Because learning changes everything.

Chapter 3
The Legal Environment:
Equal Employment
Opportunity and Safety

Human Resource Management

Gaining A Competitive Advantage
THIRTEENTH EDITION
Raymond Noe, John Hollenbeck, Barry
Gerhart, Patrick Wright

© 2023 McGraw Hill, LLC. All rights reserved. Authorized only for instructor use in the classroom. No reproduction or further distribution permitted without the prior written consent of McGraw Hill, LLC.
 Learning Objectives 1

3-1 Identify the three branches of government and the role

each plays influencing the legal environment of human
resource management.
3-2 List the major federal laws that require equal employment
opportunity and the protections provided by each of these
laws.
3-3 Discuss the roles, responsibilities, and requirements of
the federal agencies responsible for enforcing equal
employment opportunity laws.
3-4 Identify the three theories of discrimination under Title VII
of the Civil Rights Act and apply these theories to different
discrimination situations.

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 Learning Objectives 2

3-5 Identify behavior that constitutes sexual harassment, and

list things that an organization can do to eliminate or
minimize it.
3-6 Discuss the legal issues involved with preferential
treatment programs.
3-7 Identify the major provisions of the Occupational Safety
and Health Act (1970) and the rights of employees that
are guaranteed by this act.

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 Equal Employment Opportunity 1

Also known as EEO, the federal government:

• Ensures that all individuals have an equal chance for
employment, regardless of race, color, religion, sex, age,
disability, or national origin.
• Enforces through constitutional amendments, legislation,
executive orders, and court decisions.

LO 3-2
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 Types of Discrimination 1

Theories:
• Disparate treatment.

• Disparate impact.

• Reasonable accommodation.

LO 3-4
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 Table 3.3 Comparison of Discrimination
Theories 1

DISPARATE DISPARATE REASONABLE

blank

TREATMENT IMPACT ACCOMMODATION

Show Intent? Yes No Yes

Plaintiff’s Individual is a member of Statistical disparity Individual has a belief

Allegation? a protected group, was in the effects of a or disability, provided
qualified for the job, and facially neutral the employer with
was turned down for the employment notice (request to
job, and the job remained practice accommodate), and
open was adversely affected
by a failure to be
accommodated

Employer’s Produce a legitimate, Prove that the Job-relatedness and

defense nondiscriminatory reason employment business necessity,
for the employment practice bears a undue hardship, or
decision or show bona fide manifest direct threat to health or
occupational qualification relationship with job safety
(BFOQ) performance

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 Table 3.3 Comparison of Discrimination
Theories 2
Blank

DISPARATE DISPARATE REASONABLE

TREATMENT IMPACT ACCOMMODATION
Blank

Plaintiff’s Reason offered was Alternative

rebuttal merely a “pretext” for procedures exist
discrimination that meet the
employer’s goal
without having
disparate impact
Monetary Compensatory and Equitable relief Compensatory and
damages punitive damages (for example.,: punitive damages (if
back pay) discrimination was
intentional or
employer failed to
show good-faith
efforts to
accommodate)

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 Types of Discrimination 2

Disparate Treatment:
• When individuals are treated differently because of race, sex, or
the like.
• The plaintiff’s burden:
• Prima facie.

• The defendant’s rebuttal:

• Bona fide occupational qualification (B FOQ).

• The plaintiff’s rebuttal.

• Mixed motive cases.

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 Types of Discrimination 3

Disparate Impact:
• Occurs when a neutral employment practice disproportionately
excludes a protected group from employment opportunities.
• The plaintiff’s burden:
• Four-fifths rule.

• Standard deviation rule.

• Wards Cove Packing Co. v. Atonio.

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 Types of Discrimination 4

Disparate Impact.
• Defendant’s rebuttal:
• Must show that the employment practice is a “business necessity”.

• Plaintiff’s rebuttal:
• Argue that other employment practices could sufficiently meet the
employer’s goal without adverse impact.

• Griggs v. Duke Power.

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 Types of Discrimination 5

Pattern and Practice:

• Plaintiffs attempt to show three things in class action pattern and
practice lawsuits:
1. Statistical disparities between composition of some group within
the company compared to some other relevant group.

2. Individual acts of intentional discrimination that suggest statistical

disparity is a function of the larger culture.

3. Promotion and/or pay procedures leave too much discretion to

managers, leading to unconscious biases.

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 Types of Discrimination 6

Reasonable Accommodation:
• Religion and accommodation:
• Employees must demonstrate a legitimate religious belief and
provide the employer with notice of the need to accommodate, and
that adverse consequences occurred due to employer’s failure to
accommodate.

• Disability and accommodation:

• Plaintiff must show that they are a qualified applicant with a
disability and that an adverse action was taken by a covered entity.

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 Retaliation for Participation and
Opposition
Facing Retaliation:
• Title VII states that employers cannot retaliate against.
employees for opposing a perceived illegal employment practice
or participating in a proceeding related to alleged illegal
employment practice.

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 Current Issues Regarding Diversity and
Equal Employment Opportunity 1

Sexual Harassment:
• Refers to unwelcome sexual advances.

• Charges have steadily decreased since 2010.

• Takes place in two ways:

• Quid pro quo.

• Hostile working environment.

• Filings by men have increased.

LO 3-5
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 Table 3.6 EEOC Definition of Sexual
Harassment
Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical contact of a sexual nature
constitute sexual harassment when.
1. Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual’s employment,
2. Submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual, or
3. Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating an
intimidating, hostile, or offensive working environment.

SOURCE: E E O C guideline based on the Civil Rights Act of 19 64, Title VII.

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 Current Issues Regarding Diversity and
Equal Employment Opportunity 2

Affirmative Action and Reverse Discrimination:

• Affirmative action programs increase representation of
traditionally underrepresented ethnic and racial groups.
• Imposed quota programs:
• Leads to question of reverse discrimination.

• Ricci v. DeStefano.

LO 3-6
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 Current Issues Regarding Diversity and
Equal Employment Opportunity 3

Outcomes of the Americans with Disabilities Act:

• Litigation has increased.

• Many cases being filed are not based on the rights that
Congress intended to protect.
• Only 17.5% of people with disabilities are employed, compared
to 65% of the general population.

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 Current Issues Regarding Diversity and
Equal Employment Opportunity 4

Gender Equity:
• Equity in pay.

• Equity in representation.
• Not at the highest levels.

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 Employee Safety 1

The Occupational Safety and Health Act (OSHA):

• Authorizes federal government to establish and enforce
occupational safety and health standards for all places of
employment engaging in interstate commerce.
• Employee rights under OSHA:
• General duty clause.

• NIOSH’s occupational safety and health standards.

LO 3-7
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 Table 3.8 Rights Granted to Workers Under
OSHA
Employees have the right to:
1. Work in safe and healthful workplaces;
2. Know about hazardous chemicals in their workplaces;
3. Receive information about injuries and illnesses in their
workplaces;
4. Complain or request hazard correction from their employers;
5. Receive training about workplace hazards;
6. Examine hazard exposure and medical records;
7. File a complaint with OSHA;
8. Participate in an OSHA inspection; and.
9. Be free from retaliation for exercising rights.

SOURCE: “Employee’s Role & Rights Under the O S H Act,” Lion Technology, 2013, https://www.lion.com/lion-news/june-2013/employees-role-rights-under-the-osh-act

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 Employee Safety 2

The Occupational Safety and Health Act (OSHA).

• OSHA inspections:
1. Compliance officer reviews employer’s records of deaths, injuries,
and illnesses.

2. Compliance officer, typically accompanied by a representative of

employer, conducts a “walkaround” tour of employer’s premises.

3. Employee interviews may take place during the tour.

4. In a closing conference, compliance officer discusses findings

with employer, noting any violations.

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 Employee Safety 3

The Occupational Safety and Health Act (OSHA).

• Citations and penalties.
• Compliance officer can issue a citation to employer that specifies
the exact practice or situation that violates the act.

• Employer must post the citation.

• Fines may be assessed against employer.

• Criminal penalties may also be assessed.

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 Employee Safety 4

The Occupational Safety and Health Act (OSHA).

• The Effect of OSHA:
• Raised level of awareness of occupational safety.

• Does not directly regulate employee behavior.

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 Employee Safety 5

Safety Awareness Programs:

• Instill symbolic and substantive changes in organization’s
emphasis on safety.
• Identifying and communicating job hazards:
• Identify through:
• Job hazard analysis technique.

• Technic of operations review (T OR).

• Communicate employee’s risk through multitude of media:

• Recognize two audiences: new/inexperienced workers and
older/experienced workers.

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 Employee Safety 6

Safety Awareness Programs.

• Reinforcing safe practices:
• Safety incentive programs.

• Focus on specific injuries or disabilities.

• Promoting safety internationally:

• Difficult due to cultural differences.

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 Table 3.10 A 10-Step Program for
Reducing Eye-Related Injuries 1

10 ways to help prevent an eye injury in the workplace:

1. Assess! Look carefully at plant operations. Inspect all work areas, access
routes, and equipment for hazards to eyes. Study eye accident and injury
reports. Identify operations and areas the present eye hazards.
2. Test. Uncorrected vision problems can cause accidents. Provide vision
testing during routine employee physical exams.
3. Protect. Select protective eyewear that is designed for the specific duty or
hazard. Protective eyewear must meet the current standards from the
Occupational Safety and Health Act of 19 70 and later revisions.
4. Participate! Create a 100% mandatory program for eye protection in all
operation areas of your plant. A broad program prevents more injuries
and is easier to enforce than one that limits eye protection to certain
departments, areas, or jobs.

SOURCE: Preventblindness.com, "10 Ways to Prevent Eye Injuries at Work," https://preventblindness.org/ten-ways-to-prevent-eye-injuries-at-work/.

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 Table 3.10 A 10-Step Program for
Reducing Eye-Related Injuries 2

10 ways to help prevent an eye injury in the workplace:

5. Fit! Workers need protective eyewear that fits well and is comfortable.
Have eyewear fitted by an eye care professional or someone trained to
do this. Provide repairs for eyewear and require each worker to be in
charge of his or her own gear.
6. Plan for an Emergency! Set up first-aid procedures for eye injuries. Have
eyewash stations that are easy to get to, especially where chemicals are
used. Train workers in basic first-aid and identify those with more
advanced training.
7. Educate! Conduct ongoing educational programs to create, keep up, and
highlight the need for protective eyewear. Add eye safety to your regular
employee training programs and to new employee orientation.

SOURCE: Preventblindness.com, "10 Ways to Prevent Eye Injuries at Work," https://preventblindness.org/ten-ways-to-prevent-eye-injuries-at-work/.

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 Table 3.10 A 10-Step Program for
Reducing Eye-Related Injuries 3

10 ways to help prevent an eye injury in the workplace:

8. Support! Management support is key to having a successful
eye safety program. Management can show their support for
the program by wearing protective eyewear whenever and
wherever needed.
9. Review! Regularly review and update your accident prevention
policies. Your goal should be NO eye injuries or accidents!
10.Put it in Writing! Once your safety program is created, put it in
writing. Display a copy of the policy in work and employee
gathering areas. Include a review of the policy in new employee
orientation.

SOURCE: Preventblindness.com, "10 Ways to Prevent Eye Injuries at Work," https://preventblindness.org/ten-ways-to-prevent-eye-injuries-at-work/.

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