Transcript EMPLOYMENT
Legal Environment refers to the responsibility of organizations and managers to keep the work environment free from discrimination everyone has the right to: obtain work earn a fair wage be treated fairly in all aspects of employment An attitude of hostility directed against an individual, a group, or race because of their supposed characteristics. those emotional beliefs (usually unfavorable whereby a person literally prejudges members of a particular group Typical examples include: ethnicity gendersexual preference age Old (initial) definition committing harmful acts against a person because he/she belongs to a group that is disliked 2nd version different or disparate treatment Current version disparate effect or unequal consequences Indirect or unintentional adverse impacts on members of one group who are deprived employment opportunities because of a particular rule or practice requiring a high school degree in order to work as a part time laborer would rule out a disproportionate number of blacks and nationalized citizens because fewer graduate Civil Rights Act of 1964 violations include sexual harassment, ethnicity, religion Equal Opportunity Act Age Discrimination in Employment Act Executive Orders 11246 and 11375 Vocational Rehab Act of 1973/74 ◦ Americans with Disabilities Act, 1990 Pregnancy Discrimination Act (1978) ADA (and the amendment of the Civil Rights Act in 1991 that allowed compensatory and punitive damages) Family and Medical Leave Act (1991) Congress Accountability Act (1995) Cornerstone of EEO employment http://www.EEOC.gov/ this law makes it unlawful for employers to hire, refuse to hire, discharge or discriminate in employment practices because of race, color, religion, sex or national origin excludes BFOQ’s (bonafide occupational qualifications) excludes seniors, disabled and sexual preference exempt employers less than 15 employees certain private clubs amended the equal pay act of 1963 and the Fair Labor Standards Act of 1938 ◦ Employers are required to pay equal wages to men and women performing similar work The Equal Employment Opportunity Commission was formed to enforce the Civil Rights Act Amendments in the Equal Employment Opportunity Act of 1972 empowered the EEOC to take organizations not in compliance to Federal Court Investigation ◦ investigates complaints Conciliation ◦ if probable cause is found the EEOC will attempt to settle the dispute Litigation ◦ when conciliation fails, the EEOC may file suit prohibits job discrimination in workers between the ages of 40 and 70 ◦ applies to private employers with more than 20 employees ◦ 1978 amendments raised the forced retirement age from 65 to 70 11246 (Johnson) bans discrimination by government contractors who receive payments in excess of $10,000/year 11375 amends 11246 to cover disabled workers as well ◦ requires affirmative action plans of these employers Requires employers with contracts or subcontracts over $2,500 to include affirmative action clauses in contracts specifically addresses the disabled Sexual harrassment is a form of sex discrimination that violates the Civil Rights Act of 1964 Responsibility lies with the employing agency and the supervisor to provide a work environment free from unwelcome sexual advances and conduct that affects an employee’s work. Questions about sexual harassment the victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex the harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker or a non-employee the victim does not have to be the person harassed but could be anyone affected by the offensive conduct unlawful sexual harassment can occur without economic injury or discharge to the victim the harasser’s conduct must be unwelcome Sexual harassment is generally defined as any unwanted or offensive behavior of a sexual nature. Often times when we think of sexual harassment, we think of a situation wherein an employee is offered an advancement in his or her career in exchange for sexual favors, which is called quid pro quo harassment. However, there are various other situations that constitute sexual harassment in the workplace. For example, the creation of what’s known as a hostile environment for a worker on the basis of that worker’s gender, sex, religion or other protected status, is another type of sexual harassment. Recourse is available for the harassed worker through a claim with the Equal Opportunity Employment Commission (EEOC) or through a civil lawsuit. ADA makes it unlawful for an employer, with 15 or more employees, to discriminate against qualified individuals with disabilities with respect to hiring, compensation, terms, conditions, and privileges of employment. The act is enforced by the EEOC ADA stories ADA questions and answers ADA applies to persons with major life limiting impairments disabled persons are “qualified” if they can perform essential functions NO preference is required Reasonable accomodations include: ◦ modifiying the workplace or equipment ◦ and work schedules, training programs or acquiring assistive equipment, etc.. ◦ also reassignment to a more doable job FMLA requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave within any 12 month period, to employees for the care of a newborn or adopted child, a seriously ill family member, or for treatment of care of the employee’s own medical condition. enforced by the Wage and Hour Division of the Department of Labor in 1995, Congress extended coverage to itself of the eleven equal opportunity laws that it was previously exempt from Typical Employment Law Issues The Contract Work Hours and Safety Standards Act The Employee Polygraph Protection Act (EPPA) Executive Order 11246 The Fair Labor Standards Act (FLSA) The Family and Medical Leave Act (FMLA) The Rehabilitation Act of 1973, Section 503 Uniformed Services Employment and Reemployment Rights Act (USERRA) Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Whistleblower Protections compliance Not the required poster !!