Chapter 3: Providing Equal Employment Opportunity and a Safe Workplace Flashcards
(6 cards)
How do the three branches of government regulate human resource management?
Legislative Branch:
* Composed of Congress (Senate and House).
* Creates laws that govern HR activities in response to societal needs.
Executive Branch:
* Enforces HR laws through regulatory agencies.
* Agencies develop regulations, monitor compliance, and take legal action if needed.
* Key agencies: Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA)
Judicial Branch:
* Federal courts interpret HR laws and resolve disputes involving violations.
* Court rulings set legal precedents affecting HR practices.
What is Equal Employment Opportunity (EEO)?
Equal Employment Opportunity (EEO):
* Condition where all individuals have an equal chance for employment.
* No discrimination based on race, color, religion, sex, age, disability, or national origin.
Government Role:
* Regulates HRM to ensure EEO.
Efforts to create EEO include:
* Constitutional amendments
* Legislation
* Executive orders
* Court decisions
Major Federal Laws Requiring Equal Employment Opportunity (EEO)
13th Amendment: Abolished slavery
14th Amendment: Equal protection, due process, state action required
Civil Rights Acts (1866 & 1871): Rights to make and enforce contracts, enjoy terms and conditions
Equal Pay Act (1963): Equal pay for men and women performing equal jobs
Title VII of the Civil Rights Act (1964): Prohibits discrimination based on race, color, religion, sex, national origin
Age Discrimination in Employment Act (1967): Protects individuals 40+ years old
Rehabilitation Act (1973): Requires affirmative action for individuals with disabilities
Pregnancy Discrimination Act (1978): Pregnancy-related discrimination = sex discrimination
Americans with Disabilities Act (1990): Prohibits disability discrimination
Civil Rights Act (1991): Strengthens Title VII protections
Uniform Services Employment and Reemployment Rights Act (1994): Protects military service members’ jobs and benefits
Genetic Information Nondiscrimination Act (2008): Prohibits discrimination based on genetic info
Lilly Ledbetter Fair Pay Act (2009): Extends time to claim pay discrimination
Which federal agencies enforce equal employment opportunity laws, and what are their primary roles?
Equal Employment Opportunity Commission (EEOC):
* Enforces most EEO laws (Title VII, Equal Pay Act, ADA)
* Investigates discrimination complaints
* Monitors hiring practices
* Issues guidelines on law violations
Office of Federal Contract Compliance Programs (OFCCP):
* Enforces executive orders for federal contractors
* Audits government contractors for affirmative action compliance
* Requires affirmative action plans with utilization analysis, goals, and action steps
What are key ways employers can avoid illegal discrimination and provide reasonable accommodations? Define concepts like disparate treatment, BFOQ, disparate impact, four-fifths rule, affirmative action, and reasonable accommodations.
Disparate Treatment: Treating employees differently based on protected characteristics (race, sex, etc.).
Avoid by: Ensuring interview questions and decision criteria are job-related and consistent.
Disparate Impact: Neutral policies unintentionally excluding protected groups.
Avoid by: Regularly reviewing hiring and promotion practices for unintended bias.
BFOQ (Bona Fide Occupational Qualification): A necessary job qualification strictly related to job performance.
Avoid misuse by: Applying BFOQ only when absolutely required for the job.
Four-Fifths Rule: Hiring rate of protected group must be at least 80% of majority group’s rate.
Avoid violation by: Monitoring hiring data to detect and address disparities early.
Affirmative Action: Policies promoting diversity; sometimes misunderstood as reverse discrimination.
Avoid backlash by: Clearly communicating goals and ensuring fair treatment for all candidates.
Reasonable Accommodation: Adjusting work conditions for disabilities or religion unless causing undue hardship.
Avoid issues by: Engaging in open dialogue with employees about accommodation needs and feasibility, without lowering standards or compromising safety.
What is sexual harassment, and how can employers eliminate or minimize it?
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature in the workplace.
EEOC Criteria: Harassment is defined when:
* Submission to conduct is a term/condition of employment
* Submission/rejection affects employment decisions
* Conduct creates a hostile, intimidating, or offensive work environment
Quid Pro Quo: Benefits or job conditions are contingent on submitting to sexual advances
Employer Actions to Minimize:
* Develop and communicate a clear no-harassment policy
* Train all employees to recognize and report harassment
* Establish safe, confidential reporting mechanisms
* Act promptly to discipline harassers and protect victims
