Chapter 3 Flashcards
Challenges to Legal Compliance
Dynamic legal landscape
Law Complexity
Conflicting Strategies
-fair employment vs. affirmative action
Legal Issues
• Protect Firm
o Realizing the limitations of the HR and legal department
o Limiting potential liability
• Litigious Society
Fair Employment
the situation in which employment decisions
are not affected by illegal discrimination
Affirmative Action
aims to accomplish the goal of fair
employment by urging employers to hire certain groups of people who were
discriminated against in the past
Equal Pay Act of 1963
o Men and women doing the same job in the same organization should receive thesame pay
o Problematic
-Same job?
- Merit based
- Seniority
Title VII of Civil Rights Act of 1964
o Prohibits employers from basing employment decisions on a person’s race, color, religion, sex or national origin
o Can’t refuse to hire or discriminate with respect to compensation, terms, conditions, or privileges of employment bases on….
o Can’t limit or segregate or classify employees which would or may deprive of employment opportunities or status of employees based on….
Protected Class
A group of people who suffered discrimination in the past and who are given special protection by the judicial system
Disparate Treatment
Discrimination that occurs when individuals are treated differently because of their membership in a protected class. Ex, someone terminated because of race.
• Direct Discrimination
• Unequal Treatment: usually guided by prejudice
• Intentional Discrimination
• Prejudiced Actions
• Different standards for Different Groups
• Decision Rules with a Racial/Sexual Premise or Cause
• Must show “prima facie” evidence (reasonable evidence that discrimination occurred, means “on its face”)
o Was not hired
o Qualified for job
o Company continued to hire
Adverse Impact
The same standard is applied to all applicants or employees, but that standard affects a protected class more negatively. Ex, you have to lift 150 lbs. in an organization that is not part of the job • Indirect Discrimination • Unequal Consequences or Results • Unintentional Discrimination • Neutral Actions: not really guided by prejudice • Same Standards but different consequences for different groups • Decision Rules with a Racial/Sexual Consequences or Results • Have to show restricted policy is in effect • Show it affects a disproportionate amount of protected class • Four-fifths rule
Griggs vs. Duke Power
AA being refused promotions because they didn’t meet the standards of having a
HS diploma or passing scores on two tests. If the outcome is such that a protected class suffers from adverse impact, then the organization may be required to demonstrate that the standard used in the decision process were related to a job. Duke Powers didn’t. Tests had an adverse impact on AA workers. Couldn’t link them to job performance.
Domino’s Pizza
The court ruled that a no-beard policy is a violation of Tittle VII. No-beard policy discriminated against AA who couldn’t shave because of biological reasons (irritated them).
Albemarle vs. Moody
The court ruled that employers can use an employment test as a basis for hiring
only when they can demonstrate that the test is a valid predictor of job
performance
Four-fifths rule
An EEOC provision for establishing a prima facie case that an HR practice is discriminatory and has an adverse impact. A practice has an adverse impact if the hiring rate of a protected class is less than four-fifths the hiring rate of a majority group. 4/5s of 50%=40% so 25% AA
4 Basic Defenses Used by Companies
Job Relatedness
Bona Fide Occupational Qualification
Seniority
Business Necessity
Sexual Harassment
• Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when…
• Quid Pro Quo (1&2)
o Sexual Activity is demanded in return for getting or keeping a job-related benefit • Hostile Work Environment (3)
o When behavior of coworkers, supervisors, customers or anyone else in the work setting is sexual in nature and perceived by the employee as offensive and undesirable
Reduce Liability
• Written Policy
• Communicate Policy in the organization
• Establish Complaint Procedure
• Quickly Investigate
• Take Action
• If transfer of employee to another unit, make sure it’s not undesirable position for them
so won’t be seen as punishment
• Follow up
Investigation
• Timeliness: 24-48 hrs
• Documentation
• Employee Agreement
• Resolution
• Findings of Fact
• Determine Appropriate Action
Compensatory damages
Fines awarded to a plaintiff to compensate for the
financial or psychological harm the plaintiff has suffered as a result of the discrimination
Punitive damages
are fines awarded to a plaintiff to punish a defendant
Executive Order 11246
Prohibits discrimination against the same categories of people that Title VII protects. In addition, it goes beyond the Title VII requirements of no discrimination by requiring covered organizations to develop affirmative action programs to promote the employment of protected-class members
Utilization Analysis
Describe the organization’s current workforce relative to the pool of qualified workers in the labor force. The first step involves determining the demographic composition of the current workforce by dividing all the jobs in the organization into classifications. The second part is determining the percentage of those same protected classes in the available labor market
Affirmative Action Plans
Utilization Analysis
Goals & Timetables
Action Plans
