Chapter 3: Providing Equal
Employment Opportunity and a Safe
Workplace
The Legislative Branch - Answer Consists of the two houses of Congress; has enacted a
number of laws governing human resource activities. U.S. Senators and representatives
generally develop these laws in response to perceived societal needs.
Example: Title VII of the Civil Rights Act in the early 60's to ensure that various minority groups
received equal opportunities.
The Executive Branch - Answer Responsible for enforcing the laws passed by Congress.
Includes the many regulatory agencies that the president oversees. These agencies enforce
these laws through drawing up regulations detailing how to abide by the laws to filing suit
against alleged violators. The president has the power to issue executive orders (do not require
congressional approval) that may regulate the activities of organizations that have contracts
with the federal government.
Examples of federal agencies involved in regulating human resource management: Equal
Employment Opportunity Commission and the Occupational Safety and Health Administration.
The Judicial Branch - Answer Federal court system that influences employment law by
interpreting the law and holding trials concerning violations of the law. The U.S. Supreme Court
(head of judicial branch) is the court of final appeal and make binding decisions that can only be
overturned through laws passed by Congress.
Example: Civil Rights Act of 1991 was partially designed to overturn the Supreme Court
decision.
Equal Employment Opportunity (EEO) - Answer The condition in which all individuals have an
equal chance for employment, regardless of their race, color, religion, sex, age, disability, or
national origin.
Thirteenth Amendment - Answer Abolished slavery, covers all individuals, enforced by the
court system. Has been applied in cases where discrimination involved badges (symbols) and
incidents of slavery.
Fourteenth Amendment - Answer Provides equal protection for all citizens and requires due
process in state action. Covers all state actions (e.g., decisions of government organizations) and
is enforced by the court system. Recently has been applied to the protection of whites in
charges of reverse discrimination. It applies only to the decisions or actions of the government
, or of private groups whose activities are deemed government actions. Therefore, if someone
had filed a claim under the 14th amendment, it wouldn't be applicable in a private employer.
Civil Rights Acts (CRAs) of 1866 and 1871 (as amended) - Answer Grant all citizens the right to
make, perform, modify, and terminate contracts and enjoy all benefits, terms and conditions of
the contractual relationship. Covers all individuals. Enforced by the court system. These laws
may seem outdated, but they are still used because they allow the plaintiff to recover both
compensatory and punitive damages.
Equal Pay Act of 1963 - Answer Requires that men and women performing equal jobs receive
equal pay. Covers employers engaged in interstate commerce. Enforced by the EEOC. Equal is
defined by terms of skill, efforts, responsibility, and working conditions. However, if the pay
differences result from differences in seniority, merit, quantity or quality of production, or any
other factor other than sex (such as participating in a training program or working the night
shift), then the differences are legal.
Title VII of CRA - Answer Forbids discrimination based on race, color, religion, sex, or national
origin. Covers employers with 15+ employees working 20+ weeks per year, labor unions, and
employment agencies. Enforced by the EEOC. Resulted from the civil rights movement of the
early 1960s. Signed by President Johnson to ensure employment was based on character or
ability. Employers may not use these characteristics as the basis for not hiring someone, firing
someone, or for discriminating against them in terms of their pay, conditions of employment, or
privileges of employment. Also states employers may not retaliate against employees for either
opposing a perceived illegal employment practice, the purpose of which is to protect employees
from employers threats and intimidation aimed at discouraging employees from bringing illegal
action to light.
Age Discrimination in Employment Act of 1967 - Answer Prohibits discrimination in
employment against individuals 40 years of age and older. Covers employers with 15+
employees working 20+ weeks per year, labor unions, employment agencies, and federal
government. Enforced by the EEOC. Older workers tend to be paid more, so a company that
wants to cut labor costs may save by laying off its oldest workers (the act prevents this). Similar
to Title VII, the ADEA outlaws hiring, firing, setting compensation ates, or other employment
decisions based on a persons age being over 40. Some firms offer early retirement incentives as
an alternative to layoffs, which require employees to sign a contract waiving their rights to sue
(contract must not be coerced, must be understood, and given enough time to make decision).
Defense needs to establish performance related criterion for layoffs. These age layoff
complaints typically associated w slow economy.
Rehabilitation Act of 1973 - Answer Requires affirmative action in the employment of
individuals with disabilities. Covers government agencies, federal contractors and
subcontractors with contracts greater than $2,500. Enforced by OFCCP. Similar to this is the
Vietnam Era Veterans' Readjustment Act of 1974, which requires federal contractors and
subcontractors to take affirmative action toward employing veterans of the Vietnam War.
Employment Opportunity and a Safe
Workplace
The Legislative Branch - Answer Consists of the two houses of Congress; has enacted a
number of laws governing human resource activities. U.S. Senators and representatives
generally develop these laws in response to perceived societal needs.
Example: Title VII of the Civil Rights Act in the early 60's to ensure that various minority groups
received equal opportunities.
The Executive Branch - Answer Responsible for enforcing the laws passed by Congress.
Includes the many regulatory agencies that the president oversees. These agencies enforce
these laws through drawing up regulations detailing how to abide by the laws to filing suit
against alleged violators. The president has the power to issue executive orders (do not require
congressional approval) that may regulate the activities of organizations that have contracts
with the federal government.
Examples of federal agencies involved in regulating human resource management: Equal
Employment Opportunity Commission and the Occupational Safety and Health Administration.
The Judicial Branch - Answer Federal court system that influences employment law by
interpreting the law and holding trials concerning violations of the law. The U.S. Supreme Court
(head of judicial branch) is the court of final appeal and make binding decisions that can only be
overturned through laws passed by Congress.
Example: Civil Rights Act of 1991 was partially designed to overturn the Supreme Court
decision.
Equal Employment Opportunity (EEO) - Answer The condition in which all individuals have an
equal chance for employment, regardless of their race, color, religion, sex, age, disability, or
national origin.
Thirteenth Amendment - Answer Abolished slavery, covers all individuals, enforced by the
court system. Has been applied in cases where discrimination involved badges (symbols) and
incidents of slavery.
Fourteenth Amendment - Answer Provides equal protection for all citizens and requires due
process in state action. Covers all state actions (e.g., decisions of government organizations) and
is enforced by the court system. Recently has been applied to the protection of whites in
charges of reverse discrimination. It applies only to the decisions or actions of the government
, or of private groups whose activities are deemed government actions. Therefore, if someone
had filed a claim under the 14th amendment, it wouldn't be applicable in a private employer.
Civil Rights Acts (CRAs) of 1866 and 1871 (as amended) - Answer Grant all citizens the right to
make, perform, modify, and terminate contracts and enjoy all benefits, terms and conditions of
the contractual relationship. Covers all individuals. Enforced by the court system. These laws
may seem outdated, but they are still used because they allow the plaintiff to recover both
compensatory and punitive damages.
Equal Pay Act of 1963 - Answer Requires that men and women performing equal jobs receive
equal pay. Covers employers engaged in interstate commerce. Enforced by the EEOC. Equal is
defined by terms of skill, efforts, responsibility, and working conditions. However, if the pay
differences result from differences in seniority, merit, quantity or quality of production, or any
other factor other than sex (such as participating in a training program or working the night
shift), then the differences are legal.
Title VII of CRA - Answer Forbids discrimination based on race, color, religion, sex, or national
origin. Covers employers with 15+ employees working 20+ weeks per year, labor unions, and
employment agencies. Enforced by the EEOC. Resulted from the civil rights movement of the
early 1960s. Signed by President Johnson to ensure employment was based on character or
ability. Employers may not use these characteristics as the basis for not hiring someone, firing
someone, or for discriminating against them in terms of their pay, conditions of employment, or
privileges of employment. Also states employers may not retaliate against employees for either
opposing a perceived illegal employment practice, the purpose of which is to protect employees
from employers threats and intimidation aimed at discouraging employees from bringing illegal
action to light.
Age Discrimination in Employment Act of 1967 - Answer Prohibits discrimination in
employment against individuals 40 years of age and older. Covers employers with 15+
employees working 20+ weeks per year, labor unions, employment agencies, and federal
government. Enforced by the EEOC. Older workers tend to be paid more, so a company that
wants to cut labor costs may save by laying off its oldest workers (the act prevents this). Similar
to Title VII, the ADEA outlaws hiring, firing, setting compensation ates, or other employment
decisions based on a persons age being over 40. Some firms offer early retirement incentives as
an alternative to layoffs, which require employees to sign a contract waiving their rights to sue
(contract must not be coerced, must be understood, and given enough time to make decision).
Defense needs to establish performance related criterion for layoffs. These age layoff
complaints typically associated w slow economy.
Rehabilitation Act of 1973 - Answer Requires affirmative action in the employment of
individuals with disabilities. Covers government agencies, federal contractors and
subcontractors with contracts greater than $2,500. Enforced by OFCCP. Similar to this is the
Vietnam Era Veterans' Readjustment Act of 1974, which requires federal contractors and
subcontractors to take affirmative action toward employing veterans of the Vietnam War.
