Major governing bodies established by the Constitution

 Major governing bodies established by the Constitution

The three major governing bodies established by the Constitution

 

·         Legislative Branch
2) Executive Branch
3) Judicial Branch

 

Legislative Branch

 

·         Consists of the House of Representatives and the Senate. They develop laws that govern many HRM activities.

 

Executive Branch

 

·         Consists of the president of the United States and the many regulatory agencies the president oversees.

 

Executive Order 11246

 

·         Signed by President Lyndon Johnson which required all federal contractors and subcontractors to engage in affirmative action programs designed to hire and promote women and minorities.

 

Judicial Branch

 

·         Consists of the federal court system, which is made up of three levels:
1) U.S. District Courts and quasi-judicial administrative agencies
2) U.S. Courts of Appeal, and
3) The U.S. Supreme Court

 

Equal Employment Opportunity (EEO)

 

·         The government's attempt to ensure that all individuals have an equal opportunity for employment, regardless of race, color, religion, sex, age, disability, or national origin.

 

Protected Class (Group)

 

·         Race, religion, color, or national origin; people over 40; and people with physical or mental handicaps

 

Thirteenth Amendment

 

·         Abolished slavery in the United States.

 

Fourteenth Amendment

 

·         Forbids the states from taking life, liberty, or property without due process of law and prevents the states from denying equal protection of the laws.

 

Civil Rights Act of 1866

 

·         Broken into two sections:
Section 1982 grants all persons the same property rights as white citizens, and
Section 1981 granted other rights including the right to enter into and enforce contracts.

 

Civil Rights Act of 1871

 

·         Punitive in nature: granted all citizens the right to sue in federal court if the felt they had been deprived of some civil right.

 

Equal Pay Act

 

·         An amendment to the Fair Labor Standards Act, requires that men and women in the same organization who are doing equal work must be paid equally.

 

Title VII of the Civil Rights Act of 1964

 

·         This major legislation regulating equal employment opportunity in the United States is a direct result of the civil rights movement of the early 1960s.

 

Age Discrimination in Employment Act (ADEA)

 

·         Prohibits discrimination against employees over the age of 40. It is designed to protect employees over the age of 40.

 

Vocational Rehabilitation Act of 1973

 

·         Covers executive agencies and contractors and subcontractors that receive more than$2,500 annually from the federal government. It requires them to engage in affirmative action for individuals with disabilities.

 

Vietnam Era Veteran's Readjustment Act of 1974

 

·         Requires federal contractors and subcontractors to take affirmative action towards employing Vietnam veterans.

 

Pregnancy Discrimination Act

 

·         Makes it illegal to discriminate on the basis of pregnancy, childbirth, or related medical conditions as a form of unlawful sex discrimination.

 

Americans with Disabilities Act (ADA) of 1990

 

·         Act prohibiting individuals with disabilities from being discriminated against in the workplace.

 

Equal Employment Opportunity Commission (EEOC)

 

·         The government commission to ensure that all individuals have an equal opportunity for employment, regardless of race, color, religion, sex, age, disability, or national origin.

 

Utilization Analysis

 

·         A comparison of the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

 

Goals and Timetables

 

·         The part of a written affirmative action plan that specifies the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained.

 

Action Steps

 

·         The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups.

 

Three types of discrimination

 

·         Disparate (Adverse) Treatment
2) Disparate (Adverse) Impact
3) Sexual Harassment

 

Disparate (Adverse) Treatment

 

·         Exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status.

 

Disparate (Adverse) Impact

 

·         Occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

 

Sexual Harassment

 

·         Where employment decisions are based upon submission or rejection of sexual acts.

 

Bona Fide Occupational Qualification (BFOQ)

 

·         A job qualification based on sex, religion, and so on, that the employer asserts is a necessary qualification for the job.

 

Reasonable Accommodations

 

·         Making facilities readily accessible to and usable by individuals with disabilities.

 

Occupational Safety and Health Act (OSHA)

 

·         The law that authorizes the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.

 

General Duty Clause

 

·         The provision of the Occupational Safety and Health Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards.

 

Safety Awareness Programs

 

·         Employer programs that attempt to instill symbolic and substantive changes in the organization's emphasis on safety.

 

Job Hazard Analysis Technique

 

·         A breakdown of each job into basic elements, each of which is rated for its potential for harm or injury.

 

Technic of Operations Review (TOR)

 

·         Method of determining safety problems via an analysis of past accidents.