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Providing Equal Employment Opportunity and a Safe Workplace

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EEO (Equal Employment Opportunity) the condition in which ... This 'condition' is created through: Constitutional amendments. Legislation ... Quid pro quo ... – PowerPoint PPT presentation

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Title: Providing Equal Employment Opportunity and a Safe Workplace


1
Chapter 3
  • Providing Equal Employment Opportunity and a Safe
    Workplace

2
EEO
  • EEO (Equal Employment Opportunity) the
    condition in which all individuals have an equal
    chance for employment regardless of their race,
    color, religion, sex, disability, or national
    origin
  • This condition is created through
  • Constitutional amendments
  • Legislation
  • Executive orders

3
Constitutional Amendments
  • Thirteenth Amendment
  • Abolished Slavery
  • Covers all individuals
  • Enforced by courts
  • Fourteenth Amendment
  • Provides equal protection for all citizens and
    requires due process in state action
  • Covers state actions
  • Enforced by courts

4
Legislation
  • Civil Rights Act 1866 granted all persons the
    same property and contract rights
  • Civil Rights Act 1871 granted all citizens the
    right to sue the federal government for
    deprivation of civil rights
  • Used as the basis for recovering compensatory and
    punitive damages

5
Legislation
  • Civil Rights Act 1964 Title VII
  • Prohibits employers from discriminating based on
    race, color, religion, sex, or national origin
  • Applies to .
  • Organizations with 15 or more employees working
    20 weeks a year
  • State local governments, employment agencies or
    labor organizations
  • Pregnancy Discrimination Act 1978 prohibits
    discrimination based on pregnancy and childbirth

6
Legislation
  • Civil Rights Act 1991 allowed for victims of
    intentional discrimination to be awarded
    compensatory and punitive damages

7
Legislation
  • Equal Pay Act 1963
  • Requires that men and women performing equal jobs
    receive equal pay
  • Equal defined in terms of skill, effort,
    responsibility and working conditions
  • Age Discrimination in Employment Act (ADEA) 1967
  • Outlaws discrimination in employment decisions
    based on a persons age being over 40
  • Intent to discriminate not required

8
Legislation
  • Vocational Rehabilitation Act 1973
  • Affirmative action for individuals with
    disabilities
  • Covers organizations receiving gt 25,000 annually
    from the government
  • Vietnam Era Veterans Readjustment Act 1974
  • Affirmative action toward employing Vietnam War
    veterans

9
Legislation
  • Americans with Disabilities Act (ADA) 1990
  • A physical or mental impairment that
    substantially limits one or more major life
    activities,
  • A record of having such an impairment, or
  • Being regarded as having such an impairment

10
Disabilities Associated with Complaints Filed
under ADA
11
Executive Orders
  • Executive order 11246
  • Prohibits federal contractors from discriminating
    based on race, color, religion, sex, or national
    origin
  • Requires affirmative action for firms receiving gt
    10,000 and a written plan for firms receiving gt
    50,000
  • Executive order 11478
  • Federal government cannot discriminate

12
Governments Role in EEO
  • Equal Employment Opportunity Commission (EEOC)
  • Created by CRA 1964
  • Enforces most EEO laws
  • Receives and investigates complaints
  • Issues guidelines
  • Office of Federal Contract Compliance
  • Enforces executive orders
  • Affirmative action plans
  • Utilization analysis
  • Goals and timetables
  • Action steps

13
Avoiding Discrimination
  • Disparate treatment
  • Bono Fide Occupational Qualification (BFOQ)
  • Disparate impact
  • EEO Policy
  • Affirmative action
  • Reverse discrimination

14
Providing Reasonable Accommodations under ADA
15
Sexual Harassment
  • Refers to unwelcome sexual advances
  • Quid pro quo
  • Hostile environment
  • Applies to same-sex harassment, male to female,
    and female to male
  • Prevention
  • Develop explicit policy
  • Training
  • Prompt discipline when necessary

16
Occupational Safety and Health
  • Occupational Safety and Health Act (OSH Act)
  • Established and provided enforcement of
    occupational safety and health standards
  • Occupational Safety and Health Administration
    (OSHA)
  • Inspects employers
  • Applies safety and health standards
  • Levies fines for violation

17
Occupational Safety and Health
  • General Duty Clause
  • Employer must provide an employee with a safe
    place of employment
  • Enforcement
  • Checks records
  • Takes a tour
  • Employee interviews
  • Discusses findings, notes violations

18
Occupational Safety and Health
  • Employee Rights
  • Request and have representation at inspections
  • Right-to-know laws
  • Material safety data sheets
  • Have employer violations posted
  • Employee Responsibilities
  • Follow OSHA safety rules and regulations
  • Report hazardous conditions

19
Rates of Occupational Injuries and Illnesses
20
Reinforcing Safe Practices
  • To encourage safe behaviors employers should
  • Define how to work safely
  • Reinforce the desired behavior
  • Injury prevention
  • Job analysis
  • Written policies
  • Safety training
  • Protective gear
  • Rewards and sanctions
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