Chapter 3

The Legal Environment:

Equal Employment Opportunity and
Safety

Copyright 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Learning Objectives
1. Identify the three branches of government and
the role each plays in influencing HRM legal
environment.

2. List major federal laws that require equal

employment opportunity (EEO) and protections

provided by each of these laws.

3. Discuss roles, responsibilities, and requirements

of the federal agencies responsible for EEO laws.

4. Identify three theories of discrimination under

Title VII of the Civil Rights Act and apply these

theories to different discrimination situations.
3-2

Learning Objectives, cont.

5. Discuss legal issues involved with preferential
treatment

programs.

6. Identify behavior that constitutes sexual

harassment and list things than an
organization can do to eliminate or minimize
it.

7. Identify major provisions of the Occupational

Safety and Health Act (OSHA) (1970) and
rights of employees guaranteed by this act.

3-3

U.S. Legal System

Legislative
Branch
Executive
Branch

3
Branche
s

Judicial
Branch

3-4

Legislative Branch

3-5

Executive Branch

3-6

Judicial Branch

3-7

Equal Employment Opportunity

(EEO)
EEOthe government's attempt to ensure

that all individuals have an equal chance

for employment, regardless of race, color,
religion, sex or national origin.

Constitutional Amendments:
13th Amendment - abolished slavery
14th Amendment - provides equal
protection for all citizens and requires
due process in state action.

3-8

Congressional Legislation
Civil Rights Acts (1866 and 1871)
Equal Pay Act of 1963
Title VII of the Civil Rights Act of
1964

Age Discrimination in Employment

Act of 1967

Rehabilitation Act of 1973

3-9

Congressional Legislation
Vietnam Era Veterans
Readjustment Act of 1974

Pregnancy Discrimination Act

Civil Rights Act of 1991
Americans with Disabilities Act of
1990

3-10

Disability
According to EEOC, a disability is a
physical or mental impairment that

substantially limits one or more major

life activity; a record or past history of
such an impairment; and/or being
regarded as having a disability by an
employer whether you have one or not,
usually in terms or hiring, firing or
demotion

3-11

Executive Orders
Executive Order 11246 Prohibits government
contactors from discrimination
Executive Order 11478 government employment
policies based on merit
and fitness

3-12

Enforcement of EEO
Two agencies responsible for enforcement
of these laws and executive orders:

3-13

Equal Employment Opportunity

Commission
3 major responsibilities of EEOC:
1. Investigate and resolve discrimination
complaints
2. Gather information
3. Issue guidelines
Lilly Ledbetter Fair Pay Act

3-14

Office of Federal Contract

Compliance Programs (OFCCP)

3-15

Disparate
Impact

Disparate
Treatment

Reasonable
Accommodation
3-16

Disparate Treatment
Disparate treatment exists when
individuals in similar situations are treated
differently based upon race, color, religion,
sex, national origin, age, or disability
status.
Bona fide occupational qualifications
(BFOQ) is a job qualification based on race,
sex, religion, etc. that an employer asserts
is a necessary qualification for the job.
UAW v. Johnson Controls, Inc.
McDonnell Douglas Corp. v. Green.
3-17

Burden of Proof
Plaintiff has the burden of proving that the
defendant committed an illegal act; the
idea of a prima facie case. Plaintiff meets
prima facie burden by showing four things:
1. Plaintiff belongs to a protected group.
2. Plaintiff applied for and was qualified for the job.
3. Despite possessing qualifications, plaintiff was rejected.
4. After plaintiff was rejected, the position remained open
and the employer continued to seek applicants with similar
qualifications, or the position was filled by someone with
similar qualifications.

3-18

Disparate Impact
Disparate impact occurs when a neutral
employment practice disproportionately
excludes a protected group from
employment opportunities.
Four-fifths rule
Standard deviation rule
Wards Cove Packing Co. v. Atonio
Griggs v. Duke Power

3-19

Pattern and Practice

Plaintiffs attempt to show three things in
showing class action pattern and practice
lawsuits:
1. Statistical
Statisticaldisparities
disparities
between
between
thethe
composition
composition
of some
of some
group
group
within
within
the
the
company
company
compared
compared
toto
some
some
other
other
relevant
relevant
group
group
2. Plaintiff tries to show individual acts of intentional
intentional
discrimination
that
discrimination
suggest that the
that
statistical
suggest that
disparity
the statistical
is a function
disparity
of the is
larger
a
culture.
function of the larger culture.
3. Plaintiff usually tries to make the case that the promotion and/or
pay
pay
procedures
procedures
leave
leave
too
too
much
much
discretion
discretion
toto
managers,
managers,
providing
providing
the
the
avenue
avenue
through
through
which
which
their
their
unconscious
unconscious
biases
biases
can
can
play
play
a part.
a
part.

3-20

Reasonable Accommodation
Reasonable Accommodation - places a
special obligation on an employer to
affirmatively accommodate an individuals
disability or religion.
Religion and Accommodation
Disability and Accommodation

readily accessible facilities

job restructuring
reassignment
alternative testing formats, readers, additional time,
interpreters, or reading assistance technology
own accommodation etc.
3-21

Retaliation for Participation and

Opposition
Title VII states that employers cannot
retaliate against employees for either
"opposing" a perceived illegal
employment practice or "participating in a
proceeding related to an alleged illegal
employment practice.

Employees do not have an unlimited right

to talk about how racist or sexist their
employers are.
3-22

Diversity and EEO ISSUES

Sexual Harassment
Affirmative Action
and
Reverse Discrimination
Outcomes of Americans
with Disabilities Act
3-23

Sexual Harassment
Sexual harassment - unwelcome sexual
advances, requests for sexual favors, and
other verbal or physical contact of a sexual
nature constitute sexual harassment when
1. Submission to such conduct is made either explicitly
or implicitly a term or condition of an individuals
employment,
2. Submission to or rejection of such conduct by an
individual is used as the basis of employment
decisions affecting such individual, or
3. Such conduct has the purpose or effect of
unreasonably interfering with an individuals work
performance or creating an intimidating, hostile, or
offensive working environment.
3-24

Sexual Harassment

3-25

Sexual Harassment
3 conditions for sexual harassment cases:
1. Plaintiff cannot have "invited or incited" the
advances
2. Harassment must have been severe enough to
alter terms, conditions or privileges of
employment
3. Court must determine liability of the organization
for actions of its employees

Preventative steps include development of a

policy statement, training, a reporting mechanism
and disciplinary policy.
3-26

4 Steps to Ensure a Workplace

Free of SH
Policy Statement
Training
Reporting mechanism
Prompt disciplinary action

3-27

Affirmative Action and Reverse

Discrimination
Affirmative Action was conceived as
a way of taking extra effort to attract
and retain minority employees.
Imposed quota programs.
Entire debate over affirmative action continues
to evoke attention.

3-28

Americans with Disabilities Act

(ADA)
Under ADA, a firm must make "reasonable

accommodation to a physically or mentally

disabled individual unless doing so would impose
"undue hardship.

Consequences of ADA:
Increased litigation
Cases being filed do not reflect Congressional intent
Act was passed to protect people with major
disabilities
The law has not resulted in a major increase in the
proportion of people with disabilities who are
working.

3-29

Employee Safety
Employee safety is regulated by
both federal and state
governments.
BP refinery in Texas City, Texas

Occupational Safety and Health

Act (OSHA)
General Duty Clause

3-30

Employee Rights under OSHA

1. Request an inspection.
2. Have a representative present at
inspection.
3. Have dangerous substances identified.
4. Be promptly informed about exposure
to hazards and given access to
accurate records regarding
exposures.
5. Have employer violations posted at
work-site.

3-31

OSHA Inspections
Citations and Penalties
OSHA inspections are conducted by
compliance officers, specially trained
Department of Labor agents.

Violation results in a citation to the

employer.

Criminal and civil penalties

3-32

Safety Awareness Programs

Safety Awareness Programs attempt to
instill symbolic and substantive changes
to a safety program.
3 Components of a Safety Awareness
Program:
1. Identify and Communicate Job Hazards
Job hazard analysis technique
Technic of Operations Review (TOR)
2. Reinforce Safe Practices
3. Promote Safety Internationally
3-33

Summary
One of HRMs major challenges is the
legal constraints imposed by the
government.

HR and line managers need to

understand legal requirements and
prohibitions to manage in ways that are
financially and ethically sound, and in
so doing create a competitive
advantage.
3-34