CHAPTER 3 PROVIDING EQUAL EMPLOYMENT OPPORTUNITY AND A SAFE WORKPLACE

1. Fundamentals of human resource management 5th editionBy R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright CHAPTER 3 PROVIDING EQUAL EMPLOYMENT OPPORTUNITY AND A SAFE WORKPLACE

2. Need to Know • How three branches of government regulate HRM. • Major federal laws requiring equal employment opportunity and federal agencies that it. • Ways employers can avoid illegal discrimination and provide reasonable accommodation. • Sexual harassment and how employers prevent it. • Employer’s duties under Occupational Safety and Health Act (OSHA) and its role. • Ways employers promote worker safety and health.

3. Regulation of HRM

4. Equal Employment Opportunity (EEO) • 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 government’s efforts in this area include: • constitutional amendments • Legislation • executive orders • court decisions

5. Table 3.1:Summary of Major EEO Laws and Regulations

6. EEO: Constitutional Amendments Thirteenth Amendment Fourteenth Amendment • Abolished slavery in United States. • Has been applied in cases where discrimination involved symbols and incidents of slavery. • Forbids states from taking life, liberty, or property without due process of law. • Prevents states from denying equal protection of discrimination. • Applies to decisions or actions of government or private groups.

7. EEO: Legislation Civil Rights Acts (1866 & 1871) Equal Pay Act (1963) • Civil Rights Act of 1866 granted all persons same property rights as white citizens. • Civil Rights Act of 1871 granted all citizens right to sue in federal court if they feel they have been deprived of some civil right. • Men and women in an organization doing the same work must be paid equally. • Equalis defined in terms of skill, effort, responsibility, and working conditions.

8. EEO: Legislation Title VII Civil Rights Act (1964) Age Discrimination in Employment Act (ADEA) • Prohibits employers from discriminating based on: • Race • Color • Religion • Sex • National origin • Applies to organizations that employ 15 or more. • Prohibits discrimination against workers who are over the age of 40. • Age discrimination complaints make up a large percentage of complaints filed with EEOC.

9. Figure 3.1: Age Discrimination Complaints

10. EEO: Legislation Vocational Rehabilitation Act (1973) Vietnam Era Veteran’s Readjustment Act (1974) • Covered organizations must engage in affirmative action for individuals with disabilities. • Employers are encouraged to recruit qualified individuals with disabilities and make reasonable accommodations to them. • Requires federal contractors and subcontractors to take affirmative action toward employing veterans Vietnam War veterans. • Covers veterans who served between August 5, 1964 and May 7, 1975.

11. EEO: Legislation Pregnancy Discrimination Act (1978) Americans with Disabilities Act (ADA) of 1990 • 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 insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions. • Protects individuals with disabilities from being discriminated against in the workplace. • Prohibits discrimination based on disability in all employment practices. • Employers must take steps to accommodate individuals covered by the act.

12. Figure 3.2: Disabilities Associated with Complaints Filed under ADA

13. EEO: Legislation Civil Rights Act (1991) Uniformed Services Rights Act • 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 size of the organization charged with discrimination. • Employers must reemploy workers who left jobs to fulfill military duties for up to five years. • Should be in the job they would have held if they had not left to serve in the military.

14. Table 3.2: Maximum Punitive Damages Allowed Under the Civil Rights Act of 1991

15. Genetic Information Nondiscrimination Act of 2008 (GINA) • Employers may not use genetic information in making decision related to terms, conditions, or privileges of employment • Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories • Forbids unintentional collection of this data • Forbids harassment of employee because of genetic information

16. EEO: Legislation Executive Order 11246 Executive Order 11478 • Prohibits federal contractors and subcontractors from discriminating based on race, color, religion, sex, or national origin. • Employers whose contracts meet minimum size requirements must engage in affirmative action. • Requires federal government to base all its employment decisions on merit and fitness. • Also covers organizations doing at least $10,000 worth of business with federal government.

17. The Government’s Role in Providing For EEO: (EEOC) • Responsible for enforcing most of EEO laws. • Investigates and resolves complaints about discrimination • Gathers information • Issues guidelines • Monitors organizations’ hiring practices • Complaints must be filed within 180 days of incident. • EEOC has 60 days to investigate complaint.

18. Figure 3.3: Types of Charges Filed with EEOC

19. Government’s Role in Providing For EEO: Office of Federal Contract Compliance Procedures (OFCCP) • Responsible for enforcing executive orders that cover companies doing business with federal government. • Audits government contractors to ensure they are actively pursuing goals in their affirmative action plans.

20. Businesses’ Role in Providing for EEO: Avoiding Discrimination Disparate Treatment Bona Fide Occupational Qualification (BFOQ) Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status. • A necessary (not merely preferred) qualification for performing a job. • The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job.

21. Businesses’ Role in Providing for EEO: Avoiding Discrimination Disparate Impact Four-Fifths Rule • A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities. Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group.

22. Figure 3.4: Applying the Four-Fifths Rule

23. Test Your Knowledge • True = A False = B • During an interview it is legal to ask only women if they have child-care needs. • Hiring only men to model male underwear is legal. • If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. • Organizations can screen candidates using a test that reliably predicts on-the-job performance.

24. Businesses’ Role in Providing for EEO:Avoiding Discrimination Reasonable Accommodation: An employer’s obligation to do something to enable an otherwise qualified person to perform a job. • Companies should recognize needs based on individuals’ religion or disabilities. • Employers may need to make such accommodations as adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs.

25. Figure 3.5: Examples of Reasonable Accommodation under the ADA

26. Businesses’ Role in Providing for EEO: (Avoiding Discrimination) Sexual Harassment: refers to unwelcomesexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: • Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s employment, • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or • Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

27. Businesses’ Role in Providing for EEO: Avoiding Discrimination • Organizations can prevent sexual harassment by: • Developing and communicating a policy that defines and forbids it • Training employees to recognize and avoid this behavior • Providing a means for employees to complain and be protected

28. Test Your Knowledge • A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case? • No, because they were not directly discriminated against. • No, because the contact was consensual. • Yes, because the manager is making others feel uncomfortable. • Yes, because any consensual relationship in the workplace among employees is prohibited.

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

30. Workplace Safety: Occupational Safety and Health Act (OSH Act) 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.

31. Figure 3.6: OSHA Form

32. Employee Rights Under the OSH Act • Employees have the right to: • Request an inspection. • Have a representative present at an inspection. • Have dangerous substances identified. • Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. • Have employer violations posted at work site.

33. Enforcement of the OSH Act • 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.

34. What’s the priority? • Which of the following has FIRST priority for inspection by OSHA officials? • Catastrophes and fatal accidents • Employee complaints • High-hazard industries • Imminent danger

35. Figure 3.7: Rates of Occupational Injuries and Illnesses

36. Top 10 Causes of Workplace Injuries

37. Employer-Sponsored Safety & Health Programs: Identifying & Communicating Job Hazards Job Hazard Analysis Technique Technic of Operations Review (TOR) • Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury. • Method of promoting safety by determining which specific element of a job led to a past accident.

38. Employer-Sponsored Safety and Health Programs Reinforcing Safe Practices Promoting Safety Internationally • Implementing a safety incentive program to reward workers for their support of and commitment to safety goals. • Start by focusing on monthly or quarterly goals. • Encourage suggestions for improving safety. • Cultural differences make this difficult. • Laws, enforcement practices, and political climates vary from country to country. • Companies may operate in countries where labor standards are far less strict than in U.S.

39. Summary • HRM is regulated by the three branches of government: • Legislative branch develops and enacts laws • Executive branch and its regulatory agencies implement the laws • Judicial branch hears cases related to employment and interprets the law • (EEOC) is responsible for enforcing most EEO laws. It investigates and resolves complaints, gathers information, and issues guidelines.

40. Summary • Major federal laws requiring EEO: • Civil Rights Acts of 1866 and 1871 • Equal Pay Act of 1963 • Title VII of the Civil Rights Act of 1964 • Age Discrimination in Employment Act Vocational Rehabilitation Act of 1973 • Vietnam Era Veteran’s Readjustment Act of 1974 • Pregnancy Discrimination Act of 1978 • Americans with Disabilities Act (1990)

41. Summary • Civil Rights Act (1991) • Uniformed Services Employment and Reemployment Act (1994) • Constitutional Amendments: • Thirteenth Amendment • Fourteenth Amendment • Executive Orders: • Executive Order 11246 • Executive Order 11478

42. Summary • The Office of Federal Contract Compliance Procedures (OFCCP) is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government. • Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact.

43. Summary • Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination. • To provide reasonable accommodation, recognize needs based on individuals‘ religion or disabilities. • Organizations can prevent sexual harassment by communicating a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.

44. Summary • Under OSHA, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards. • OSHA publishes regulations and conducts inspections. • Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.