Chapter 3

Understanding Equal
Opportunity and the Legal
Environment

3-1
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Chapter Challenges
1. Recognize why understanding the legal
environment is important
2. Become aware of conflicting strategies
for fair employment
3. Gain mastery of the equal employment
opportunity laws

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Chapter Challenges
4. Understand EEO enforcement and
compliance
5. Have familiarity with other important laws
6. Ensure avoiding pitfalls in EEO

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 The Managerial Perspective
Managers must understand the legal issues
when making the following decisions:
• Which employees to hire
• How to compensate employees
• What benefits to offer
• How to accommodate employees with dependents
• How and when to fire employees

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Understanding the Legal
Environment
Do the right thing

Realize the limitations of the

HR and legal departments

Limit potential liability

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 Challenges to
Legal Compliance
• A dynamic legal landscape
• The complexity of laws
• Conflicting strategies for fair
employment

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Conflicting Strategies for Fair
Employment

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 Equal Employment
Opportunity Laws
• The Equal Pay Act of 1963

• Title VII of The Civil Rights Act of 1964 and 1991

amendment

• The Age Discrimination in Employment Act of 1967

• The American with Disabilities Act of 1990

• The Vietnam Era Veterans Readjustment Act of 1974

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Title VII of the Civil Rights
Act of 1964

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Types of Discrimination
Illegal under Title VII
Disparate treatment

Adverse impact

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 Defense of
Discrimination Charges
• Job relatedness
• Bona fide occupational qualifications
(BFOQs)
• Seniority
• Business necessity

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 Title VII and Pregnancy
1978
• Title VII amended to include protection for
someone with the ability to become pregnant
and actual pregnancy

• Requires employers to treat a pregnant employee

in the same way as someone who has a medical
condition

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Sexual Harassment
Quid pro quo
Favor for a favor

Hostile work environment

Offensive and undesirable

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Reducing Liability

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How to Handle a Sexual
Harassment Investigation
Timeliness
Documentation
Employee agreement
Resolution
Findings of fact
Remedy
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EEO Laws Continued
The Civil Rights Act of 1991
Employer bears burden of proof
Prohibits quotas
Allows payment for punitive and
compensatory damages

Executive Order 11246, 1965

Prohibits discrimination by government and
government contractors
Required to develop affirmative action
programs

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EEO Laws Continued
The Equal Pay Act of 1963
Same pay for men and women
May differ based on quality or quantity of
production
Seniority plans exempt
Does not prohibit use of merit pay

The Age Discrimination in

Employment Act, 1967 (ADEA)
Protects employees age 40 and over

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 EEO Laws Continued
• American with Disabilities Act (1990)
o Protects those with disabilities
• Physical or mental
• Impaired major life activity

o Must provide reasonable accommodations for

essential job function
o Individual must be otherwise qualified for the job

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EEO Laws Continued
The Vocational Rehabilitation Act
of 1973

The Vietnam Era Veterans

Readjustment Act of 1974

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 EEO Enforcement and
Compliance
Regulatory Agencies
o Equal Employment Opportunity Commission
(EEOC)
• Processes discrimination complaints
• Issues written regulations and guidelines
• Collects and disseminates information
o Office of Federal Contract compliance Programs
(OFCCP)
• Actively monitors compliance

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 EEO Enforcement and
Compliance
Affirmative Action Plans
o Utilization Analysis
o Goals and Timetables
o Action Plans
Reverse Discrimination

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 Other Important Laws
• Immigration Reform and Control Act
of 1986
• Immigration Act of 1990
• Drug-Free Workplace Act of 1988
• Uniformed Services Employment and
Reemployment Rights Act of 1994

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 Avoiding Pitfalls of EEO
• Provide training
• Establish a complaint resolution
process
• Document decisions
• Be honest
• Ask only for information you need to
know

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 Summary and
Conclusions
• Why Understanding the Legal
Environment Is Important
• Challenges to Legal Compliance
• Equal Employment Opportunities
Laws
• EEO Enforcement and Compliance
• Other Important Laws
• Avoiding Pitfalls in EEO
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