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Understanding Equal

Opportunity and The Legal

Environment

Chapter 3

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Chapter 3 OverviewChapter 3 Overview

The Legal Environment Importance of Compliance Challenges of Compliance

Fair Employment Equal Employment Opportunity (EEO) Laws EEO Enforcement and Compliance Other Important Laws Avoiding EEO Pitfalls

Federal LegislationRegulatory Environment

• Age Discrimination in Employment Act

• Americans with Disabilities Act • Black Lung Benefits Act • Consolidated Omnibus Budget

Reconciliation Act • Copeland Act • Consumer Credit Protection Act• Contract Work Hours and Safety

Standards Act • Davis Bacon Act • Drug-Free Workplace Act • Employee Polygraph Protectionn• Employee Retirement Income

Security Act • Energy Employees Occupational

Illness Compensation Program• Equal Pay Act • Executive Order 11246 • Employee Polygraph Protection

• Employee Retirement Income Security Act

• Fair and Accurate Credit Transactions Act

• Fair Credit Reporting Act• Fair Labor Standards Act• Family and Medical Leave Act• Federal Employees' Compensation

Act• Federal Insurance Contributions Act • Federal Mine Safety and Health Act • Health Insurance Portability and

Accountability Act • Immigration Reform and Control• Imigration and Nationality Act • Labor-Management Reporting and

Disclosure Act• Long shore and Harbor Workers'

Compensation Act• Mental Health Parity Act• Migrant and Seasonal Agricultural

Worker Protection Act

• National Labor Relations Act• Newborns' and Mothers' Health

Protection Act • Occupational Safety and Health Act

Rehabilitation Act of 1973, Section 503

• Sarbanes-Oxley Act • Title VII of the Civil Rights Act• Uniform Guidelines on Employee

Selection Procedures • Uniformed Services Employment

and Reemployment Rights • Vietnam-Era Veterans Readjustment

Act • Walsh-Healy Act• Worker Adjustment and Retraining

Notification Act

New and/or Revised:FMLA – January 16, 2009

COBRA – February 17, 2009

Lilly Ledbetter – January 29, 2009

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Understanding the Legal Understanding the Legal EnvironmentEnvironment

Know the law to… Do the right thing Realize the limitations of the HR and legal

HR can’t fix manager’s messes Create a fair and humane environment Limit potential liability and costly lawsuits

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Challenges to Legal ComplianceChallenges to Legal Compliance

A Dynamic Legal Landscape

The Complexity of Laws

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Conflicting Strategies for Fair Conflicting Strategies for Fair EmploymentEmployment

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Equal Employment Opportunity LawsEqual Employment Opportunity Laws

The Civil Rights Acts of 1964 and 1991

The Equal Pay Act of 1963 The Age Discrimination in Employment Act of 1967

The Americans 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 1964Title VII of the Civil Rights Act of 1964

Employment decisions―not based on: Race, Color, Religion, Sex or National

Origin Protected classes defined

African American, Asian American, Native American, Latinos, and women

Discrimination Disparate treatment Adverse impact

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Title VIITitle VII ContinuedContinued

Four-fifths rule

Defense of Discrimination Charges Job relatedness BFOQ―Bona Fide Occupational Qualification Seniority Business necessity

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Title VII ContinuedTitle VII Continued

Title VII and Pregnancy (1978) Sexual Harassment

Quid pro quo (strict liability) Hostile work environment (reasonable care)

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Manager’s NotebookManager’s Notebook

Reducing Potential Liability for Sexual Harassment: Establish a written policy prohibiting harassment Communicate the policy to employees Train employees in what constitutes harassment Establish an effective complaint procedure Quickly investigate all claims Take remedial action to correct past harassment Make sure that the complainant does not end up

in a less desirable position if transferred Follow up to prevent continuation of harassment

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How to Handle a Sexual Harassment How to Handle a Sexual Harassment InvestigationInvestigation

Timeliness Documentation Employee agreement Resolution Findings of fact Remedy

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EEO Laws ContinuedEEO Laws Continued

The Civil Rights Act of 1991 Employer bears burden of proof Prohibits quotas Allows payment of punitive damages

Executive Order 11246 (1965) Prohibits discrimination by govt. and

govt. contractors Required to develop affirmative action

programs

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EEO Laws ContinuedEEO Laws Continued

The Equal Pay Act of 1963 Same pay to men and women in same job Can pay differently based on quality or

quantity of production Seniority plans exempt Does not prohibit use of merit pay

The Age Discrimination in Employment Act of 1967 Protects employees over age 40

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EEO Laws ContinuedEEO Laws Continued

Americans with Disabilities Act (1990) Protects those with disabilities

o Physical or mentalo That “impair a major life activity”

Must provide reasonable accommodation for essential job functions

Individual must be otherwise qualified for job

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Equal Employment Opportunity Laws Equal Employment Opportunity Laws ContinuedContinued

The Vocational The Vocational Rehabilitation Rehabilitation Act of 1973Act of 1973

The Vietnam Era The Vietnam Era Veterans Veterans Readjustment Readjustment Act of 1974Act of 1974

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EEO Enforcement and EEO Enforcement and ComplianceCompliance

Regulatory AgenciesEqual Employment Opportunity Commission (EEOC)o Process Discrimination complaintso Issue written regulations and guidelineso Collects and disseminates information

Office of Federal Contract Compliance Programs (OFCCP)

o Actively monitors compliance

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EEO Enforcement and EEO Enforcement and ComplianceCompliance

Affirmative Action Plans Utilization Analysis―compare:

o Organization’s workforce to o Demographic composition of labor force

Establish Goals and Timetables Action Plans

o Decide what steps to take Reverse Discrimination

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Other Important LawsOther 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 in EEOAvoiding Pitfalls in EEO

Provide Training Document Decisions Be HonestEstablish a Complaint Resolution Process

Ask Only for Info You Need to Know

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Summary and ConclusionsSummary and Conclusions

Lawsuits are costly Equal Employment Opportunity Laws

Pertain to both sexes and same sex issues Questions asked must be justifiable by the job

Courts upheld affirmative action complaints To defend a complaint, business must show:

Exercised reasonable care to prevent and correct sexual harassment problems Internal procedures were viable and plaintiff failed to

use them