Chapter 2: Equal Opportunity and the Law PDF

CHAPTER 2: EQUAL OPPORTUNITY AND THE LAW Human Resource Management: An Asian Perspective 1 - C BSBA - HRDM | DR. ALAYON | SEM 1 2024 No person shall be deprived of life, liberty, property, without the...

CHAPTER 2: EQUAL OPPORTUNITY AND THE LAW Human Resource Management: An Asian Perspective 1 - C BSBA - HRDM | DR. ALAYON | SEM 1 2024 No person shall be deprived of life, liberty, property, without the due EQUAL EMPLOYMENT OPPORTUNITY process of the law. IN THE US (1964-1991) Pregnancy Discrimination Act Title VII of the Civil Rights Act (1964) Prohibits sex discrimination based An employer cannot discriminate on on “pregnancy, childbirth, or related the basis of: medical conditions”. ○ Race ○ Color AMERICANS WITH DISABILITIES ACT ○ Religion (ADA) ○ Sex ○ National origin ADA of 1990 The Equal Emloyment Oppurtunity Commission (EEOC) Prohibits discrimination against disabled persons. Consists of five members appointed by the president with the advice and Disability consent of the Senate. Each member serves a five-year A physical or mental impairment that term. substantially limits one or more EEOC may file discrimination major life activities. charges and go to court on behalf of aggrieved individuals. SEXUAL HARASSMENT EMPLOYMENT DISCRIMINATION Sexual harassment LAWS (US) Harassment on the basis of sex that Equal Pay Act has purpose or effect creates an: ○ Intimidating Equal pay for equal work, regardless ○ Hostile of sex. ○ Offensive work environment Age Discrimination in Employment Act Federal Violence Against Women Act Prohibits age discrimination and A person who commits a violent specifically protecting individuals crime motivated by gender. over 40 years old. SEXUAL HARASSMENT DEFINED Vocational Rehabilitation Act Requires federal contractors to take Unwelcome sexual advances. affirmative action for disable Requests for sexual favors. persons. Verbal or physical conduct of a sexual nature Fifth Amendment to the US Constitution CHAPTER 2: EQUAL OPPORTUNITY AND THE LAW Human Resource Management: An Asian Perspective 1 - C BSBA - HRDM | DR. ALAYON | SEM 1 2024 permits compensatory and punitive damages. PROVING SEXUAL HARASSMENT BONA FIDE OCCUPATIONAL QUALIFICATION Quid pro quo Rejecting a supervisor's advances Bona fide occupational qualification adversely affects the employee’s (BFOQ) tangible benefits. Requirement that an employee be of Hostile environment created by a certain supervisors ○ Religion ○ Sex Behaviors that substantially affect an ○ National origin employee’s emotional and psychological ability to the point that BUSINESS NECESSITY affects the employee’s job. Hostile environment created by co- “Business necessity” workers or non-employees Employers must show that there is Advances by th employee’s co an overriding business purpose for a workers can cause harassment. discriminatory practice. Validity WHAT EMPLOYERS SHOULD DO TO MINIMIZE LIABILITY IN SEXUAL To which the test or the other HARASSMENT CLAIMS employment practice is related to or predicts performance on the job. Training sessions to increase awareness of the issues. OTHER CONSIDERATIONS IN Discipline managers and employees. DISCRIMINATORY PRACTICE Keep records of complaints. DEFENSES Conduct exit interviews. Re-publish the sexual harassment policy periodically. Good intentions are no excuse. Encourage upward communication Employers cannot hide behind through periodic feedbacks. collective bargaining agreements. If personnel practice is discriminatory, firms should react by EQUAL EMPLOYMENT OPPORTUNITY, agreeing to eliminate the illegal 1991-PRESENT (US) practice. Civil Rights Act (CRA) It places burden of proof back on employers once the plaintiff has made a prima facie case and CHAPTER 2: EQUAL OPPORTUNITY AND THE LAW Human Resource Management: An Asian Perspective 1 - C BSBA - HRDM | DR. ALAYON | SEM 1 2024 Take concrete steps to foster diversity at work. DISCRIMINATORY EMPLOYMENT PRACTICE EQUAL EMPLOYMENT OPPORTUNITY Recruitment VERSUS AFFIRMATIVE ACTION ○ Word of Mouth ○ Misleading Information ○ Help Wanted Ads Equal employment opportunity Personal Apperance Aims to ensure that anyone ○ Dress regardless of: ○ Hair ○ Race ○ Uniforms ○ Color ○ Disability Selection ○ Sex ○ Educational Requirements ○ Religion ○ Preference to Relatives ○ National Origin ○ Height, Weight, and Physical ○ Age Characteristics ○ Arresy Records Has equal chance for a job. ○ Application Forms ○ Discharge Due to Affirmative action Garnishment Extra effort to hire and promote those in a protected group DIVERSITY MANAGEMENT ○ Minorities ○ Females in all parts of the Managing diversity organization Provide strong leadership MANAGING DIVERSITY VS Assess the situation AFFIRMATIVE ACTIONS Provide diversity training and education Change culture and management systems Evaluate the diversity management program Boosting workforce diversity Adopt strong company policies advocating the benefits of: ○ Culturally ○ Racially ○ Sexually