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Advanced Organizational Management

Advanced Organizational Management. Chapter 11: Legal Issues in Communications. Prejudice and Discrimination. Prejudice is an attitude about an individual or group based on a selected set of characteristics rather than the entire person

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Advanced Organizational Management

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  1. Advanced Organizational Management Chapter 11: Legal Issues in Communications

  2. Prejudice and Discrimination • Prejudice is an attitude about an individual or group based on a selected set of characteristics rather than the entire person • Result of stereotypes about people different from one’s self • Discrimination occurs when people act on their prejudices and treat people unfairly • Government and courts have worked to end workplace discrimination

  3. Types of Workplace Discrimination • Occurs in any area of work including hiring, performance appraisal, pay, and promotions • May take many forms • Testing and evaluation methods • The glass ceiling • Tokenism • Pay differential • Reverse discrimination

  4. Affirmative Action • Not a law; has evolved through Presidential Executive Orders and court cases • Four types of plans • Focus on improved recruitment and hiring of minorities and women • Focus on how decisions are made in hiring and promotion • Sets minimum qualifications necessary for hiring and promotion decisions • States a female or minority will get the job

  5. Sexual Harassment • Workplace is sensitive to the issue; may include comments or actions • Includes any conduct involving “unwanted imposition of sexual requirements in a relationship of unequal power” • Quid Pro Quo harassment and hostile environments • Impacts on victims range from shame to defensive responses and physical disorders

  6. Handling Sexual Harassment • Legal remedies lead to application of individual rights and corporate obligations • Organizations should have clear policies enforced to protect themselves • Training programs may be implemented to cover sensitivity to gender issues, teach respect for one another

  7. Laws—Compensation and Benefits • Equal Employment Opportunity is the most widely known • Title VII of the Civil Rights Act of 1964, amended in 1972 • The Equal Pay Act of 1963 prohibits wage discrimination • Doctrine of Comparable Worth says jobs with comparable knowledge and skill requirements should offer equal pay • Pregnancy Discrimination Act of 1978 protects job security during maternity leave • Age Discrimination in Employment Act of 1967, as amended, protects those 40–70 years old • Mandatory Retirement Act of 1974 • Employee Retirement Income Security Act of 1974 (ERISA) guarantees pension

  8. Additional Laws—Compensation and Benefits • Veterans Readjustment Act of 1974 • Vocational Rehabilitation Act of 1973 • Social Security Act of 1935, as amended, guarantees minimum income to retired and disabled • Fair Labor Standards Act of 1938, as amended, established minimum wage • Health Maintenance Organization (HMO) Act of 1973 stimulated prepaid healthcare • Family and Medical Leave Act of 1993 protects job during leave

  9. State and Local Laws • Much more stringent than federal legislation in human resources management • Multi-state companies must be aware of laws in all states where they operate • Minimum wage may be higher than the federal mandate • Child labor laws may be more rigid than in the Fair Labor Standards Act • Family and medical leave laws may be more strict • If both federal and state laws exist, the more stringent laws apply

  10. Other Laws • Workers’ compensation laws provide benefits to injured workers or their dependents, regardless of who is at fault • Responsibility for health and safety sits with the supervisor • Benefits of health and safety programs are great • Health and safety legislation (OSHA) • Smoke-free workplace rules have bettered health and saved money • Drug use and abuse identified through workplace testing

  11. Legal Issues in Recruitment and Selection • Sound recruitment policies are necessary for a business to survive in a competitive environment • Internal recruiting is the most common approach • External recruiting can be effective; resources • Selection methods usually include screening applications, employment testing, and interviews • Recruitment and selection policies do not need to be sophisticated, just fair and nondiscriminatory • Legal restraints prohibit discriminatory practices; Civil Rights Act of 1964 covers employers with 15 or more employees

  12. Termination and Separation • Involuntary separations occur as a result of downsizing or plant closures • May include some closing benefits • Employment-at-will (EAW) is a common law doctrine that allows employers the right to hire, fire, promote, or demote anyone at any time UNLESS another law or contract exists • Violations of agreements (union or nonunion) can lead to dismissal • Downsizing can bring morale down and lead to job insecurity

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