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Legal Implications of HR

Legal Implications of HR. BMA 360 Session 3. Human Resource Management. Interpret & analyze how HRM policies & practices support the entire organization. Explain the importance of the person-job-organization match and how it can be established.

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Legal Implications of HR

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  1. Legal Implications of HR BMA 360 Session 3

  2. Human Resource Management Interpret & analyze how HRM policies & practices support the entire organization Explain the importance of the person-job-organization match and how it can be established Identify & explain HR policies & practices that motivate workers Discuss avenues to maintain strong employment relationships Legal, ethical & bottom-line foundations of HR policies Contemporary environmental issues affecting HR The financial impact of HR policies & practices The legal context within which HR operates

  3. CRA 1964: Title VII Other CRAs ADEA Older Worker Protection Act FMLA EPA Executive Orders Rehabilitation Act of 1973 ADA Vietnam Era Veterans Readjustment Act Pregnancy Discrimination Act FLSA ERISA COBRA HIPAA OSHA WARN IRCA USERRA State and local statutes Legislation Affecting HR

  4. Civil Rights Act of 1964: What Is Discrimination? • Disparate treatment discrimination • “Discrimination is using race, color, religion, sex or national origin as a basis for treating people unequally”

  5. Civil Rights Act of 1964: What Is Discrimination? • Disparate impact discrimination • “Discrimination is any practice without business justification that has unequal consequences for people of different race, sex, religion, color or national origin without actually using any of those classifications as a basis for treating people unequally.”

  6. Civil Rights Act of 1964:Griggs v. Duke Power • Duke Power used two neutral, “color-blind” criteria • Court found: • Practices that create disparate impact are illegal • Except when justified by • Business necessity • Job relatedness

  7. Civil Rights Act of 1964:EEOC Uniform Guidelines • Definition of “test” • Job relatedness • “Test” validity • Does this mean we can’t give applicants tests?

  8. Civil Rights Act of 1964:Sex Discrimination • BFOQ: Bona fide occupational qualification • Diaz v. Pan American Airways • Court found: • BFOQ justified only under very limited circumstances

  9. Civil Rights Act of 1964:Sexual Harassment • Barnes v. Costle • “But for her womanhood” • Meritor v. Vinson • Quid-pro-quo • Hostile environment • Pennsylvania State Police v. Suders • Grievance procedures critical

  10. Civil Rights Act of 1964:Sexual Harassment • Burlington Industries v. Ellerth • Faragher v. City of Boca Raton • Pennsylvania State Police v. Suders • Importance of making reasonable efforts to prevent harassment • Grievance procedures critical

  11. Civil Rights Act of 1964:Sexual Harassment: Prescription • Sexual harassment not tolerated • Written grievance policy • Thoroughly communicated

  12. Civil Rights Act of 1964:Sexual Harassment: Prescription • Investigation • Manager training • Follow-up

  13. Affirmative Action • Three reasons employers for affirmative action plans • Government contractor • Court ordered • Voluntary

  14. What is Affirmative Action? • Workforce analysis • Availability analysis • Reconcile by setting goals and timetables • Plan action steps • Implement • Monitor

  15. Affirmative Action:Preferential Treatment • McDonald v. Santa Fe Trail Corp. • Obligation not to discriminate against whites • Weber v. Kaiser Aluminum & Chemical Corp. • Collaboration between union & employer

  16. Affirmative Action:Preferential Treatment • Consensus of courts • Allowable in involuntary plans • Must be • Remedial • Not exclude all non-minorities • Temporary • Formalized

  17. Affirmative Action:Preferential Treatment • Gratz v. Bollinger • Undergraduate admissions used mechanistic point system • “Disguised quota system” • Grutter V. Bollinger • Law school admissions used portfolio approach • Goal was to acquire a “critical mass” of minority students

  18. Americans with Disabilities Act • Prohibits discrimination against “qualified individuals with disabilities” • Reasonable accommodation • Essential job functions • Undue hardship • Mitigating measures

  19. Age Discrimination in Employment Act • Protects all workers 40 or over • Outlaws discrimination or mandatory retirement • Waivers for early retirement

  20. Civil Rights Act of 1991 • Expands remedies • Can include punitive & compensatory damages • Can request jury trial

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