1 / 18

Chapter 2 Legal Compliance

Chapter 2 Legal Compliance. The Employment Relationship. Employer-employee Independent Contractor Temporary Employee. Need for Laws and Regulations. Balance of Power Protection of Employees Protection of Employers. Sources of Laws & Regulations. Common Law Constitutional Law

teal
Télécharger la présentation

Chapter 2 Legal Compliance

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 2Legal Compliance

  2. The Employment Relationship • Employer-employee • Independent Contractor • Temporary Employee

  3. Need for Laws and Regulations • Balance of Power • Protection of Employees • Protection of Employers

  4. Sources of Laws & Regulations • Common Law • Constitutional Law • Statutory Law • Agencies

  5. EEO, AA, and Quotas! • EEO • AA • Quotas • Proposition 209—11/96-- Ward Connelly

  6. Disparate Treatment • Deliberate discrimination • Inferred from the following situational factors: 1. Person belongs to a protected class 2. The person Applied for, & was qualified for, a job the employer was trying to fill. 3. The qualified person was rejected. 4. The position remained open & the employer continue to seek applicants as qualified as the rejected person.

  7. Disparate Impact • Disparate impact (adverse impact)- the effect of employment practices (not intent) • Types of statistical evidence: Flow statistics, stock statistics, concentration statistics

  8. Enforcement: EEOC • Initial Charge & Conciliation • Litigation • Enforcement: OFCCP

  9. Title VII of the Civil Rights Act (1964, 1991) • Unlawful for employers to discriminate against individuals based on: Race, Color, religion, sex, or national origin • Mixed Motives • BFOQs • Testing

  10. Age Discrimination in Employment Act (ADEA)- 1967 • Unlawful to discriminate against employees due to age (40 & over). • BFOQ • Seniority Systems

  11. Americans with Disabilities Act (ADA)- 1990 • What is a disability? • Reasonable accommodations / Undue Hardship • Essential Job Functions

  12. Rehabilitation Act (1973) • Similar to ADA

  13. Executive Order 11246 (1965) • The federal contractor is prohibited from discrimination on the basis of race, color, religion, sex, & national origin.

  14. Family and Medical Leave Act • 12 workweeks of leave during a 12-month period for: birth/adoption of a child, care of immediate family member, or serious employee health condition.

  15. Pregnancy Discrimination Act of 1978 • Employee/ job applicant may not be treated differently from a male because of her pregnancy or capacity to become pregnant.

  16. Regulations and Guidelines • UGESP, Revised Order No. 4, • AA Programs Regulations • Employment Regulations for ADA

  17. EEO Best Practices • Study • Plan • Lead • Encourage • Notice • Discussion • Inclusion • Dedication

  18. Other Staffing Laws • Immigration Reform and Control Act (‘86) • Employee Polygraph Protection Act (‘88) • Fair Credit Reporting Act (’70) • State/ Local Laws • Civil Service Laws & Regulations

More Related