Chapt03 Lecture

A L
Q U A
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NG A C
D I Y L A
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3 P O FE
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Need to Know
1. How three branches of government regulate HRM.

2. Major federal laws requiring equal employment
opportunity and federal agencies that it.
3. Ways employers can avoid illegal discrimination and
provide reasonable accommodation.
4. Sexual harassment and how employers prevent it.
5. Employer’s duties under Occupational Safety and Health
Act (OSHA) and its role.
6. Ways employers promote worker safety and health.
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Regulation of HRM
LEGISLATIVE EXECUTIVE JUDICIAL

BRANCH BRANCH BRANCH
• Has enacted a • Responsible • Interprets the
number of for enforcing law.
laws governing the laws. • The Supreme
HR activities. • Includes the Court is the
regulatory court of final
agencies that appeal.
the president • Its decisions
oversees. are binding.
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Equal Employment Opportunity (EEO)
Equal employment opportunity Federal government’s efforts

(EEO) – condition in which all in this area include:
individuals have an equal  constitutional
chance for employment, amendments
regardless of their race, color,  legislation
religion, sex, age, disability, or
 executive orders
national origin.
 court decisions
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Table 3.1
Summary of Major EEO Laws

and Regulations
EEO: Constitutional Amendments
Thirteenth Fourteenth
Amendment Amendment
• Abolished slavery in • Forbids states from
United States. taking life, liberty, or
• Has been applied in property without due
process of law.
cases where
• Prevents states from
discrimination
denying equal protection
involved symbols and
of discrimination.
incidents of slavery.
• Applies to decisions or
actions of government or
private groups.
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EEO: Legislation
Civil Rights Acts
Equal Pay Act (1963)
(1866 & 1871)
• Civil Rights Act of 1866 • Men and women in an
granted all persons same organization doing the
property rights as white same work must be paid
citizens. equally.
• Civil Rights Act of 1871 • Equal is defined in terms of
granted all citizens right to skill, effort, responsibility,
sue in federal court if they and working conditions.
feel they have been
deprived of some civil right.
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EEO: Legislation
Title VII Civil Rights Act Age Discrimination in
(1964) Employment Act (ADEA)
• Prohibits employers from • Prohibits discrimination
discriminating based on: against workers who are
– Race over the age of 40.
– Color • Age discrimination
– Religion complaints make up a large
percentage of complaints
– Sex
filed with EEOC.
– National origin
• Applies to organizations
that employ 15 or more.
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Figure 3.1
Age Discrimination Complaints, 1999–2013
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EEO Legislation
Vocational Rehabilitation Vietnam Era Veteran’s
Act (1973) Readjustment Act (1974)
• Covered organizations must • Requires federal
engage in affirmative action contractors and
for individuals with subcontractors to take
disabilities. affirmative action toward
• Employers are encouraged employing veterans
to recruit qualified Vietnam War veterans.
individuals with disabilities • Covers veterans who
and make reasonable served between August 5,
accommodations to them. 1964 and May 7, 1975.
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Affirmative Action
An organization’s active effort to find

opportunities to hire or promote
people in a particular group.
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EEO Legislation
Americans with
Pregnancy Disabilities Act (ADA)
Discrimination Act (1978) of 1990
• Defines discrimination on • Protects individuals with
the basis of pregnancy, disabilities from being
childbirth, or related form discriminated against in
of medical condition to be the workplace.
a form of illegal sex • Prohibits discrimination
discrimination. based on disability in all
• Benefits, including health employment practices.
insurance, should cover • Employers must take
pregnancy and related steps to accommodate
medical conditions in the individuals covered by
same way as other the act.
medical conditions.
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Figure 3.2
Disabilities Associated with Complaints Filed under ADA
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EEO Legislation
Uniformed Services
Civil Rights Act (1991) Rights Act
• Adds compensatory and • Employers must reemploy
punitive damages in cases of workers who left jobs to
discrimination under Title VII fulfill military duties for up
and ADA. to five years.
• Amount of punitive • Should be in the job they
damages is limited by the would have held if they
act and depends on size of had not left to serve in the
the organization charged military.
with discrimination.
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Table 3.2
Maximum Punitive Damages Allowed Under the
Civil Rights Act of 1991
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Genetic Information Nondiscrimination
Act of 2008 (GINA)
 Employers may not use genetic information in
making decision related to terms, conditions, or
privileges of employment
 Includes a person’s genetic tests, genetic test of
the person’s family members, and family medial
histories
 Forbids unintentional collection of this data
 Forbids harassment of employee because of
genetic information
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EEO Legislation
Executive Order 11246 Executive Order 11478

• Prohibits federal • Requires federal
contractors and government to base all its
subcontractors from employment decisions on
discriminating based on merit and fitness.
race, color, religion, sex, or • Also covers organizations
national origin. doing at least $10,000
• Employers whose worth of business with
contracts meet minimum federal government.
size requirements must
engage in affirmative
action.
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The Government’s Role in Providing For
EEO: (EEOC)
Responsible for enforcing most of EEO laws.
• Investigates and resolves complaints about
discrimination
• Gathers information
• Issues guidelines
• Monitors organizations’ hiring practices
Complaints must be filed within 180 days of incident.
EEOC has 60 days to investigate complaint.
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Figure 3.3
Types of Charges Filed with EEOC
Total Charges: $93,727
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Government’s Role in Providing For EEO:
Office of Federal Contract Compliance Procedures
(OFCCP)
• Responsible for enforcing executive orders that cover
companies doing business with federal government.
• Audits government contractors to ensure they are
actively pursuing goals in their affirmative action
plans.
• Plan must include utilization analysis, goals and
timetables and action steps.
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Businesses’ Role in Providing for EEO: Avoiding
Discrimination
Bona Fide Occupational
Disparate Treatment
Qualification (BFOQ)
Differing treatment of • A necessary (not merely
individuals based on the preferred) qualification for
individuals’ race, color, performing a job.
religion, sex, national origin, • Supreme Court has ruled
age, or disability status. that BFOQ’s are limited to
policies directly related to a
worker’s ability to do the
job.
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Businesses’ Role in Providing for EEO:
Avoiding Discrimination
Disparate Impact Four-Fifths Rule

A condition in which • Rule of thumb that finds
employment practices are evidence of discrimination
seemingly neutral yet if an organization’s hiring
disproportionately exclude a rate for a minority group is
protected group from less than four-fifths the
employment opportunities. hiring rate for the majority
group.
• Compares rates of hiring,
not numbers of employees
hired.
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Figure 3.4: Applying the Four-Fifths Rule
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Test Your Knowledge
True = A False = B
 During an interview it is legal to ask only
women if they have child-care needs.
 Hiring only men to model male underwear is
legal.
 If a company unintentionally hires a
disproportionate number of non-minorities,
they can be held liable for discrimination.
 Organizations can screen candidates using a
test that reliably predicts on-the-job
performance.
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Reasonable Accommodation: An employer’s

obligation to do something to enable an otherwise
qualified person to perform a job.
• Companies should recognize needs based on
individuals’ religion or disabilities.
• Employers may need to make such accommodations
as adjusting work schedules or dress codes, making
the workplace more accessible, or restructuring jobs.
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Figure 3.5
Reasonable Accommodation under the ADA
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Sexual Harassment: refers to unwelcome sexual advances,

requests for sexual favors, and other verbal or physical
contact of a sexual nature when:
•Submission to such conduct is made explicitly or implicitly a term of
condition of an individual’s employment,
•Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual, or
•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:

• Developing and communicating a policy that defines
and forbids it
• Training employees to recognize and avoid this
behavior
• Providing a means for employees to complain and
be protected
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Test Your Knowledge
A male manager frequently engages in sexual

activity with selected female subordinates. Other
women in this work environment who are not
involved with the manager complain of sexual
harassment due to favoritism. Do they have a case?
A. No, because they were not directly discriminated
against.
B. No, because the contact was consensual.
C. Yes, because the manager is making others feel
uncomfortable.
D. Yes, because any consensual relationship in the
workplace among employees is prohibited.
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Workplace Safety:
Occupational Safety and Health Act (OSH Act)
Authorizes federal government to establish and

enforce occupational safety and health standards for
all places of employment engaging in interstate
commerce.
• Established (OSHA). Responsible for:
 Inspecting employers
 Applying safety and health standards
 Levying fines for violation
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Workplace Safety:
Occupational Safety and Health Act (OSH Act)
General Duty Clause Specific Duties

• Each employer has a • Employers must keep
general duty to furnish records of work-related
each employee a place of injuries and illnesses.
employment free from • Employers must post and
recognized hazards that annual summary of these
cause or are likely to cause records from February 1 to
death or serious physical April 30 in the following
harm. year.
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Figure 3.6
OSHA Form
Employee Rights Under the OSH Act
Employees have the right to:

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 work site.
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Enforcement of the OSH Act
• OSHA is responsible for
inspecting businesses,
applying safety and
health standards, and
levying fines for
violations.
• OSHA regulations
prohibit notifying
employers of
inspections in advance.
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What’s the Priority?
Which of the following has FIRST priority for

inspection by OSHA officials?
A. Catastrophes and fatal accidents
B. Employee complaints
C. High-hazard industries
D. Imminent danger
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Figure 3.7
Rates of Occupational Injuries

and Illnesses
Top 10 Causes of Workplace Injuries
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Employer-Sponsored Safety & Health Programs:
Identifying & Communicating Job Hazards
Job Hazard Analysis Technic of Operations

Technique Review (TOR)
• Safety promotion • Method of promoting
technique that involves safety by determining
breaking down a job into which specific element of a
basic elements, then rating job led to a past accident.
each element for its
potential for harm or injury.
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Employer-Sponsored Safety and Health
Programs
Promoting Safety
Reinforcing Safe Practices
Internationally
• Implementing a safety • Cultural differences make
incentive program to this difficult.
reward workers for their • Laws, enforcement
support of and practices, and political
commitment to safety climates vary from country
goals. to country.
• Start by focusing on • Companies may operate in
monthly or quarterly goals. countries where labor
• Encourage suggestions for standards are far less strict
improving safety. than in U.S.
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Summary
• HRM is regulated by the three branches of

government:
–Legislative branch develops and enacts laws
–Executive branch and its regulatory agencies
implement the laws
–Judicial branch hears cases related to employment
and interprets the law
• EEOC is responsible for enforcing most EEO
laws. It investigates and resolves complaints,
gathers information, and issues guidelines.
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Summary (continued)
Major federal laws Vocational Rehabilitation

requiring EEO: Act of 1973
• Civil Rights Acts of 1866 • Vietnam Era Veteran’s
and 1871 Readjustment Act of 1974
• Equal Pay Act of 1963 • Pregnancy Discrimination
• Title VII of the Civil Rights Act of 1978
Act of 1964 • Americans with Disabilities
• Age Discrimination in Act (1990)
Employment Act
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Summary (continued)
• Civil Rights Act (1991) Executive Orders:

• Uniformed Services • Executive Order 11246
Employment and • Executive Order 11478
Reemployment Act (1994)
Constitutional Amendments:
• Thirteenth Amendment
• Fourteenth Amendment
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Summary
• Office of Federal Contract Compliance Procedures

(OFCCP) is responsible for enforcing executive orders
that call for affirmative action by companies that do
business with the federal government.
• Employers can avoid discrimination by avoiding
disparate treatment of job applicants and employees,
as well as policies that result in disparate impact.
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Summary (continued)
• Affirmative action may correct past discrimination,

but quota-based activities can result in charges of
reverse discrimination.
• To provide reasonable accommodation, recognize
needs based on individual’s religion or disabilities.
• Organizations can prevent sexual harassment by
communicating a policy that defines and forbids it,
training employees to recognize and avoid this
behavior, and providing a means for employees to
complain and be protected.
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Summary (continued)
• Under OSHA, employers have a general duty to

provide employees a place of employment free from
recognized safety and health hazards.
• OSHA publishes regulations and conducts
inspections.
• Besides complying with OSHA regulations, employers
often establish safety awareness programs designed
to instill an emphasis on safety.
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A L

1. How three branches of government regulate HRM.

LEGISLATIVE EXECUTIVE JUDICIAL

Equal employment opportunity Federal government’s efforts

Summary of Major EEO Laws

An organization’s active effort to find

Executive Order 11246 Executive Order 11478

Disparate Impact Four-Fifths Rule

Reasonable Accommodation: An employer’s

Reasonable Accommodation under the ADA

Sexual Harassment: refers to unwelcome sexual advances,

• Organizations can prevent sexual harassment by:

A male manager frequently engages in sexual

Authorizes federal government to establish and

General Duty Clause Specific Duties

Employees have the right to:

Which of the following has FIRST priority for

Rates of Occupational Injuries

Job Hazard Analysis Technic of Operations

• HRM is regulated by the three branches of

Major federal laws Vocational Rehabilitation

• Civil Rights Act (1991) Executive Orders:

• Office of Federal Contract Compliance Procedures

• Affirmative action may correct past discrimination,

• Under OSHA, employers have a general duty to

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