class notes for week2
class notes for week2 MGT302
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This 5 page Class Notes was uploaded by odette antabi on Saturday September 10, 2016. The Class Notes belongs to MGT302 at University of Miami taught by Dr. Sheryl Alonso in Fall 2016. Since its upload, it has received 5 views. For similar materials see Human Resource Management in Management at University of Miami.
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Date Created: 09/10/16
Increased Litigation Trend A California judge certified a class of 1.6 million women in a Title VII lawsuit against Wal-Mart – in the courts for 10 years. Wal- Mart v. Dukes – dismissed by the US Supreme Court. A Federal judge threw out the minimum test score requirement imposed by the NCAA for college athlete eligibility ruling that the SAT of ACT score requirement had “an unjustified disparate impact against African- Americans”. Now has a sliding scale. Target sued for using a psychological test to screen applicants for security guard positions that the plaintiffs regarded as an invasion of privacy. MMPI used – paid workers over $1 million. The EEOC settled a lawsuit for $8.5 million against Ford and UAW on behalf of African Americans denied an apprenticeship based on a written application test. Lockheed Martin Corporation agreed to pay $13 million to settle claims of age discrimination by former employees of Martin Marletta. Bus drivers in Indianapolis challenged the mandatory retirement age of 55 in the ADEA. 7 Muslim security workers filed a complaint with the EEOC alleging they were fired because they refused to remove their hijabs while at work. A terminated employee sued his former employer for disability discrimination citing his clinical depression as a disability. Legal Means to Ensure Fair Treatment US Constitution Title VII if the Civil Rights Act Federal Laws State Laws The Legal Environment and Diversity Management The Legal Environment for HRM – Protecting Your Organization A primary responsibility of an HR manager is to assist in avoiding any discriminatory situations that can create legal, ethical or social problems with employees, former employees, the community or other stakeholders. What is employment discrimination? Employment decision making or working conditions that are advantageous (or disadvantageous) to members of one group compared to members of another group Most Frequently Used Sources of Redress Federal laws Title VII of the 1964 U.S. Civil Rights Act, as amended in 1991 To prohibit discrimination based on race, color, religion, sex, or national origin Age Discrimination in Employment Act (ADEA) of 1967, as amended in 1978 and 1986 To prohibit discrimination against persons age 40 and older Americans with Disabilities Act of 1990 (ADA) To prohibit discrimination against persons with disabilities Discriminatory Practices Under Title VII of the Civil Rights Act of 1964, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including: hiring and firing compensation, assignment, or classification of employees transfer, promotion, layoff, or recall job advertisements recruitment testing use of company facilities training and apprenticeship programs fringe benefits pay, retirement plans, and disability leave other terms and conditions of employment. harassment based on protected group status retaliation for filing charges of discrimination, participating in an investigation, or opposing discriminatory practices employment decisions based on stereotypes or assumptions of a protected class denying employment because of marriage to an individual of protected class status The Legal Environment and Diversity Management Title VII of the Civil Rights Act (CRA) of 1964 Applies to organizations involved in interstate commerce, with 15 or more employees who work 20+ weeks a year. Introduced important concepts: Disparate Treatment. Disparate (a.k.a. Adverse) Impact. Pattern or Practice. Bona Fide Occupational Qualification (BFOQ). Business necessity. Job relatedness. Cost of Violating EEO Law Direct Expense 25% of Jury Verdicts are $1 million and greater CRA of 1991 allows Punitive & Compensatory damages Damage to Company’s Reputation Potential for imposition of outside controls on HRM practices Civil Rights Act of 1991 Corrects major omissions of the 1964 CRA and overturns several U.S. Court decisions. Allows compensatory and punitive damages when intentional or reckless discrimination is proven. Prohibits “discriminatory use”, also called race-norming, of test scores. Filing a Charge of Employment Discrimination 1. Who can file a charge of discrimination? anyone who believes that his or her employment rights have been violated an individual, organization, or agency may file on behalf of another person to protect their identity 2. How is a charge of discrimination filed? by mail or in person at the nearest EEOC office; accommodations can be provided 3. What information must be provided to file a charge? name, address, and telephone number of complaining party and respondent 4. What are the time limits for filing a charge of discrimination? 180 days from the date of alleged violation, ADEA extendable to 300 under state law The Ledbetter Act allows the timetable to reset with each paycheck 5. What agency handles a charge that is also covered by state or local law? if a charge is also covered with a state-based “Fair Employment Practices Agency” (FEPA), then the FEBA dual- files with the EEOC 6. How is a charge filed for discrimination outside the United States? U.S.-based companies that employ U.S. citizens outside the United States or its territories are covered under EEO laws Title VII of the Civil Rights Act Who is Covered? Race or Color Discrimination illegal to discriminate based on person’s race or ethnicity National Origin Discrimination illegal to discriminate because of birthplace, ancestry, culture, or linguistic characteristics Immigration and Reform Act of 1986 requires employers to only hire employees legally authorized to work in US. Requiring employment verification for one group over another is a violation of the Act and Title VII. Religious Accommodation must reasonably accommodate religious belief of employee unless doing so causes undue hardship Sex/Gender Discrimination sexual harassment – ranges from unwanted direct requests for sexual favors, the acceptance or rejection of which are tied to employed decisions, to hostile work environments Applies to employers with more than 15 employees Exceptions: Private Clubs Religious Organizations Places of employment connected to Indian Reservations Major Provisions of Title VII 1. Employment decisions based on protected class status is illegal. You may not limit, segregate, or classify employees based on protected class status that leads to adverse affects. 2. Bona Fide Occupational Qualification (BFOQ): “reasonably necessary to the normal operation of the organization.” 3. “Discrimination” based on the following, even when the use of such practices may be correlated with race, gender, color, religion, or national origin, is legal: seniority systems Merit systems/quality & quantity Veteran’s preference rights & national security reasons job qualifications based on test scores, backgrounds, or experience 4. Shall not be interpreted to require preferential treatment 5. Retaliation is illegal Theories Used in Title VII Cases Disparate Treatment Plaintiffs must show that an employer intended to treat one or more members of a protected class differently Disparate Impact Plaintiffs must show that an employer’s practices had a disproportionately negative effect on members of a protected group
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