Legal and Regulatroy Flashcards
Title VII
- What does sit prevent?
- year?
Civil Rights Act 1964
Prohibits discrimination on the basis of race,color,religion,sex, or national origin. Applies to all US ERs with 15 or more EEs. Bars in intentional and neutral discrimination practices.
Ex of neutral discrimination: refusing international assignments for women out of fear of safety ER is open to charges of sexual bias under Title VII
Affirmative Action Plans
- When are they required?
- Purpose?
- Scope?
- Who enforces?
- AKA?
- Condition of doing business with the Federal Gov’t. Contractors with contracts > $50,000.00 are required to have a written AA plan for minorities and women.
- To overcome the effects of past or present discrimination and to remedy the underutilization of women, minorities, and disabled. Gives them express preferences. AA Plan begins with an underutilization Analysis on each major job classification. Analysis required for women and then each minorities group: black, Hispanic, Native Americans/Alaskans, Asians/Pacific Islanders.
- Applies to all MNE’s operating in the US and US expats on assignment.
- Enforced by The Dept of Labor’s Office of Federal Contract Compliance Programs (OFCCP).
- AA was started by an Executive Order. Executive Order 11246
Age Discrimination in Employment Act:
- AKA and Year?
- Purpose?
ADEA- 1967
- Prohibits arbitrary age discrimination against EE’s or applicants over 40 years old. No mandatory retirement allowed, ERs must cont contributions to retirement funds while EE is working.
- Applies to all EEs of US based organizations, including those located outside the US.
Immigration Reform and Control Act:
- AKA?
- Purpose?
- Required Tool?
- IRCA
- IRCA requires companies to employ only U citizens or foreign citizens who have the req’d authorization to work in the US. IRCA provides for an employment verification system.
- Requires EE to produce documents that establish identity and authorization to work in US.
- Requires ER to examine docs for authenticity
- E-Verify Tool: Internet based tool that compares provided documents to data from US DHS and SSA records to confirm eligibility.
- Federal contractors are REQUIRED to use tool for all new hires, most other employers it is VOLUNTARY.
Uniform Guidelines on Employee Selection Procedures:
- AKA/Year?
- Who uses it?
- Definition?
- Scope?
- UGESP/1978
- Adopted by the EEOC, Office of Personnel Management, and Dept’s of Labor and Justice.
- Guidelines and questionnaire (90 questions) used to provide employers with a means to of determining if selection criteria has an adverse impact on protected groups.
- If negative impact found, selection procedure must be modified.
- Applies to ERs, employment agencies, labor unions, and federal contractors covered by Title VII, EO 11246 (AA).
- DOES NOT APPLY: ADEA, ADA, Rehabilitation Act.
North American Free Trade Act (NAFTA):
- Purpose?
- Associated Visas? Professions?
- Other requirements?
- Opposition?
-Authorizes Canadian and Mexican citizens engaged in business activities at a professional level to be employed in the US by a specific ER.
- TN (Trade NAFTA Professional) Visas. EE must be a member of an approved NAFTA Profession, most of which require a Bachelors Degree (ex: accountants, scientists, teachers, nurses, lawyers).
- TN-1 (for Canadians)
- TN-2 (for Mexicans)
- Requires individual to have employment with a US ER or proof that a US ER has agreed to pay for individuals services. Cannot be seeking self employment.
- Made law by Bill Clinton, Critics say it is not Free and Fair trade deal it was supposed to be. Labor unions are against NAFTA saying it means the loss of manufacturing jobs to Mexico and lower wages for US workers.
EU and the Freedom of Movement:
- What is it?
- What conditions?
- Every EU National is entitled to take up and pursue employment in the territory of another member of the Union under the same conditions as the nationals of the host state (EU Treaty Part 1).
- Can have conditions around public safety and host language competencies if req’d within role.
Employment Contract Act- China
- Covers?
- Scope?
- Examples of protections?
-Focuses on worker’s rights and employee protections.
- Formalizes standards in labor contracts, rights of temporary workers, and severance pay privileges.
- Workers must be employed under the terms of a contract.
- ERs must consult with trade union at least 30 days prior to reducing headcount by 20 EEs or more that 10% of the staff.
- Terminated EE’s must be paid severance based on year with ER. 1 month for each year worked.
- Union can negotiate CBAs.
- Contracts include info on job duties, pay, work hours, work location
Contract Labor Act (CLA) - India
- Who?
- Purpose/ requirements?
- History?
-Any establishment that has employed 20 or more workers at any point in the last 12 months.
- Established to regulate the contact employment industry. Forbids the hiring of temporary workers and requires certain facilities to be provided to workers (bathrooms, canteen, water, first aid). Also forbids women from being employed on night shifts
- ERs must pay workers on time and in the presence of a company rep.
- Workers must sign off on pay slips.
- Gov’t may require Primary Company to absorb workers as FTR EE’s if it is determined that the contract EEs are being used as long term workers.
-India used to use contract laborers. The workers did not work directly for the company, but through an agency. Agencies would hire and terminate EEs without regulations, sometimes without paying them, and subject them to unsafe working conditions.
Labor Law (UK):
- AKA?
- Scope/Purpose?
- 2 Examples?
- Which country in UK has additional laws around religious discrimination?
- AKA Employment Law
- UK Labor Law is the body of law which regulates the rights, and obligations of trade unions, workers, and employers in the UK. Includes various provisions outlawing discrimination on the grounds of sex, race, disability, sexual orientation, religion, and age ( 2006).
- 2 examples: Employment Rights Act 1996 and Employment Act of 2002.
- Northern Ireland has extra anti-discrimination legislation around religious affiliation, or community/ political affiliation.
Labor Law UK:
Employment Rights Act 1996
-AKA?
-Scope?
- ERA
- Covers the rights that EEs can get when they work. Includes: unfair dismissal, reasonable notice of dismissal, right to a tribunal, written contracts, flexible work, time off for parenting, redundancy, etc.
Labor Law UK:
Employment Act of 2002
-Areas covered?
- Covers maternity leave and pay, paternity/adoption leave and pay, dismissal, disciplinary and grievance procedures, and fixed term EE rights.
- Fixed term EEs now have a right not to be treated less favorably than permanent EEs.
Common Law:
- Definition?
- Examples of Common Law Countries?
- Common Law is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. Judges make law by creating precedent.
- These precedents together are Common Law and they bind future decisions. Supreme Court Judges would need to convene to change a precedent.
-Most of the former British colonies are similar in their stance on Common Law: US, Canada, India, New Zealand, Ghana, Pakistan, Singapore).
Recruiting:
-2 Types?
- Crisis Recruiting: No immediate plan in place for attrition or promotion out of teams. Reactionary.
- Strategic Recruiting: Basing recruiting efforts on where the business wants to go, and which people it will need to get there. Anticipates staffing needs, has established sources to find qualified candidates.
Secondment Agreements:
-Definition?
-Legal document drawn up by ER that allows and EE to work for another company/subsidiary for a set period of time. Outlines the terms of the employee sharing incident and ensures both companies are adequately protected.
