Providing Equal Employment Opportunity and A Safe Workplace Flashcards
1
Q
REGULATION OF HUMAN RESOURCE MANAGEMENT
A
-Legislative Branch
-Executive Branch
-Judicial Branch
2
Q
- Responsible for enforcing the laws.
- Includes the regulatory agencies that the president oversees.
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Executive Branch
2
Q
- Has Enacted a number of laws governing activities HR
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Legislative Branch
3
Q
The condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin.
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EQUAL EMPLOYMENT OPPORTUNITY
3
Q
- Interprets the law.
- The Supreme Court is the court of Final appeal.
- Its Decisions are Binding.
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Judicial Branch
4
Q
The Federal government’s efforts in this area include:
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o Constitutional amendments
o Legislation
o Executive orders
o Court decisions
o Equal
5
Q
The Constitution provides the foundation for EEO
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- The 1987 Philippine Constitution
5
Q
ensuring that all individuals have fair access to free from employment, discrimination and bias.
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EQUAL EMPLOYMENT OPPORTUNITY (EEO)
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Q
Ensures that no person shall be denied equal protection under the law
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- Article III, Section 1
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Q
Promotes equal access to opportunities for public service.
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- Article II, Section 18
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Q
Emphasizes worker rights, humane conditions of work, and equal employment opportunities.
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- Article XIII, Section 3
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governs employment practices and ensures fair labor standards
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- Labor Code of the Philippines (Presidential Decree No. 442, as amended)
9
Q
Guarantees equal work opportunities regardless of sex, race, or creed.
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- Article 3
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Q
- This law prohibits age discrimination in hiring, training, and employment termination.
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- Republic Act No. 10911 – The Anti-Age Discrimination in Employment Act (2016)
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Q
Prohibits discrimination against women in employment conditions such as promotions and compensation.
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- Article 135
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Q
Declares unfair labor practices, including discrimination in hiring and tenure due to union affiliation.
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- Article 248
12
Q
- Employers cannot set age limits unless age is a
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bonafide occupational qualification (BFOQ).
13
Q
o This law protects persons with disabilities (PWDs) from discrimination in employment.
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- Republic Act No. 7277 – The Magna Carta for Persons with Disabilities (1992, as amended by RA 9442 & RA 10524)
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Q
RA 7277 Mandates at least __ of the workforce in private companies and government offices be allocated for PWDs.
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1%
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Q
o Employers must provide ___________to enable PWDs to perform their job duties.
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reasonable accommodations
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Q
- A landmark law promoting gender equality in
employment
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- Republic Act No. 9710 – The Magna Carta of Women (2009)
17
Q
Equal employment opportunities and benefits for women.
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- Section 8
18
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Women cannot be dismissed due to pregnancy.
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- Section 14
19
Q
Prohibits discrimination in the workplace based on gender or marital status.
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- Section 22
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* This law prohibits HIV/AIDS-related discrimination in employment.
6. Republic Act No. 8504 – The Philippine AIDS Prevention and Control Act (1998)
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* Employees with HIV/AIDS ________dismissed based on their health status.
cannot be
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* While primarily targeting cybercrimes, this law helps protect employees from online harassment and discrimination that may affect their employment.
7. Republic Act No. 10175 – The Cybercrime Prevention Act (2012)
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CSC stands for
Civil Service Commission (CSC)
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DOLE stands for
Department of Labor and Employment (DOLE)
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Prohibits sexual harassment in the workplace.
* CSC Memorandum Circular No. 3, s. 2001
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Guidelines for gender equality in employment.
* DOLE Department Order No. 102-10
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Strengthens Occupational Safety and Health Standards, promoting fair and safe employment.
* DOLE Department Order No. 131-B, s. 2016
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THE GOVERNMENT'S ROLE IN PROVIDING FOR EQUAL EMPLOYMENT OPPORTUNITY.
* Responsible for enforcing the executive orders that cover companies doing business with the federal government.
* Audits government contractors to ensure they are actively pursuing the goals in their affirmative action plans.
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BUSINESSES' ROLE IN PROVIDING FOR EQUAL EMPLOYMENT OPPORTUNITY
- Disparate Treatment
-Bona Fide Occupational Qualification (BFOQ)
-Disparate Impact
-Four-Fifths Rule
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* Differing treatment of individuals based on the individuals' race, color, religion, sex, national origin, age, or disability status.
Disparate Treatment
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* A necessary (not merely preferred) qualification for performing a job.
Bona Fide Occupational Qualification (BFOQ)
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* A Condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.
Disparate Impact
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* Rule of thumb that finds evidence of discrimination if an organization's hiring rate for a minority group is less than ___the hiring rate for the majority group.
Four-Fifths Rule
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An employer's obligation to do something to enable an otherwise qualified person to perform a job.
Reasonable Accommodation
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refers to unwelcome sexual advances, request for sexual favors, and other verbal or physical contact of sexual nature
* Sexual Harassment
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* Sexual Harassment
1. Submission to such conduct is made explicitly or implicitly a term condition of an individual's employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
3. Such conduct has the purpose of effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
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* Organizations can prevent sexual harassment by:
o Developing a policy that defines and forbids it
o Training employees to recognize and void this behavior
o Providing a means for employees to complaining and be protected.
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* Authorizes the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.
OCCUPATIONAL SAFETY AND HEALTH ACT (OSH ACT)
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* Established the Occupational Safety and Health Administration (OSHA). Responsible for:
o Inspecting employers
o Applying safety and health standards
o Levying fines for violation
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* Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm.
General Duty Clause
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EMPLOYEE RIGHTS UNDER THE OSH ACT
1. Request an inspection.
2. Have a representative present at an inspection
3. Have dangerous substances identified.
4. Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure.
5. Have employer violations posted at the work site.
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* Employers must keep records of work-related injuries and illnesses.
* Employers must post and annual summary of these records from February 1 to April 30 in the Following year
Specific Duties
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ENFORCEMENT OF THE OSH ACT
* OSHA is responsible for __________businesses, ________ safety and health standards, and _________ fines for violations.
inspecting
applying
levying
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ENFORCEMENT OF THE OSH ACT
*OSHA regulations prohibit _______ employers inspections in advance. of
notifying
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Identifying and Communicating Job Hazards
-Job Hazard Analysis, Technique
-Technique of Operations Review (TOR)
-Reinforcing Safe Practices
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* Safety Promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury.
Job Hazard Analysis, Technique
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* Implementing a safety incentive program to reward workers for their support of and commitment to safety goals.
* Start by focusing on monthly or quarterly goals.
Reinforcing Safe Practices
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* Cultural differences make this difficult.
* Laws, enforcement practices, and political climate vary from country to country.
* Companies may Operate in Countries where labor standards are far less strict than in the U.S
Technique of Operations Review (TOR)
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* Method of promoting safety by determining which specific element of job led to a past accident.
Technique of Operations Review (TOR)
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ANALYZING WORK AND DESIGNING JOBS
Work Flow In Organizations
-Work Flow Design
-Position
-Job
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* The Process of analyzing task necessary for the production of a product or service.
Work Flow Design
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* The set of duties (job) performed by a particular person.
Position
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* A set for related duties.
Job
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* Within an organization, units and individuals must cooperate to create outputs.
Work Flow Design and Organization's Structure
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Work Flow Design and Organization's Structure
* The Organization's structure brings together the people who must collaborate to efficiently produce the desired outputs:
o Centralized
o Decentralized
o Functional
o Product or Customer
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Work Flow Design and Organization's Structure
* In any organization or team, workers need to be ________in several skills to create an effective team.
cross-trained
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* The process of getting detailed information about jobs.
Job Analysis
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Job Descriptions
* Key components:
o Job Title
o Brief description of the TDRs
o List of the essential duties with detailed specifications of task involved in carrying out each duty
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a list of tasks, duties, and responsibilities (TDRs) that a particular job entails.
Job Descriptions
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a list of the knowledge, skills, abilities, and other characteristics (KSAOs) that an individual must have to perform a particular job.
Job Specifications
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factual or procedural information necessary for successfully performing a task.
* Knowledge
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an individual's level of proficiency at perfoming a particular task.
* Skill
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a more general enduring capability that an individual possesses.
* Ability
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job-related licensing, certifications, or personality traits.
* Other Characteristics
