Labor law

Select one labor relations law.

Discuss the law, how it was originated and how it protects either the worker or the organization. Avoid using quotes from the articles. Explain the concepts in your own words and use proper citations and references. Use personal voice e.g. I agree, I feel, I believe, etc. and real-life examples from your experience. This paper should have at least 3 references.

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Employee Relations and Labor Laws

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What is Employee Relations?

  • Traditionally
  • Ensuring that people work well together
  • Resolving problems between people
  • Handling conflict
  • Company policies
  • Dealing with performance issues
  • Dealing with negative behavior at work

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What is Employee Relations? Cont.

  • This role of HR if not done in a positive way:
  • HR can be viewed as the police
  • Not approachable
  • Perceived as aligned only with management
  • Not supportive
  • Not fair
  • Not developmentally focused
  • And in many companies to be avoided!

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Diversity, Equal Employment,
and Affirmative Action

  • Diversity
  • The variety of dimensions differentiating people
  • Equal Employment Opportunity
  • Individuals should have equal treatment in all employment-related actions.
  • Protected Class
  • Individuals within a group identified for protection under equal employment laws and regulation.
  • Race, ethnic origin, color • Gender • Age
  • Disability • Military experience • Religion
  • Marital status • Sexual orientation

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Affirmative Action

  • Affirmative Action
  • A process in which employers identify problem areas, set goals, and take positive steps to enhance opportunities for protected-class members and to remove the effect of past discrimination.
  • https://www.youtube.com/watch?v=1lC2Xpgfduk
  • Reverse Discrimination
  • Occurs when a person is denied an opportunity because of preferences give to protected-class individuals who may be less qualified.
  • https://www.youtube.com/watch?v=sWCqtJJUogs

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Major Equal Employment Laws and Concepts

  • Civil Rights Act of 1964, Title VII
  • Coverage
  • All private employers with 15 or more employees
  • All educational institutions
  • State and local governments
  • Public and private employment agencies
  • Labor unions with 15 or more employees
  • Joint labor/management apprenticeship committee
  • Established the Equal Opportunity Commission to enforce the act’s provisions.
  • https://www.youtube.com/watch?v=sY3y53CGKtE

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Concepts Resulting in
Equal Employment Opportunity

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Figure 4–2

Business Necessity and Job Relatedness

  • Business Necessity
  • A practice that is necessary for safe and efficient organizational operations.
  • Example- A Chinese firm in the US needing to hire a Chinese speaking assistant.
  • Bona Fide Occupational Qualifications (BFOQ)
  • A business characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration.
  • Example- Mandatory retirement age for airline pilots
  • Disparate Treatment
  • A situation that exists when protected-class members are treated differently from others.
  • https://www.youtube.com/watch?v=QHiA-jdhjUM

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Civil Rights Act of 1991

  • Significant provisions:
  • Employment practices must be job-related and consistent with business necessity.
  • Plaintiffs must identify particular employment practice and show that protected-class status was a factor in the employment practice.
  • Provided limited compensatory damages for intentional discrimination.
  • Allows plaintiffs to seek jury trials.
  • Extended EEO coverage to U.S. citizens overseas.
  • https://www.youtube.com/watch?v=rerNF29Chzc

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Laws on Sex/Gender Discrimination

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Acts
Pregnancy Discrimination Act (PDA) of 1978 Requires an employer to treat maternity leave the same as other personal or medical leaves. Employers must treat pregnant employees the same as other employees.
Family Medical Leave Act (FMLA) of 1990 Requires that individuals be allowed up to 12 weeks of unpaid leave for family/medical purposes.
Equal Pay Act of 1963 Requires employers to pay similar wage rates for similar work without regard to gender. Exceptions are permitted for differences in seniority, performance, output, and other work-related factors.

Sex/Gender Discrimination

  • Pay Equity (Comparable Worth)
  • The concept that pay for jobs requiring comparable levels of knowledge, skill, and ability should be paid similarity, even if actual duties differ significantly.
  • Arises from the continuing gap between the earnings of women and men.
  • Courts have consistently ruled against the concept.
  • Sexual Harassment
  • Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment.

Americans with Disabilities Act (ADA)

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ADA Concepts
Disabled Person

Someone who has a physical or mental impairment that substantially limits life activities, who has a record of such impairment, or who is regarded as having such and impairment.
Essential Job Functions Fundamental job duties of the employment position that an individual with a disability holds or desires.
Reasonable Accommodation A modification or adjustment to a job or work environment that enables a qualified individual with a disability to have an equal employment opportunity.
Undue Hardship Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities.

Major Sections of the Americans with Disabilities Act

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Figure 4–4

Other Employment Discrimination Acts

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Act
Age Discrimination in Employment (ADEA) Prohibits employment discrimination against all individuals age 40 or older working for employers having 20 or more workers. Does not apply if age is a job-related qualification (BFOQ).
Immigration Reform and Control Act (IRCA) Prohibits employment discrimination against persons legally permitted to work in the United States. Requires employers to document eligibility for employment. Provides penalties for knowingly employing illegal workers.

Other Types of Discrimination

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Type of Discrimination
Religious Discrimination Discrimination is illegal unless religion is a bona fide occupational qualification. Reasonable accommodation is required.
Genetic Bias Discrimination Developing area with no clear guidelines as yet on use of genetic information in employment.
Appearance and Weight Discrimination Application of workplace dress codes is permitted. Height and weight-related job requirements must be job-related.
Sexual Orientation Unfortunately, there is currently no federal statute prohibiting private sector sexual orientation discrimination in the workplace. However, if you work for the federal government, you are protected from sexual orientation discrimination.  In 2015, the Equal Employment Opportunity Commission ruled that sexual orientation discrimination is already illegal under Title VII of the Civil Rights Act of 1964.

Other Types of Discrimination

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Type of Discrimination
Veterans’ Employment Rights The Vietnam-Era Veterans Readjustment Act and the Uniformed Services Employment and Reemployment Act encourage the employment of veterans and require employers to provide leaves of absence and reemployment rights for employees called to active duty.
Seniority and Discrimination Courts have held that the application of a valid seniority system does not violate the rights of protected-class individuals.
Conviction and Arrest Records Employers may not use arrest records in employment decisions. Conviction records may be used in determining employability if the offense is job-related.

Equal Employment Charges by Type

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Figure 4–5

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Harassment-Free Workplace

Harassment

“… any verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age or disability.”

Equal Employment Opportunity Commission, 1993

Harassment-Free Workplace

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Harassment-Free Workplace

Harassment

“Each and every working person has the legal right to work in an environment free from harassment.”

Title VII, Civil Rights Act of 1964

Harassment-Free Workplace

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Harassment-Free Workplace

Harassment

“For all practical purposes, harassment is a form of discrimination and is illegal.”

“Harassment is present when one or the other individual indicates that advances, attention, remarks or visual displays are unwanted and should be ended.”

California Labor Law Digest, 1995

Harassment-Free Workplace

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Harassment-Free Workplace

Harassment

“To worry and impede by repeated raids; to annoy persistently; to exhaust, fatigue…”

Webster’s New Collegiate Dictionary

Harassment-Free Workplace

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Harassment-Free Workplace

What Does Harassment Look Like?

Off-color jokes

Stereotyping racial, ethnic slurs

Derogatory comments

Name calling

Proselytizing

Teasing, hazing

Segregation

Sabotaging or vandalizing work

Intimidating comments

Visual displays, suggestive pictures, posters, calendars or cartoons

Leering, staring, or gestures

Harassment-Free Workplace

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Harassment-Free Workplace

What Does Harassment Look Like?

Excessive attention in the form of letters, phone calls, or gifts

Touching: brushes, pats, hugs, shoulder rubs, or pinches

Assault, rape

May be disguised as casual social interactions

Key Words

≈Unwelcome≈

≈Unsolicited≈

Harassment-Free Workplace

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Harassment-Free Workplace

Harassment can occur…

  • Between a manager and an employee.
  • Among co-workers.
  • Between employees and non-employees who have business contacts.
  • The employer can be held liable for harassment between any parties where a representative (agent) of the organization is involved.

Harassment-Free Workplace

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Harassment-Free Workplace

Who Gets Harassed?

  • The subordinate person in a power relationship.
  • Individuals in non-traditional occupations.
  • Individuals who are physically or socially isolated from others (e.g., women in male dominated jobs).

Harassment-Free Workplace

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Harassment-Free Workplace

Who Gets Harassed?

  • Individuals in low power jobs and traditionally female occupations (e.g., clerical, customer service).
  • Young, unmarried women (under 35).
  • Approximately 90% of sexual harassment cases involve harassment of women by men.

Harassment-Free Workplace

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Harassment-Free Workplace

Who Does the Harassing?

  • Individuals in positions of POWER (73% are supervisors or managers).
  • Often harassers are chronic.
  • Harassers also discriminate, treat others unfairly in other conditions of employment.

Harassment-Free Workplace

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Harassment-Free Workplace

Who Does the Harassing?

  • No clearly definable clinical profile.
  • However harassers tend to…
  • be angry and more hostile in reaction to conflict.
  • have difficulty expressing their needs directly.
  • have a high need for power and control.
  • hold negative attitudes about women and minorities.

Harassment-Free Workplace

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Harassment-Free Workplace

Why Be Concerned About Harassment?

  • 85% of new entrants to the U.S. labor force over the next decade will be women and “minorities.”
  • 42% of women and 15% of men report being sexually harassed during their tenure in the workplace.
  • Increased public awareness (Me Too# movement)

Harassment-Free Workplace

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Harassment-Free Workplace

Quid Pro Quo Harassment

  • Linking employment outcomes to granting sexual favors.
  • Submission to the sexual suggestions constitutes a term or condition of employment.
  • Where such action has employment consequences (e.g., promotion, dismissal).

Harassment-Free Workplace

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Harassment-Free Workplace

Bottom-Up

  • Critical role of employee voice.
  • Recall: only 5% of those harassed choose to report!
  • Provide on-going opportunities for dialogue, input, voicing concerns.
  • Support networking, affiliation groups (e.g., Levi Strauss).
  • Provide training in empowerment and assertiveness to all interested parties.

Harassment-Free Workplace

Acts

Pregnancy

Discrimination Act

(PDA) of 1978

Requires an employer to treat maternity leave the

same as other personal or medical leaves.

Employers must treat pregnant employees the

same as other employees.

Family Medical

Leave Act (FMLA

)

of 1990

Requires that individuals be allowed up to 12

weeks of unpaid leave for family/medical purposes.

Equal Pay Act of

1963

Requires employers to pay similar wage rates for

similar work without regard to gender. Exceptions

are permitted for differenc

es in seniority,

performance, output, and other work

related

factors.

ADA Concepts

Disabled Person

Someone who has a physical or mental impairment

that substantially limits life activities, who has a

record of such impairment, or who is regarded as

having such and impairment.

Essential Job

Functions

Fundamental

job duties of the employment position

that

an individual with a disability holds or desires.

Reasonable

A

ccommodation

A modification or adjustment

to a job or work

environment that enables a qualified individual with

a disability

to have an equal employment

opportunity

.

Undue Hardship

Significant difficulty or expense imposed on an

employer in making an accommodation for

individuals with disabilities.

Act

Age Discrimination

in Employment

(ADEA)

Prohibits employment discrimination against all

individuals age 40 or older working for employers

having 20 or more workers. Does not apply if age

is a job

related qualification

(BFOQ)

.

Immigration Reform

and Control

Act

(IRCA)

Prohibits employment discrimination against

persons legally permitted to work in the United

States. Requires employers to document

eligibility for employment. Provides penalties for

knowingly employing illegal workers.

Type of Discrimination

Religious Discrimination Discrimination is illegal unless religion is a

bona fide occupational qualification.

Reasonable accommodation is required.

Genetic Bias

Discrimination

Developing area with no clear guidelines

as yet on use of genetic information in

employment.

Appearance and Weight

Discrimination

Application of workplace dress codes is

permitted. Height and weight -related job

requirements must be job -related.

Sexual Orientation Unfortunately, there is currently no federal

statute prohibiting private sector sexual

orientation discrimination in the workplace.

However, if you work for the federal

government, you are protected from sexual

orientation discrimination. In 2015, the Equal

Employment Opportunity Commission ruled th at

sexual orientation discrimination is already

illegal under Title VII of the Civil Rights Act of

1964.

Type of Discrimination

Veterans’

Employment Rights

The Vietnam

Era Veterans Readjustment Act and

the Uniformed Services Employment and

Reemployment Act encourage the employment of

veterans and require employers to provide leaves

of absence and reemploymen

t rights for

employees called to active duty.

Seniority and

Discrimination

Courts have held that the application of a valid

seniority system does not violate the rights of

protected

class individuals

.

Conviction and

Arrest Records

Employers may not use ar

rest records in

employment decisions. Conviction records may

be used in determining employability if the

offense is job

related.

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