OSHA

Occupational Safety and Health Act

Employer

• General-duty clause - workplace free from hazards
• Keep Records of work-related injuries and illnesses and post summary

Employees have a right

• request an inspection
• representation at inspection
• dangerous substance identified
• information about hazard exposure
• employer violations posted

OSHA Inspection

• Reviews records
• Walkaround
• employee interviews
• discuss findings

Depending on seriousness -gives time frame to make corrections.


Business citation

Harassment

Sexual Harassment
Interpretation of Title VII by EEOC

Quid pro - sexual activity is demanded for getting or keeping a job or job related benefit.

Hostile work environment - behavior of co-workers, supervisors, customers, or anyone else is sexual in nature and employee perceived behavior as offensive and undesirable.

Supreme Court Decisions

• Frequency of discriminatory conduct
• Severity
• Physically threatening or humiliating or merely offensive utterance
• Interferes with employee's work performance

Employer defense

• Reasonable care to correct and prevent in timely manner.
• Plaintiff's use of internal procedures

ADA

Prohibits discrimination against people with disabilities able to perform essential job functions with or without reasonable accommodation.

Disability must substantially affect one or more major life activities.

“(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

“(B) MAJOR BODILY FUNCTIONS.—For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Reasonable accommodation unless undue hardship because of nature of job, size of company, union agreements, cost of accommodation.

Exceptions to coverage

• illegal or street drug use
• homosexuality and bisexuality
• compulsive gambling, kleptomainia, pyromania
• if with reasonable accommodation still cannot perform essential job tasks - employer does not have to hire.
• No medical tests before making an offer, but employment offer can be made contingent on passing test.
  

EEOC

US Equal Employment Opportunity Commission


EEOC, Part 1: Introduction - Click here for more amazing videos



EEOC, Part 2 (Approx. 6 Min.) - More free videos are here

Scenarios

A charter bus company requires drug tests of all its drivers prior to every charter. This test seems to screen out more young minority males than any other group or protected class.


A charter bus company requires a written etiquette test of all its drivers prior to every charter. This test seems to screen out more young minority males than any other group or protected class.

Title VII of the Civil Rights Act of 1964

Applies to

• companies with 15 or more employees
• employment agencies
• labor unions

General Provisions

• Prohibits employment decisions based on: Race, color, religion, sex, national origin
• Employment decision: compensation, terms, conditions, privileges

Definitions

Protected class
Group suffered in past, now given special protection by judicial system
African Americans, Asian Americans, Latinos, Native Americans, Women

Disparate treatment
When employer treats an employee differently because of protected class status

Disparate impact (Adverse impact)
Same standard applies to all, but affects protected class more negatively


Standards

Disparate treatment

• Prima facie
  
• (McDonnel-Douglas test)
• Organization did not hire person (protected class)
• Person appeared to be qualified
• Someone else was hired after plaintiff was rejected

Adverse impact

• Prima facie
• Restrictive policy in effect
• Four-fifths rule

Companies defense

• Job relatedness
• Bona fide occupational qualification
• Seniority
• Business necessity

Equal Pay Act

Scenarios

Adopting a pay plan where a man can receive more pay than a women if his work quality is significantly better than hers (or vice-versa).

Enforcing a plan that pays a women more per year if she has been with the company longer than a man (or vice-versa).

Paying a male employee more than a female employee if he has supervises other employees and has more job duties than she does (or vice-versa).

Paying a woman more than a man if she is living in a different state in which the cost of living is considerably more than the region in which the male employee is living (or vice-versa).

At a ceramics company, the major difference between the jobs being done by women and men is a weightlifting restriction placed on women. The women are paid less than the men.