MGMT 3340 Week 2 Notes
MGMT 3340 Week 2 Notes MGMT 3340
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This 4 page Class Notes was uploaded by Trisha Messick on Tuesday February 2, 2016. The Class Notes belongs to MGMT 3340 at Southern Utah University taught by Dr. Calvasina in Spring 2016. Since its upload, it has received 11 views. For similar materials see HR Management in Business at Southern Utah University.
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Date Created: 02/02/16
Employment Discrimination – a limitation or denial of employment opportunity based on protected class characteristics of a person Harassment is a growing issues The number of discrimination complaints continue to rise Pay inequities – according to economists there is a pay inequity, but why? o Some of these pay inequities could be because women need pregnancy leave o There are still some discrimination issues People have been granted the right to work in a place free of discrimination an harassment Unfair treatment must be based on or related to the protected class Retaliation – the right to go against the workforce for being discriminated or harassed. By doing this it deters others from harassment Caregivers – people who care for children and the elderly Taking care of elderly because now they are living longer As women went into the workforce men had to take care of the children o Men become discriminated against because it is not masculine to be a caregiver *more information on caregivers in the files on canvas* EEOC – focuses on various employment discrimination For a long time they had a task force on the discrimination against teenagers o The fast food industry used to be the place for teens to get a start, because of that places like McDonalds can be faced with similar issues to this. They identify the issues of discrimination and they outline these initiatives o Employers need to be aware of these outlines because they are like law Discrimination was passed because it was intended for the protection of blacks and women They were not the only one affected – this leads to the issue of race and religious discrimination Really anything that is used that is not job related Some protected classes are recognized under state or city law, but not federal law Class status – anything that has very little to do with employment in a job. For example in North Carolina they cannot discriminate against people who use tobacco, but it is not a federal law so it would not apply in every state The total charges for discrimination continues to go up Race continues to be the main reason for charges in discrimination Retaliation in all statutes is about 40% Discrimination and Harassment continue to rise. The Charge Data System gives you additional information included in discrimination The biggest area in that continues to be that there is no reasonable clause. The agency consistently say that 60% plus there were no reasonable cause to continue Just because it is thrown out, does not mean that there won’t be a right to sue issued. People however cannot sue, unless they are given the right to sue. Title VII says that you can file a complaint, but may not sue without a right to sue issued by the company. Following that settlements is the second highest number, meaning we do settle a good amount of the complaints that happen The agency that follows this statute with mediation is not going to go after litigation, but they are going to try to promote settlement. They will also propose arbitration. With a conciliation is simply a series of messages back and forth between the parties. The idea behind this is to get the parties to settle the dispute without going to court. Reason for that is because the EEOC does not have the resources to follow up with every complaint In 1999 the EEOC followed up with 465 litigations, the highest one to date, but a very small number in the total number of litigations. It is generally not the EEOC that is going after employers The EEOC will file and most of the time these cases are settled, because employers are drawn to when the EEOC will take a case. Major Anti-discrimination Laws: Title VII of Civil Rights Act of 1964 Equal Pay Act 1962 Age Discrimination in Employment Act Rehabilitation Act Pregnancy Discrimination Act Americans with Disabilities Act Military Service – allowing that military people stay employed when out in active service This is important because without it our country would have to revert back to using the draft system. Can these things be regulated in private employment In some industries there are signs that say drugs don’t work here o Meaning they won’t employ people unless they can pass a drug test Some places won’t allow people who smoke to be employed – because it heightens the healthcare cost o In most states you can test for that, and you do not have to be employed For example Scotts Fertilizers, at the plant in Ohio they discriminated against people who smoked, because in Ohio it is legal to discriminate on that matter. They claimed that this employee was a smoker and that he should not be employed. The employee claimed on so many different angles that they didn’t have to right to do so. o If this had been filed in a state like North Carolina they would have lost the case All these laws and federal statutes , how can they regulate what we do in the privacy of our own business Commerce Clause – congress has the ability to regulate the flow of goods between the states o Because of that that is how the government can regulate what happens in an industry. Wellness Program – a program to promote healthy lifestyles As an employer you want to keep your costs down – by helping people to quit smoking it will lower their insurance and be more affective for the business. Adverse (disparate) impact – to keep employers from excluding people based on certain things like education IF an employer can predict that it will be negative in the outcome, and that having a certain level of education is important then they can keep from employing them. If the research has been done that it is pinnacle to the success – the plaintiff can come back and say that another test (maybe) that doesn’t have as disproportionate skew on discrimination but has the same affect A company should want to employ someone based on them being the best candidate for the job, without discriminating in any way. If someone were to show the industry a better way to find employees then the company would most likely want to implement that in the company. If someone helps another individual file a complaint, if the first individual who helped is fired for assisting in that or they receive any repercussion from it that falls under discrimination and goes against Title VII
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