist.
  4. Some Challenges to Learning EEO Law Even when laws have been written down, they ought not always to remain unaltered. --- Aristotle The legal landscape is constantly changing (new laws, recommendations/guidelines, court decisions) Thankfully, lots of easy accessibility via numerous web sites!!! Legal terminology including many Latin phrases (e.g., prima facie, en banc, de novo, stare decisis, certiorari) Writing style (e.g., court cases – double negatives)
  5. Total Charges 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 1,000 EEOC Claims by Discrimination Type in 2011 Total EEOC Charges By Year 37,836 33,512 30,356 26.379 22.857 11,364 10,883 5.797 3,811 1,082 Retaliation Race Sex Disability Age Sexual National Pregnancy Religion Equal (Total) Harassment Origin Title VII & Pay Title VII & FEPA ) FEPA)
  6. Total EEOC Charges & Monetary Benefits By Year
  7. ~ Your Textbook Authors ~ Art Gutman, Florida Institute of Technology (Florida Tech) Web Site: https://www.fit.edu/faculty/profiles/profile.php?value=50 Developer of (and now co-author) On The Legal Front section in The Industrial-Organizational Psychologist (TIP) Laura K. Bryan, Professor (Division of Applied Behavioral Sciences)and Dean (College of Arts and Sciences) Web Site: http://www.ubalt.edu/cas/faculty/alphabetical-directory/laura-k-bryan.cfm
  8. Hears fewer than 100 cases per year of about 10,000 filed Total of 179 judges; lifetime appointment. Established by Congress; judges serve 10 year terms
  9. U.S. Supreme Court Background: Court established by Article III, Section 1 of the Constitution: "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The Act also created the federal circuit courts and the federal district courts, the Office of the Attorney General, and granted the President the right to nominate justices for appointment to the United States Supreme Court with the advice and consent of the Senate. In its 1st year, the Court consisted of 6 justices (one Chief Justice and 5 associate justices). The present composition of one Chief Justice and eight Associate Justices was established under an Act passed in 1948 (28 U.S.C. 1) Relatively weak branch of government in the early years. Supreme Cout Justice Seating Test
  10. Reasons Why the Supreme Court Takes a Case Conflicting opinions between the circuit courts 2) Lower court decision that conflicts with previous Supreme Court ruling 3) Issues of constitutional importance Congress can pass legislation to overturn Supreme Court rulings (e.g., CRA 1991, Ledbetter Act, ADAAA) Robert Barnes, Supreme Court correspondent for The Washington Post, will discuss the federal government's most cloistered and least understood institution, and the pivotal role it plays with the political branches in the nation's governance. After its most dramatic change in personnel in decades, the increasingly conservative court will be faced with challenges to President Obama's progressive agenda amid bitter political deadlock in Washington. Controversial issues such as affirmative action, immigration, same-sex marriage, gun control and health care are on the court's horizon. Barnes will also discuss the four youngest and newest justices who will shape its future, and answer questions. Click here for the presentation
  11. The Court Process The person filing the suit is called the “plaintiff” The person or organization against whom the charge of discrimination is made is called the “defendant”
  12. Legal Citations U.S. Supreme Court Cases Teamsters v. U.S., 431 U.S. 324 (1977) Volume # Year of decision Respondent (Defendant) Reporter Petitioner (Plaintiff) Beginning page # of case The U.S. Reporter is the preferred cite, but sometimes others are used instead. One is the Supreme Court Reporter.  The format for this is: Teamsters v. U.S., 97 S. Ct. 1843 (1977). There is also a Lawyers Edition that is used: Teamsters v. U.S., 52, L. Ed.2nd 396. Format used in book: Teamsters v. United States (1977) 431 US 324
  13. Federal Circuit Court of Appeals Map
  14. Legal Citations (cont.) Federal Circuit Court of Appeals Cases Glover v. Johnson, 75 F.3d 264 (6th Cir.1996) Circuit Court Volume # Year of decision Appellant Beginning page # of case Appellee Reporter Format used in the text: Glover v. Johnson (CA 6, 1996) 75 F.3d 264 The terms Appellee v. Appellant are used in the Court of Appeals. Therefore, it is possible that the order of the parties in the original case may be reversed. For instance, in a case that started as Johnson v. Glover may be reported as Glover v. Johnson in the Court of Appeals reporter.
  15. Federal Circuit Court of Appeals Reporters Federal Reporter (Cited as F.) – 1880-1924 Federal Reporter, 2d series. (Cited as F. 2d) - 1924-1993 Federal Reporter, 3d series. (Cited as F. 3d) – 1993 +
  16. US Courts of Appeals and US District Courts Map See details of each District Court here The number of districts vary within each State. Some states have only one district (e.g., Arizona, Colorado, Delaware), while others have multiple districts (e.g., California, Florida, Texas).
  17. Listing of Federal Circuit Court of Appeals 1st - ME, MA, NH, PR, RI 2nd - NY, VT, CT 3rd - PA, NJ, DE, VI 4th - MD, NC, SC, VA, WV 5th - LA, TX, MS 6th - MI, OH, KY TN 7th - IL, IN, WI 8th - ND, SD, MN, NE, IA, MO AR 9th - CA, OR, WA, AZ, MT, ID, NV, AK, HI 10th - CO, KS, NM, OK, UT, WY 11th - AL, GA, FL DC - DC, Tax Court, fed admin agencies. Federal - Patent, Int'l Trade, Claims Court and Veterans' Appeals. From: Findlaw.com
  18. Legal Citations (cont.) Federal District Court Cases Glover v. Johnson, 478 F. Supp. 1075 (E.D.Mich.1979) Volume # District Court Respondent Reporter Year of decision Petitioner Beginning page # of case
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