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GOVERNMENT REGULATION OF THE WORKPLACE: Background

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Management needs to build cooperative environment at the workplace to ensure ... action lawsuits have more than doubled in last 4 yrs (e.g., Publix, Mitsubishi) ... – PowerPoint PPT presentation

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Title: GOVERNMENT REGULATION OF THE WORKPLACE: Background


1
GOVERNMENT REGULATION OF THE WORKPLACE
Background
  • Employees are the most important resource for
    most firms in the Virtual State
  • Management needs to build cooperative environment
    at the workplace to ensure customer service and
    high value-added work
  • in service industries and manufacturing firms
  • .. the two factors above are strongly
    affected by workplace practices, employee rights
    and ethical issues in the workplace

2
TOPICS/ISSUES WE WILL REVIEW
  • (1) EMPLOYEE RIGHTS -- HISTORY LAWS
  • (2) EQUAL EMPLOYMENT OPPORTUNITY
  • Nearly 1/4 of all workers are minorities, 1/2
    are women
  • 85 of new workers 1990-2005 will be female or
    minority
  • (3) SEXUAL HARRASMENT
  • (4) AFFIRMATIVE ACTION
  • (5) PARADIGMS OF MANAGING DIVERSITY

3
EMPLOYEE RIGHTS U.S. LAWS
  • Courts focus on fairness and implied
    obligations of employment
  • In addition to legal standards, moral standards
    govern the employment relationship
  • Workplace rules and regulations are an example of
    how moral and ethical standards can become law

4
EQUAL EMPLOYMENT OPPORTUNITY
  • TITLE VII OF THE 1964 CIVIL RIGHTS ACT
  • Prohibits employment discrimination on the basis
    of race, color, gender, religion or natural
    origin
  • Applies to employers with more than 15 employees
  • Meant to prevent employment policies with
    disparate impact on particular protected groups

5
EQUAL EMPLOYMENT OPPORTUNITY
  • Age Discrimination in Employment Act of 1967
    --prohibits age discrimination against
    individuals who are 40 years or older
  • Title 1 of the American Disabilities Act of 1990
    prohibits employment discrimination against
    qualified individuals with disabilities

6
EQUAL EMPLOYMENT OPPORTUNITY(CONTINUED)
  • Equal employment opportunity may also apply to
    grooming rules, physical requirements and
    information about an individuals past (again,
    these can have disparate impact on different
    groups, e.g., American Airlines and flight
    attendants weight rules)

7
EQUAL EMPLOYMENT OPPORTUNITY
  • RELEVANT INSTITUTIONAL ARENAS
  • Equal Employment Opportunity Commission
  • -- enforces the federal laws that prohibit
    employment discrimination
  • --files cases (lawsuits) against companies
    brought to their attention
  • --requires reporting on employment by race, sex
    and national origin
  • -- monitors firm compliance

8
INSTITUTIONAL ARENAS(continued)
  • Courts --hear and decide cases
  • State Commissions, e.g., MA Commission against
    discrimination, NH Human Rights Commission
  • -- remedies include mandated changes in
    practices and penalties including damages
    punitive awards
  • Federal class action lawsuits have more than
    doubled in last 4 yrs (e.g., Publix, Mitsubishi)
    --since 1991 fed law allowed for punitive awards
    and made discrimination easier to prove

9
FIRM DEFENSES IN TITLE VII(EQUAL EMPLOYMENT
OPPORTUNITY)
  • (1) Business Necessity --bona fide occupational
    qualification
  • (2) Practice a result of seniority system
  • -- courts have held up right of seniority (an
    example of potential conflict over rights)

10
SEXUAL HARASSMENT
  • Form of unlawful sex discrimination that are made
    a condition of employment, that interfere with
    work performance, or that create a hostile work
    environment
  • Includes --unwelcome sexual advances
  • --requests for sexual favors
  • --verbal or physical conduct
  • Employers are responsible for maintaining a
    workplace free of sexual harassment and they are
    liable for the unlawful conduct of employees

11
SEXUAL HARASSMENT CASES IN THE NEWS
  • ASTRA USA 10m to settle a sexual harassment
    lawsuit by EEOC. ASTRA maintained a sexually
    hostile work environment and retaliated against
    employees who reported such behavior,including
    quid pro quo harassment.
  • MITSUBISHI --Court ruled that EEOC could bring
    class action sexual harassment suit against the
    company
  • UNH --Professor Silva belly dancing is like
    Jello on a plate with a vibrator under the plate
    -- ordered to apologize and undergo counseling
    --sued and won, as court claimed UNH violated his
    1st ADM rights
  • WIDE DIFFERENCES IN INTERPRETATIONS AND
    OPINIONS ON SEXUAL HARASSMENT

12
AFFIRMATIVE ACTIONANOTHER CONTROVERSIAL AREA OF
EMPLOYMENT LAW
  • PRESIDENT LYNDON JOHNSON 1965, SIGNED EXECUTIVE
    ORDER 11246 WHICH
  • Requires employers doing business with the
    Federal Government to develop affirmative action
    plans to assure equal employment opportunity
  • Applies to Federal Government contractors,
    suppliers, grantees (e.g., UNH)
  • Affirmative Action is a conscious attempt to
    realize equal opportunity

13
AFFIRMATIVE ACTION(continued)
  • Includes steps to remedy the effects of past
    discrimination and allows preferential treatment
    for individuals in protected classes
  • Affected firms must adopt recruiting policies
    that ensure that minorities and females are
    included in the pool of job candidates
  • Two ethical bases for affirmative action
  • compensatory justice (for past injustices)
  • equality of opportunity

14
Conditions under which reverse discrimination
resulting from AA is legal
  • (1) AA needs to be a formal systematic program
  • -- employer cannot discriminate against
    non-minorities on an isolated, ad hoc basis
  • (2) Must be temporary, until reasonableminority
    hiring goals are achieved
  • (3) Program can not completely bar the hiring of
    non-minority workers

15
REVERSE DISCRIMINATION(continued)
  • (4) Must be based on either past discrimination
    or simply under-utilization of minorities or
    women in the workplace (e.g., UNH)
  • (5) Can not force employer to hire or promote
    unqualified workers

16
UNIVERSITY OF TEXAS LAW SCHOOL HOPWOOD V. TEXAS
CASE (96)
  • US fifth district court ruled that law school
    could not use race as a factor in admission
  • Case filed by 4 whites who had been denied
    admission
  • Fall 1997 class of 800 students admitted, only 6
    are Black and 18 Mexican-Amer. compared to 65 and
    70 fall 1996
  • To ensure diversity Texas University System is
    now using economic status and class rank in
    undergraduate admission

17
ISSUES -- EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE
ACTION
  • (1) DIFFERENT PERCEPTIONS ON ISSUE
  • 60 of whites feel that people of color have same
    opportunities as whites, while 70 of blacks feel
    that people of color do not have same
    opportunities
  • (2) REVERSE DISCRIMINATION
  • less than 100 cases
  • (3) GLASS CEILING
  • white men 43 of workforce, but 95 of senior
    management, only 6 of directors of the top 500
    corporations are female

18
PARADIGMS FOR MANAGING DIVERSITY
  • FAIRNESS -- compliance with laws, color and
    gender blind ideal practiced, assimilation, treat
    all employees the same
  • ACCESS -- acceptance of differences, match the
    demographics of the organization to those of
    critical consumer or constituent groups, use
    diverse workforce to champion niche marketing
    (LEVI STRAUSS EXAMPLE)
  • LEARNING -- create safe places for diverse
    employees to be themselves and contribute to the
    organization in unique ways, recognize and
    benefit from differences among employees
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