Transcript Chapter 2
Equal Opportunity &
The Legal Framework
Equal Employment Opportunity
Ensuring that the process of employment
and the employee employer relationships
are fair and balanced.
Equal Employment Opportunity
Balance the employers demand for flexibility with
the employees hope for security.
Equally important, education and training are
seen as a way not only of helping individuals to
become more adaptable in their present
employment, but also of providing opportunities
to acquire knowledge and skills so that they can
find alternative employment should the number
of jobs be reduced in their present workplace.’
EEO Legislation
Directives that have been adopted in the
field of social policy covering;
equal opportunities,
employment protection,
working conditions,
health and safety at work and
employee relations
Equal Employment Legislation
Aimed at dealing with
Discrimination due to race, color, religion, sex, or
national origin
Equal pay for men and women doing same work
Protection against a person 40 over from age
discrimination and pregnant women
Affirmative action to employ and promote
qualified handicapped persons, veterans
Employers need to make reasonable
accommodations for disabled individuals
Arbitration and the burden of proof on employer
Equal Employment Legislation
Contd…
Employment and remuneration
Health and safety
Working conditions
Consultation of workers
Social security and protection of workers
Contracts and termination
The Labour Act
Employment and security of service
Classification of work and jobs and the
contractual obligations
Working conditions – hours
Remuneration
Welfare
Provisions for special types of enterprises
Conduct and punishment
Committee, officers and other
Central Labour Advisory Board
Labour coordination committee
Appointment of labour officer
Welfare Officer 1/250 workers
Labour court or Appellate court
Americans With
Disabilities Act (ADA)
A physical or mental impairment
that substantially limits a major
life activity
Includes physiological conditions,
cosmetic disfigurement and loss of
any body systems
Does not count alternate lifestyle,
gambling, pyromania, or illegal drug
use
ADA
Qualified individuals:
Reasonable accommodation:
Protected from discrimination if reasonable
accommodation allows performance of essential job
functions
redesigning a job
modifying schedules
modifying equipment
Mental impairments:
Any mental or psychological disorder
Employer ???
Can an employer:
Deny a disabled person a job?
Be mandated to lower its existing uniform
job standards?
Ask about disabilities prior to hiring?
Have different medical exams for current
employees versus disabled employees?
ADA in Practice ???
Employers should ask:
Does the employee have a disability that limits a major
life activity?
Is a disabled employee qualified for a job?
Can the employee perform the essential functions of a
job?
Can any reasonable accommodation be provided
without creating undue hardship on the employer?
Is the disability permanent ?
Sexual Harassment
Harassment on the basis of sex that
has the purpose or effect of
substantially interfering with a
person’s work performance or
creating an intimidating, hostile, or
offensive work environment.
Sexual Harassment
Employers have a duty to keep workplace free of
sexual harassment and intimidation
Sexual harassment can be shown in three ways
Quid Pro Quo
Hostile environment created by supervisors
Hostile environment created by co-workers or nonemployees
What’s an Employee to Do?
File verbal complaint
File a written report
Turn to local EEOC
office to file a complaint
Consult legal counsel
What’s an Employer to Do?
Two questions are asked by the courts when
determining liability:
1.
2.
Did the company know or should it have known that
harassment was present?
Did the company take any action to stop the
harassment?
Steps employees can take
Treat complaints seriously
Condemn behavior
Inform employees
Develop complaint
procedure
Establish a response
system
Increase supervisors
awareness
Discipline
Keep records
Conduct exit interviews
Publish policy
Encourage upward
communication
Sample Sexual Harassment
Policy
Discriminatory Employment Practices
Recruitment practices
Word of mouth
Misleading information
Help wanted gender ads
Discriminatory Employment Practices
Selection standards
Educational requirements
Tests which disproportionately screen minorities
Preference to relatives
Physical characteristics requirements
Arrest records
Certain personal information
Discharge due to garnishment
Diversity Works
race
gender
handicap
culture
national origin
age
Why Workplace Diversity Is Strategic
Better business decisions
Handling challenges
Company growth
Globalization
How to Encourage
Diversity
Written philosophy
Evaluate
Recruit
Interact with representative minority
groups and networks
Voluntary affirmative action
Two Useful Strategies in
Affirmative Action Design
Good faith effort: employment aimed at
changing practices that have contributed in
the past to excluding or underutilizing
protected groups
Quota strategy: employment strategy
aimed at mandating the same results as the
good faith effort strategy through specific
hiring and promotion restriction.