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Chapter 3

Chapter 3. Providing Equal Employment Opportunity and a Safe Workplace. EEO. EEO (Equal Employment Opportunity) – the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, disability, or national origin

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Chapter 3

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  1. Chapter 3 Providing Equal Employment Opportunity and a Safe Workplace

  2. EEO • EEO (Equal Employment Opportunity) – the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, disability, or national origin • This “condition” is created through: • Constitutional amendments • Legislation • Executive orders MGMT 422 - Chapter 3

  3. Constitutional Amendments • Thirteenth Amendment • Abolished Slavery • Covers all individuals • Enforced by courts • Fourteenth Amendment • Provides equal protection for all citizens and requires due process in state action • Covers state actions • Enforced by courts MGMT 422 - Chapter 3

  4. Legislation • Civil Rights Act 1866 – granted all persons the same property and contract rights • Civil Rights Act 1871 – granted all citizens the right to sue the federal government for deprivation of civil rights • Used as the basis for recovering compensatory and punitive damages MGMT 422 - Chapter 3

  5. Legislation • Civil Rights Act 1964 – Title VII • Prohibits employers from discriminating based on race, color, religion, sex, or national origin • Applies to …. • Organizations with 15 or more employees working 20 + weeks a year • State & local governments, employment agencies or labor organizations • Pregnancy Discrimination Act 1978 prohibits discrimination based on pregnancy and childbirth MGMT 422 - Chapter 3

  6. Legislation • Civil Rights Act 1991 – allowed for victims of intentional discrimination to be awarded compensatory and punitive damages MGMT 422 - Chapter 3

  7. Legislation • Equal Pay Act 1963 • Requires that men and women performing equal jobs receive equal pay • Equal defined in terms of skill, effort, responsibility and working conditions • Age Discrimination in Employment Act (ADEA) 1967 • Outlaws discrimination in employment decisions based on a person’s age being over 40 • Intent to discriminate not required MGMT 422 - Chapter 3

  8. Legislation • Vocational Rehabilitation Act 1973 • Affirmative action for individuals with disabilities • Covers organizations receiving > $25,000 annually from the government • Vietnam Era Veteran’s Readjustment Act 1974 • Affirmative action toward employing Vietnam War veterans MGMT 422 - Chapter 3

  9. Legislation • Americans with Disabilities Act (ADA) 1990 • A physical or mental impairment that substantially limits one or more major life activities, • A record of having such an impairment, or • Being regarded as having such an impairment MGMT 422 - Chapter 3

  10. Disabilities Associated with Complaints Filed under ADA MGMT 422 - Chapter 3

  11. Executive Orders • Executive order 11246 • Prohibits federal contractors from discriminating based on race, color, religion, sex, or national origin • Requires affirmative action for firms receiving > $10,000 and a written plan for firms receiving > $50,000 • Executive order 11478 • Federal government cannot discriminate MGMT 422 - Chapter 3

  12. Equal Employment Opportunity Commission (EEOC) Created by CRA 1964 Enforces most EEO laws Receives and investigates complaints Issues guidelines Office of Federal Contract Compliance Enforces executive orders Affirmative action plans Utilization analysis Goals and timetables Action steps Government’s Role in EEO MGMT 422 - Chapter 3

  13. Avoiding Discrimination • Disparate treatment • Bono Fide Occupational Qualification (BFOQ) • Disparate impact • EEO Policy • Affirmative action • Reverse discrimination MGMT 422 - Chapter 3

  14. Providing Reasonable Accommodations under ADA MGMT 422 - Chapter 3

  15. Sexual Harassment • Refers to unwelcome sexual advances • Quid pro quo • Hostile environment • Applies to same-sex harassment, male to female, and female to male • Prevention • Develop explicit policy • Training • Prompt discipline when necessary MGMT 422 - Chapter 3

  16. Occupational Safety and Health • Occupational Safety and Health Act (OSH Act) • Established and provided enforcement of occupational safety and health standards • Occupational Safety and Health Administration (OSHA) • Inspects employers • Applies safety and health standards • Levies fines for violation MGMT 422 - Chapter 3

  17. Occupational Safety and Health • General Duty Clause • Employer must provide an employee with a safe place of employment • Enforcement • Checks records • Takes a tour • Employee interviews • Discusses findings, notes violations MGMT 422 - Chapter 3

  18. Occupational Safety and Health • Employee Rights • Request and have representation at inspections • Right-to-know laws • Material safety data sheets • Have employer violations posted • Employee Responsibilities • Follow OSHA safety rules and regulations • Report hazardous conditions MGMT 422 - Chapter 3

  19. Rates of Occupational Injuries and Illnesses MGMT 422 - Chapter 3

  20. Reinforcing Safe Practices • To encourage safe behaviors employers should: • Define how to work safely • Reinforce the desired behavior • Injury prevention • Job analysis • Written policies • Safety training • Protective gear • Rewards and sanctions MGMT 422 - Chapter 3

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