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Chapter 3 Learning Objectives

Chapter 3 Learning Objectives. Explain how the three branches of government regulate human resource management. Summarize the major federal laws requiring equal employment opportunity. Identify the federal agencies that enforce equal employment opportunity, and describe the role of each.

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Chapter 3 Learning Objectives

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  1. Chapter 3Learning Objectives Explain how the three branches of government regulate human resource management. Summarize the major federal laws requiring equal employment opportunity. Identify the federal agencies that enforce equal employment opportunity, and describe the role of each.

  2. Chapter 3Learning Objectives(continued) Describe ways employers can avoid illegal discrimination and provide reasonable accommodation. Define sexual harassment and tell how employers can eliminate or minimize it. Explain employer’s duties under the Occupational Safety and Health Act.

  3. Chapter 3Learning Objectives(continued) Describe the role of the Occupational Safety and Health Administration (OSHA). Discuss ways employers promote worker safety and health.

  4. Regulation of Human Resource Management

  5. Major Fair Employment Laws • Equal Pay Act (1963) • Civil Rights Act (1964) • Age Discrimination in Employment Act (1967) • Americans with Disabilities Act (1990) • Civil Rights Act (1991)

  6. Government Regulation of EEO

  7. Age Discrimination Complaints, 1994 - 2009

  8. Employers may not use genetic information in making decision related to the terms, conditions, or privileges of employment Includes a person’s genetic tests, genetic test of the person’s family members, and family medial histories Forbids unintentional collection of this data Forbids harassment of employee because of genetic information Genetic Information Nondiscrimination Act of 2008 (GINA)

  9. Exemptions From Antidiscrimination Regulations • Bona Fide Occupational Qualification (BFOQ) • Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job. • Business Necessity • Work-related practice that is necessary to the safe and efficient operation of an organization.

  10. Fair Employment Executive Orders and Enforcement Agencies • Executive Order 11246 (1965) • Executive Order 11478 (1969) • EEOC • OFCCP

  11. Types of Charges Filed with the EEOC

  12. Disparate Treatment Disparate Impact Businesses’ Role in Providing for EEO:Avoiding Discrimination Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status. A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

  13. Applying the Four-Fifths Rule

  14. Supreme Court Decisions on Fair Treatment • Griggs v. Duke Power (1971) – Job related issues • University of California Regents v. Bakke (1978) – Reverse Discrimination • Meritor Savings Bank v. Vinson (1986) – redefining sexual harassment

  15. Sexual Harassment • Definition

  16. Workplace Safety: Occupational Safety and Health Act (OSHA) • Authorizes the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. • Established the Occupational Safety and Health Administration (OSHA). Responsible for: • Inspecting employers • Applying safety and health standards • Levying fines for violation

  17. OSHA Jurisdiction • 10 Districts • (Eastern districts are smaller as compared to the Western districts) • At least one field office in each state

  18. Enforcement of the OSHA OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations. OSHA regulations prohibit notifying employers of inspections in advance.

  19. General Duty Clause Specific Duties Workplace Safety: Occupational Safety and Health Act (OSHA) Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. Employers must keep records of work-related injuries and illnesses. Employers must post and annual summary of these records from February 1 to April 30 in the following year.

  20. Rates of Occupational Injuries and Illnesses

  21. Top 10 Causes of Workplace Injuries

  22. OSHA Inspections • OSHA review of employer records • Walkaround/inspection tour • Employee interviews • OSHA recommendation or citations

  23. CREATING A HEALTHY WORK ENVIRONMENT • Health Services • First aid • Medical diagnosis and treatment • Physical exams • Employee Assistance Programs • Personal crises • Emotional problems • Alcoholism and drug abuse • Health-Improvement • Physical fitness programs • Health bonuses • Wellness programs • Help employees manage stress

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