Legal Environment Flashcards
Legislative Branch
Enact laws that govern many HR activities (House of Reps & Senate)
Executive Branch
Can issue executive orders which can regulate the activities or orgs that may have contracts with the federal government (President & Regulatory agencies)
Judicial Branch
Companies can find themselves in court battles (US District Courts/ Courts of appeals/ Supreme court)
When was Equal Employment Opportunity established?
1964 in the Civil Rights Act
What does the Equal Employment Opportunity enforce?
EEO attempts to settle charges and lawsuits in federal court through constitutional amendments, legislation, executive orders, and court decisions.
What is the EEO?
EEO is the governments attempt to ensure that all individuals have an equal chance of employment, regardless of race, color, religion, sex, age, disability, or national origin.
Responsibilities of the EEO
1.) Investigating and resolving discrimination complaints 2.) Gathering information 3.) Issuing guidelines
Civil Rights Act of 1964
Forbids discrimination based on race, color, religion, sex, or national origin
Title VII
Applies to employment, establishes the EEOC commission and applies to orgs> 15 employees.
Age discrimination Act of 1967
Prohibits discrimination in employment against individuals 40+. Makes reducing # of older workers who are paid more illegal. Covers employers with 20+ employees.
Civil Rights Act of 1991
Allows compensatory and punitive damages when intentional and reckless discrimination is proven. Burden of proof is still on the plaintiff, allowed for jury trial.
Americans with Disabilities Act of 1990
Protects disabled individuals from being discriminated against in the workplace w or wo reasonable accommodation. Covers specific physiological disabilities, mental and psychological disorders. A person can be disabled if they have a physical or mental impairment that substantially limits one or more major life activities. Essential job functions are major nontrivial tasks required of an employee.
Family and Medical Leave Act of 1993
Requires employers to provide employees up to 12 weeks of unpaid leave after 1.) birth or adoption of child 2.) care for sick spouse, child, or parent 3.) care for employees own serious health problems. Only business w 50+ wi 75 mi radius. Top 10% highly paid employees are exempt. Must have worked for over 1 year.
Occuptional Safety and Health Act (OSHA)
General duty clause requires employers to provide “a place of employment free from recognized hazards”, notify employers of hazards in workplace, protects against retaliation or discrimination for making complaints, citations must be posted by employer, copies of medical records and exposure to toxic and harmful substances or conditions.
uniform guidelines on employment selection
establish a framework for employers to follow in order to ensure their selection procedures are fair, non discriminatory, and legally compliant.
disparate treatment
when individuals in similar situations are treated differently bc of race, sex, or the like. The plaintiff must prove that the defendant has committed an illegal act. Usually involves individuals and often intentional discrimination.
Prima Facie
enough initial evidence to suggest discrimination has occurred and it is up to the party to refute it.
disparate impact
when neutral employment practice and treated identically but the outcome is different such as disproportionately excluded a protected group from employment opportunities. Hiring stats have to be provided in plaintiff burden evidence.
Four fifths rule
is the protected group less than 4/5 or 80% of group with highest hiring rate?
Standard deviation rule is used to see if probability distribution is disproportionate from one group to another.
Griggs v Power Co.
DPC required a high school diploma and a passing grade on an aptitude test for certain job positions. Majority of black employees had not passed these tests and were unable to qualify for higher paying jobs. Decision established disparate impact that allows individuals to prove discrimination by showing a company’s practices disproportionately impact minority groups even wo mal-intent. Job requirements must be job related.
Business Necessity
necessary for the safe and efficient operation of the org.
Bona fide Occupational Qualification (BFOQ)
characteristic necessary for a job: sex, religion, national origin, never for race
Sexual Harassment
Title VII in the CRA prohibits unwelcome sexual advances, request for favors, and other verbal/physical conduct when: submission to conduct is made a term for employment, submission is used for employment decisions, conduct interferes with individuals performance or creating an intimidating, hostile, or offensive work environment.
2 Types of prohibited SH
Quid Pro Quo & Hostile Work Environment
