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Legal Context of Staffing

Legal Context of Staffing. BMA 566 Session 4. Where We Are Going. Staffing strategy and its relationship with organizational effectiveness. Analysis of work and jobs: Rewards. Analysis of work and jobs: Content. Fundamentals of human resource planning. Legal compliance.

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Legal Context of Staffing

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  1. Legal Context of Staffing BMA 566 Session 4

  2. Where We Are Going Staffing strategy and its relationship with organizational effectiveness Analysis of work and jobs: Rewards Analysis of work and jobs: Content Fundamentals of human resource planning Legal compliance

  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 & local statutes (Some) Legislation Affecting HR

  4. Civil Rights Act of 1964 • Coverage • Five protected classes • Enforcement

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

  6. Civil Rights Act of 1964: What Is Discrimination? • Disparate impact • “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.”

  7. 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

  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. Showing Disparate Treatment • Evidence of failure to hire or promote • Belongs to protected class • Applied for & was qualified • Was rejected • Position remained open & employer continued to seek applicants

  10. Showing Disparate Impact • Flow statistics • Stock statistics • Concentration statistics

  11. Affirmative Action • Three reasons to have AAP • Enforcement

  12. What is Affirmative Action? • Workforce analysis • Availability analysis • Goals & timetables • Action plan • Monitor progress

  13. Affirmative Action:Preferential Treatment • McDonald v. Santa Fe Trail Corp. • Weber v. Kaiser Aluminum & Chemical Corp.

  14. Affirmative Action:Preferential Treatment • Gratz v. Bollinger • Grutter V. Bollinger

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

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

  17. Americans with Disabilities Act • Individuals with a disability include • Physical or mental impairment • Substantially limits one or more major life activities • Have a record of impairment • Regarded as having impairment

  18. Americans with Disabilities Act • Must make reasonable accommodation • Unless it can be shown that it would cause undue hardship • On operations of business

  19. Americans with Disabilities Act • Reasonable accommodation • Changing existing facilities or equipment • Restructuring jobs • Modifying work schedules • Reassignment to vacant position • Adjusting or modifying examinations, training materials • Providing readers or interpreters

  20. Americans with Disabilities Act • Pre-employment inquiries • Pre-employment medical examination • Pre-employment drug testing

  21. Civil Rights Act of 1991 • Overturned six Supreme Court cases from the 1980s • Jury trial option • Limits awards • Mixed motive cases • Race norming outlawed

  22. Age Discrimination in Employment Act • Outlaws discrimination of those 40 or over • Enforcement • Allows jury trials

  23. Family & Medical Leave Act • Coverage • Unpaid leave • Eligibility

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