Chapter 2 Legal Compliance

1
Chapter 2Legal Compliance
2
The Employment Relationship

• Employer-employee
• Independent Contractor
• Temporary Employee

3
Need for Laws and Regulations

• Balance of Power
• Protection of Employees
• Protection of Employers

4
Sources of Laws Regulations

• Common Law
• Constitutional Law
• Statutory Law
• Agencies

5
EEO, AA, and Quotas!

• EEO
• AA
• Quotas
• Proposition 20911/96-- Ward Connelly

6
Disparate Treatment

• Deliberate discrimination
• Inferred from the following situational factors
• 1. Person belongs to a protected class
• 2. The person Applied for, was qualified for,
  a job the employer was trying to fill.
• 3. The qualified person was rejected.
• 4. The position remained open the employer
  continue to seek applicants as qualified as the
  rejected person.

7
Disparate Impact

• Disparate impact (adverse impact)- the effect of
  employment practices (not intent)
• Types of statistical evidence Flow statistics,
  stock statistics, concentration statistics

8
Enforcement EEOC

• Initial Charge Conciliation
• Litigation
• Enforcement OFCCP

9
Title VII of the Civil Rights Act (1964, 1991)

• Unlawful for employers to discriminate against
  individuals based on Race, Color, religion,
  sex, or national origin
• Mixed Motives
• BFOQs
• Testing

10
Age Discrimination in Employment Act (ADEA)- 1967

• Unlawful to discriminate against employees due to
  age (40 over).
• BFOQ
• Seniority Systems

11
Americans with Disabilities Act (ADA)- 1990

• What is a disability?
• Reasonable accommodations / Undue Hardship
• Essential Job Functions

12
Rehabilitation Act (1973)

• Similar to ADA

13
Executive Order 11246 (1965)

• The federal contractor is prohibited from
  discrimination on the basis of race, color,
  religion, sex, national origin.

14
Family and Medical Leave Act

• 12 workweeks of leave during a 12-month period
  for birth/adoption of a child, care of
  immediate family member, or serious employee
  health condition.

15
Pregnancy Discrimination Act of 1978

• Employee/ job applicant may not be treated
  differently from a male because of her pregnancy
  or capacity to become pregnant.

16
Regulations and Guidelines

• UGESP, Revised Order No. 4,
• AA Programs Regulations
• Employment Regulations for ADA

17
EEO Best Practices

• Study
• Plan
• Lead
• Encourage
• Notice
• Discussion
• Inclusion
• Dedication

18
Other Staffing Laws

• Immigration Reform and Control Act (86)
• Employee Polygraph Protection Act (88)
• Fair Credit Reporting Act (70)
• State/ Local Laws
• Civil Service Laws Regulations