In the united states, these laws exist at the federal. Ethical issues in recruitment and selection despite nearly fifty years of enforcement of equal employment opportunity laws in which hiring managers are prohibited to make hiring decisions based on nonjob related factors sex, race, religion, national origin, color. From the regulations of the equal employment opportunity commission to the standards and practices of organizations such as the human resource management institute, hr constantly must be. Learn about several laws, regulations, policies and governing entities that human resource management hrm must comply with, like the civil rights act of 1964, title vii, the equal employment. The same equal employment opportunity legal considerations that govern employment discrimination generally apply specifically to employee recruitment and selection procedures in the private and public sectors. Early legal developments 102 government regulation of equal employment opportunity 102 major federal laws 103 highlights in hrm 1. In this lesson, youll learn what equal employment opportunity is as well as the primary laws and. Open the session by discussing with students what legal issues hr professionals face on a.
Learn vocabulary, terms, and more with flashcards, games, and other study tools. Although the topic concerning the role that the hr area and professionals have to play in ethical issues is. Policy and legal compliance diversity best practices. The equal employment opportunity eeo law provides framework for developing hr systems that are consistent with legal requirements and make hr decisions that is legally defensible. If you are an employer seeking information about legal termination of employees, you may wish to contact both the equal employment opportunity commission eeoc and your state labor office to ensure you do not violate any federal or state labor laws. Public policy regarding equal employment opportunity eeo is expressed in constitutions and more particularly in antidiscrimination laws. For more information, see the policies on equal employment opportunity and workplace harassment in the owners manual. Test your knowledge of equal employment opportunity law 104 other federal laws and executive orders 114 fair employment practice laws 115 other equal employment opportunity issues 116 sexual harassment 116.
Chapter 2 the legal environment discussion questions 1. Both the employer that made the request and the employment agency that honored it would be liable. For example, whistleblowers who raise ethical, financial, or other. Avoid these 6 recruitingrelated legal issues hr exchange. Human resources management and the law encyclopedia. Equal employment opportunity eeo laws prohibit specific types of job discrimination in certain workplaces.
A list of ethical issues for human resource management. Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under federal law from. First, an organization that can confidently state that they practice equal employment has a greater advantage to attracting qualified and dedicated candidates. Best practices for employers equal employment opportunity. Identify 3 national equal employment opportunity laws that impa. Both the equal employment opportunity and affirmative action are workplace policies that seek to reduce discrimination in business. Human resource management 9th edition noe solutions manual. Should discrimination occur despite workplace policies against it, hr.
Although title vii of the civil rights act exempts employers with fewer than fifteen employees, many states extend antidiscrimination laws to smaller employers with one or more workers. The most recent federal equal employment opportunity law is the. Although state and federal equal opportunity laws do not clearly forbid employers from making pre employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employers intent to discriminate unless the questions asked. The most common laws that affect hr decisions and actions involve equal employment opportunities, discrimination, labor laws and medical leaves of absence. Human resources departments must handle a host of ethical and legal issues.
Affirmative action and equal employment opportunity. Ethical issues in recruitment, selection and employee. State and local laws governing equal employment opportunity that are often more comprehensive than federal laws. Discuss the details of employee health and safety laws. If there is not an effective process of human resource management within an organisation there is a chance that many things that are not useful for the organisation could occur such as hiring an unsuitable person for the job, workers not doing their best, business time wasted with useless interviews and experiencing legal and labour issues. Congress identifies an area of employment relationship that could be improved by legislation. Human resource management and equal opportunities commerce essay. Religious discrimination involves treating a person an applicant or employee unfavorably because of his or her religious beliefs. Equal employment opportunity isthe law private employers, state and local governments, educational institutions, employment agencies and labor organizations. Making ethical decisions and managing a socially responsible business.
Ron scott pt, jd, edd, llm, in promoting legal and ethical awareness, 2009. You can contact any of the small business liaisons of the u. Common ethical issues in the workplace toxic culture. Consequently, creating a work culture and environment for employees that encourages diversity and discourages employment discrimination in any form is critical for your success. Legal environment of human resources and labor relations. The equal employment opportunity commission eeoc is responsible for. Therefore, hr managers need to understand applicable employment law to protect the rights of their employees. Here at uc berkeley, we value your growth and development throughout your career journey.
Equal employment opportunity and human resources management. In addition to the protected classes addressed in title vii, the equal employment opportunity law protects discrimination based on sexual orientation, age, individuals with disabilities. Pdf the concept of equal opportunity is discussed and defined. Federal law of employment discrimination in a nutshell.
Religious discrimination equal employment opportunity. Legal issues in hrm legalconsiderations inhr deannakolar. Understanding the difference equal employment opportunity represents a body of law that prohibits discrimination on the basis of race, color, national origin, gender, religion, age, and disability. Policy and legal compliance eeo and affirmative action. Unfortunately, there are still many whose practices break with eeoc guidelines. But a wave of litigation is running up against higher legal.
The law protects not only people who belong to traditional, organized religions, such as buddhism, christianity, hinduism, islam, and judaism, but also others who have sincerely held religious, ethical or moral. List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Equal employment opportunity commission and they can answer any questions you may have. Hr is required to advise and assist with compliance issuesno matter how heartless. In conciliation, the specialist assists management and the union with focusing on the issues in. Top 7 legal issues faced in human resources professionals. Mar 19, 2018 the first thing to know about employment law is which laws apply to a particular business. Equal employment opportunities in the recruitment and selection process of human resources. Laws and regulations title vii of the 1964 civil rights act banned most discriminatory hiring practices. Aleksandra stoilkovska, jana ilieva, and stefan gjakovski. Describe the process through which the legal context of human resource management is created. However, employers develop ways to deal with hr issues of discrimination through creating basic workplace principles based on mutual respect and adherence to laws that prohibit. We are available to assist you with situations that involve allegations of unfair treatment, discrimination, affirmative action, and other issues that involve fairness, as well as with disability and religious accommodations.
Discrimination is an inevitable and unfortunate consequence, given the level of diversity, varied work styles, generations and personalities in the workforce. In this case, there is a good chance the latino employee could win a legal case against. Hrm structures promote goals of equal employment opportunity and. Most human resource managers also are responsible for training other key management personnel to ensure these laws are being upheld throughout the company. Equal employment opportunity an overview sciencedirect topics. Prohibited practices equal employment opportunity commission. Equal employment opportunity commission eeoc, there are seven federal. Besides the general law that covers every job applicant, there are certain laws for specific groups of employees or specific professions. The following is a list of employment laws that regulate hiring, wages, hours and salary, discrimination, harassment, employee benefits, paid time off, job applicant and employee testing, privacy, and other important workplace and employee rights issues. When considering the important of equal employment practices for organizations, it is easy to see the benefits of eeo laws. The united states federal government instituted both programs in an effort to encourage diversity in corporate hiring and promotion. Difference between equal employment opportunity and. Legal issues in human resource management retail management.
Equal employment opportunity is the law private employers, state and local governments, educational institutions, employment agencies and labor organizations. Equal employment opportunity commission the new york times. Equal employment opportunity isthe law private employers, state and local governments, educational institutions, employment agencies and labor organizations applicants to and employees of most private employers, state and local governments, educational institutions. Equal employment opportunity law and firm profitability joni hersch abstract based on a sample of 260 cases reported in the wall street journal between 1964 and 1986, this study finds that the equity value of firms charged with violating equal employment opportunity eeo laws fell at the time that a suit, decision, or settlement was an. Eeo laws and the groups of people that each law protects.
Organizations must recruit a diverse workforce, enforce policies and training that support an equal opportunity program, and foster an environment that is respectful of all types of people. Equal employment opportunity law and firm profitability. The legal context of human resource management is shaped by a variety of forces. The key laws that currently impact human resource management and labor. How to deal with hr issues of discrimination your business. For human resource professionals, practical eeo issues arise in. Legalconsiderations inhr deannakolar september2014 learningobjectives. Nov 25, 2019 in employment discrimination lawsuits, the business always loses, even if that loss is a diminished public reputation. It is illegal to discriminate against an applicant based on any of these factors.
Eeo laws prohibit discrimination on the basis of stated. What are various employment laws which affect hr decisions. May 31, 2019 employees have a variety of rights in the workplace, established under both federal and state law. Equal employment opportunity policy auburn university recognizes its ethical and legal obligation to provide a work environment in which employment opportunities are open to all qualified individuals without discrimination on the basis of race. Make sure performance appraisals are based on employees actual job performance. In the process, hr managers can help their companies avoid lawsuits, fines and legal expenses. A list of ethical issues for human resource management your.
This toolkit discusses pertinent federal laws, protected classes of employees, types of employment discrimination, risk management, enforcement of equal employment opportunity laws and policies. Department of labor dol has two agencies which deal with eeo monitoring and enforcement, the civil rights center and the office of federal contract compliance programs. Laws require organizations to be equal employment opportunity employers. If you feel that your rights may have been violated in the context of your employment, it may be in your best interests to talk to an experienced employment attorney who will explain your options and protect your legal rights. News about equal employment opportunity commission, including commentary and archival articles published in the new york times. Chapter 3 equal employment opportunity and human resources. Several theorists identify mainstream hrm s employment. Therefore, the equal employment opportunity commission eeoc was developed specifically to address issues of discrimination and unequal employment practices. Equal employment opportunity human resource management and.
Three sensitive areas of legal concern that managers must comply with are equal opportunity, affirmative action, and sexual harassment, described in the following sections. Monitor compensation practices and performance appraisal systems for patterns of potential discrimination. Indeed, regulations and laws govern all aspects of human resource management. Equal employment opportunity is an important concept for employers, employees, and job applicants. Laws affecting human resource practices principles of management.