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Human Resource Management

Human Resource Management. Federal Employment Guidelines and Laws. Equal Pay Act of 1963. Comparable worth Equal pay for substantially equal work Differences can be based on Seniority Performance. Title VII (Civil Rights Act of 1964 as amended).

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Human Resource Management

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  1. Human Resource Management Federal Employment Guidelines and Laws

  2. Equal Pay Act of 1963 • Comparable worth • Equal pay for substantially equal work • Differences can be based on • Seniority • Performance

  3. Title VII (Civil Rights Act of 1964 as amended) • Prohibits discrimination in employment and compensation based on race, color, religion, sex, or national origin. • Created Equal Employment Opportunity Commission (EEOC)

  4. Prejudicial treatment • Definition • Prima facie case • Defense

  5. Unequal or Disparate Treatment • Definition • Prima facie case • Defense • BFOQ

  6. Adverse Impact • Definition • Griggs v. Duke Power • Prima facie case • 4/5 Rule • Defense • Albemarle Paper Company v. Moody (valid selection device) • New Haven case (Ricci vsDeStefano 2009)

  7. Affirmative Action (Executive Order 11246) • Utilization analysis • Goals and timetables • Action plans • Strategies • Bakke v. UC Davis 1978

  8. Age Discrimination in Employment Act (ADEA) 1967 as amended • Prohibits discrimination in employment against those over the age of 39 • Prima facie case - usually statistical • Standard was – is age the determinative factor • Standard is – action was an age-neutral business necessity • Can age be a BFOQ?

  9. Sexual Harassment • Quid pro quo • Hostile work environment

  10. Sexual Harassment (Title VII) • Quid pro Quo • Hostile work environment

  11. Sexual Harassment Claims (EEOC website)

  12. Termination/Employment At-Will • Public Policy Exceptions (44 states) • Implied Contract Exceptions (37 states) • Good Faith and Fair Dealing (11 states) Alabama, Alaska, Arizona, California, Delaware, Idaho, Massachusetts, Montana, Nevada, Utah, Wyoming

  13. Americans with Disabilities Act (ADA) • Disability definition • Essential functions • Reasonable accommodations • Undue hardship • http://janweb.icdi.wvu.edu/

  14. Civil Rights Act of 1991 • Prohibits the use of quotas • Prohibits the practice of “race norming” • Validated the statistical determination of discrimination and job-relatedness • Validated standard of burden of proof placed on defendant • Allows for the first time limited money damages for victims of intentional discrimination under Title VII, the Americans with Disabilities Act and the Rehabilitation Act

  15. Other Laws • Vietnam Era Veterans Readjustment Act • Immigration Reform and Control Act of 1986 • Immigration Act of 1990 • Drug-Free Workplace Act of 1988 • Uniformed Services Employment and Reemployment Rights Act of 1994

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