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Navigating Federal Employment Guidelines: A Comprehensive Overview

Learn about Equal Pay Act, Age Discrimination Act, Title VII, ADA, and more laws and guidelines shaping HR practices. Explore key cases, defenses, and implications for businesses.

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Navigating Federal Employment Guidelines: A Comprehensive Overview

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  1. Human Resource Management Federal Employment Guidelines and Laws

  2. Equal Pay Act of 1963 • Comparable worth • Equal pay for substantially equal work • Differences can be based on • Seniority • Performance

  3. Title VII (Civil Rights Act of 1964 as amended) • Prohibits discrimination in employment and compensation based on race, color, religion, sex, or national origin. • Created Equal Employment Opportunity Commission (EEOC)

  4. Prejudicial treatment • Definition • Prima facie case • Defense

  5. Unequal or Disparate Treatment • Definition • Prima facie case • Defense • BFOQ

  6. Adverse Impact • Definition • Griggs v. Duke Power • Prima facie case • 4/5 Rule • Defense • Albemarle Paper Company v. Moody (valid selection device) • New Haven case (Ricci vsDeStefano 2009)

  7. Affirmative Action (Executive Order 11246) • Utilization analysis • Goals and timetables • Action plans • Strategies • Bakke v. UC Davis 1978

  8. Age Discrimination in Employment Act (ADEA) 1967 as amended • Prohibits discrimination in employment against those over the age of 39 • Prima facie case - usually statistical • Standard was – is age the determinative factor • Standard is – action was an age-neutral business necessity • Can age be a BFOQ?

  9. Sexual Harassment (Title VII) • Quid pro Quo • Hostile work environment

  10. Sexual Harassment Claims (EEOC website)

  11. Termination/Employment At-Will • Public Policy Exceptions (44 states) • Implied Contract Exceptions (37 states) • Good Faith and Fair Dealing (11 states) Alabama, Alaska, Arizona, California, Delaware, Idaho, Massachusetts, Montana, Nevada, Utah, Wyoming

  12. Sexual Harassment • Quid pro quo • Hostile work environment

  13. Americans with Disabilities Act (ADA) • Disability definition • Essential functions • Reasonable accommodations • Undue hardship • http://janweb.icdi.wvu.edu/

  14. Civil Rights Act of 1991 • Prohibits the use of quotas • Prohibits the practice of “race norming” • Validated the statistical determination of discrimination and job-relatedness • Validated standard of burden of proof placed on defendant • Allows for the first time limited money damages for victims of intentional discrimination under Title VII, the Americans with Disabilities Act and the Rehabilitation Act

  15. Other Laws • Vietnam Era Veterans Readjustment Act • Immigration Reform and Control Act of 1986 • Immigration Act of 1990 • Drug-Free Workplace Act of 1988 • Uniformed Services Employment and Reemployment Rights Act of 1994

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