Please answer the questions on the template attached.
Assignment #3 – Chapter 3
Please answer these questions to the best of your ability using the information that you gathered from
reading the chapter, along with information from your own work experience.
1. Give me three reasons why it is important to know about HR-related laws even if you are not
going to be a human resource manager yourself? Explain your answers.
2. Please go to Google News (http://news.google.com) and search for EMPLOYMENT
DISCRIMINATION LAWSUIT.
a. Please summarize one of the stories that you found where an employee has sued an employer for
discrimination. Please include a reference for the article.
b. From what you know form reading the case and what you read in the story, do you think the
plaintiff(s) have a valid case of discrimination against the organization they are suing? Why or why
not? What HR-related law would back-up your decision? How would the law apply?
http://news.google.com/
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Human Resource Management: Functions, Applications, Skill
Development by Robert N. Lussier and John R. Hendon Chapter
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 20
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SAGE Pub lications, Inc.
The Legal Environment for HRM – Protecting
Your Organization
A primary responsibility of an HR manager is to assist
in avoiding any discriminatory situations that can
create legal, ethical or social problems with employees,
former employees, the community or other
stakeholders.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
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Discrimination vs. Illegal Discrimination
Discrimination is the act of making distinctions, or
choosing one thing over another; in HR, it is
making distinctions among people.
Illegal discrimination is making distinctions that
harm people by inappropriately using a person’s
membership in a protected class as a basis for an
employment decision.
The Legal Environment and Diversity Management
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The OUCH Test
Use it to maintain fairness and equity, whenever
contemplating any employment action.
bjective – fact-based and quantifiable.
niform in application – apply the same “tests” in
the same ways.
onsistent in effect – ensure the result is not
significantly different for different groups.
as job relatedness – action MUST relate to the
essential job functions.
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The Legal Environment and Diversity Management
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The 4/5ths Rule
Is used by Federal courts, the Department of Labor
and the EEOC to determine whether disparate
impact exists in an employment test.
If the test results disproportionately rule out a
protected population, then it is not consistent
in effect.
The 6/5ths rule can be used to determine the
possibility of reverse discrimination.
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The Legal Environment and Diversity
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Major Federal Employment Laws
(Note: State and Local Laws May Be Different)
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Equal Pay Act of 1963
Requires that women who do the same job as men
(“equal skill, effort, and responsibility, and
performed under similar working conditions”), in
the same organization, receive the same pay.
Pay differences that result from differences in
seniority, merit, quantity or quality of production,
or any factor other than sex (e.g., shift
differentials, training programs), are legally
allowable.
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The Legal Environment and Diversity
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Title VII of the Civil Rights Act (CRA) of 1964
It is illegal for an employer to fail or refuse to hire or to
discharge or otherwise discriminate against any
individuals with respect to compensation, terms,
conditions, or privileges of employment, due to race,
color, religion, sex, or national origin;
Or to limit, segregate, or classify employees or
applicants in any way that deprives them of
employment opportunities, or otherwise adversely
affects their employment status due to race, color,
religion, sex, or national origin.
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The Legal Environment and Diversity
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Title VII of the Civil Rights Act (CRA) of 1964
Applies to organizations involved in interstate commerce,
with 15 or more employees who work 20+ weeks a year.
Introduced important concepts:
Disparate Treatment.
Disparate (a.k.a. Adverse) Impact.
Pattern or Practice.
Bona Fide Occupational Qualification (BFOQ).
Business necessity.
Job relatedness.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Types of Discrimination Addressed by Title VII
Disparate (Adverse) Treatment – when an employee
is intentionally treated differently based on his/her
membership in a protected class.
Disparate (Adverse) Impact – when an officially
neutral employment practice disproportionately
and unintentionally excludes members of a
protected group.
Pattern or Practice – when an employer engages in
actions over time that intentionally deny the rights
provided by Title VII to a member of a protected
class.
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The Legal Environment and Diversity
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
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The Legal Environment and Diversity
Management
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The Age Discrimination in Employment Act of
1967 (ADEA)
Prohibits discrimination against employees age 40
or older in organizations that have 20 or more
workers.
Enacted to protect older workers, who tend to
have higher salaries, from being fired so
employers can replace them with younger
workers who make significantly less money.
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Vietnam Era Veterans Readjustment Assistance
Act (VEVRAA) of 1974
Employers with Federal contracts/subcontracts of
$100,000 or more must provide equal opportunity
and affirmative action for Vietnam era veterans,
special disabled veterans, and veterans who served
on active duty during a war, campaign or
expedition.
Enacted to protect Vietnam War soldiers who
were discriminated against because U.S. public
opinion was strongly opposed to the war.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Pregnancy Discrimination Act of 1978 (PDA)
Under Title VII, it requires employers to treat
pregnant women the same as they treat any
employee with a medical condition with respect to
employment-related purposes.
Enacted because in the 1970s, companies started
lowering their health insurance costs by
excluding pregnancy from their policies.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Americans with Disabilities Act (ADA)
of 1990 as Amended in 2008
Prohibits discrimination based on disability and
applies to virtually all employers with 15 or more
employees.
Requires employers to make “reasonable
accommodation” to individuals with disability, if
they are otherwise qualified to perform the
“essential functions” of the job, unless it imposes
an “undue hardship” on the organization.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Civil Rights Act of 1991
Corrects major omissions of the 1964 CRA and
overturns several U.S. Court decisions.
Allows compensatory and punitive damages
when intentional or reckless discrimination is
proven.
Prohibits “discriminatory use”, also called race-
norming, of test scores.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA)
Insures civilian reemployment rights of military
members who were called away from their non-military
jobs by U.S. government orders.
The Veteran’s Benefits Improvement Act of 2004
(VBIA)
Extends employers’ requirement to maintain health
care coverage for up to 2 years for employees serving
on active duty, and requires employers to post a notice
of benefits, duties, and rights under USERRA/VBIA.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Title II of the Genetic Information
Nondiscrimination Act of 2008
Prohibits the use of genetic information in employment
and the intentional acquisition of genetic information
about applicants and employees, and imposes strict
confidentiality requirements.
Enacted to prevent employers from using results of
genetic tests to discriminate against applicants and
employees when their test results indicate they may
contract a certain disease or disorder in the future.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Lilly Ledbetter Fair Pay Act of 2009 (LLFPA)
Adds a provision to amend Title VII that extends the
period of time in which an employee is allowed to
file a compensation discrimination lawsuit to within
180 days after “any application” of a discriminatory
compensation decision.
This includes every time an individual gets paid, as
long as the discrimination is continuing.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The Immigration and Nationality Act of 1952
(INA)
Allows employment of immigrant workers in certain
specialty occupations such as engineers, teachers,
computer programmers, medical doctors, and
physical therapists.
Also specifies requirements to apply for such
employment and annual limits to the number of
workers who can apply for work visas in these
specialty occupations.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The Immigration Reform and Control Act of
1986 (IRCA)
Requires that employers only hire individuals who
are authorized to work legally in the U.S.
Prohibits employers from knowingly hiring
undocumented workers and requires employers
to verify each employee’s eligibility for
employment.
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The Legal Environment and Diversity
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The Equal Employment Opportunity
Commission (EEOC)
The federal agency that enforces Federal Equal
Employment Opportunity (EEO) laws.
Investigates and resolves discrimination complaints
through either conciliation or litigation.
Gathers and compiles statistical information on such
complaints.
Provides education and outreach programs on what
constitutes illegal discrimination.
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The Legal Environment and Diversity
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Employee Rights under EEOC
To bring discrimination complaints against an
employer by filing a complaint with the EEOC.
To participate in an EEOC investigation, hearing
or other proceeding without threat of
retaliation.
To the arbitration and settlement of the
complaint.
To sue the employer directly.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Employee Rights under EEOC
All employees who work in the U.S. or its territories
are protected by EEOC laws whether they work for a
U.S. or foreign employer.
U.S. citizens employed outside the U.S. by a U.S.
employer, or a foreign company controlled by an U.S.
employer, are protected by Title VII, the ADEA, and
the ADA unless adherence violates a law of the
country where the workplace is located.
When U.S. citizens are employed by a foreign
company in a country other than the U.S., the laws of
that country apply.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Employer Prohibitions under EEOC
To retaliate against employees who participate in
an EEOC action.
To creating a hostile work environment that
results in the employee quitting or resigning from
the company because continued employment
becomes intolerable (constructive discharge).
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The Legal Environment and Diversity
Management
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
The Office of Federal Contract Compliance
Programs (OFCCP)
Monitors and enforces Executive Order (EO) 11246,
Section 503 of the 1973 Rehabilitation Act and the
1974 VEVRAA.
EO 11246 and Rehab Act require Federal
contractors who receive more than a certain
dollar value in contracts from the federal
government per year to provide equal
opportunity and take affirmative action toward
protected class individuals.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Diversity in the Workforce
Diversity is the existence of differences.
It is significant in the workplace because:
It fosters creativity and innovation through
divergent thinking, so to exclude qualified
people because they are “different” is
counterproductive to business success.
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
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The Legal Environment and Diversity
Management
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Sexual Harassment
“Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual
nature constitutes sexual harassment when submission
to or rejection of this conduct explicitly or implicitly
affects an individual’s employment, unreasonably
interferes with an individual’s work performance or
creates an intimidating, hostile or offensive work
environment.” – EEOC
Two types: Quid Pro Quo; Hostile Work Environment
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Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Quid Pro Quo
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“If you do something for me, I will do something
for you, or conversely if you refuse to do
something for me, I will harm you.”
The Legal Environment and Diversity
Management con’t
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Hostile Work Environment
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Hostile work environment means harassment
that occurs when someone’s behavior at work
creates an environment that makes it difficult
for someone to work in that environment.
The Legal Environment and Diversity
Management
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Pub lications, Inc.
Religious Discrimination
Employers generally need to make reasonable
accommodation of employees’ religion-based
requests to wear certain types of dress or observe
religious holidays or days of worship that are not in
keeping with the normal workday practices of the
organization, unless the requests prevent the
employee from carrying out the essential functions
of his/her job, or create an undue hardship
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