MGT 302 Lecture Notes - Lecture 1: Outsourcing, Job Evaluation, Customer Service
MGT NOTES 1/24
EMPLOYMENT AT WILL
• U.S says organizations can fire people for any reason at any time, also they can quit
whenever they want
• Most of the world uses doctrine of implied contract
o At a etai poit i tie afte ou’e ee okig fo a while, there must be a
reason for termination
• Equal employment is an exception to AWE (at-will employment)
• EEO = equal employment opportunity
• EEOC = people who oversee and direct (in D.C) EEO
EMPLOYMENT DISCRIMINATION
• Employment decision-making or working conditions that are unfairly advantageous (or
disadvantageous) to members of one group compared to members of another group
• 2010 poll
o most Americans believe racism widespread
▪ 51% whites, 59% Hispanics, 78% blacks
o 40% Americans believe anti-white bias is a problem
o 31% Asians reported incidents of discrimination
o 22% white women perceived discrimination, 3% white men
o 20% Hispanic men perceived discrimination, 15% Hispanic women
• 2012 poll
o 15% U.S employees believe they have been discriminated against in the past 12
months
▪ 33% promotion decisions
▪ 27% gender discrimination
▪ 23% race discrimination
FEDERAL VS STATE VS LOCAL LAWS
• ost stiget ule takes peedet
• lowest min wage is 7.25, highest is like 12,50
EMPLOYMENT-RELATED DISCRIMINATION
MAJOR SOURCES OF EEO REDRESS
• title VII of 1964 U.S Civil Rights Act (amended, 1991)
o prohibits against
1. race
2. color
3. religion
4. sex
5. national origin
▪ sexual orientation NOT protected by federal government (but 22 states
and Puerto Rico)
o all organizations are required to comply when there are 15+ employees EXCEPT
▪ private clubs
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▪ religious organizations (sep of church and state)
▪ Indian reservations
o plaitiff eeds to estalish Pia faie ase i ode to egi aguig
▪ looks very credible so that it Is presumed to be true and will probably
continue unless someone stops
▪ ways to begin:
• disparate (adverse) treatment
o intentional
1. plaintiff points to one or more prohibited
discrimination
2. person applied and was qualified for the job
3. he/she as ejeted ad did’t get the jo
4. job remained open to people with exactly the same
credentials or something less
• disparate (adverse) impact
o unintentional
o organizations that engage in practices which results in
discrimination against certain groups of people
o class action suits – lots of people involved
o 80% or 4/5 rule: examine the results of the practice
o weird explanation, check worksheet
o discrimination on basis of religion
▪ easoale aoodatio – complicated bc used in Americans with
disabilities act
▪ 9/11 had strong impact on amount of cases filed
▪ we do’t eall see huge aouts of this
o illegal harassment
▪ unwelcome conduct based on race, color, creed, sex, national origin,
disability
▪ illegal
• enduring conduct becomes employment condition
• eates itiidatig, hostile, o ausie ok eioet
o disiiatio ith egad to peso’s oditios of
employment
o sexual harassment: definition
▪ handout
▪ 2 types:
1. quid pro quo harassment: if you do this for me I’ll do this fo ou
2. hostile environment: offensive environment that unreasonably
interferes with a peso’s ailit to do thei oks
▪ reasonable woman standard: more wins related to women
• 50% operating under reasonable person standard, other 50%
RWO
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find more resources at oneclass.com
▪ plaintiff does not have to show particular harm, just have to show
harassment occurred
▪ who tends to win?
• Physical contact of sexual nature: organization does not win
• Sexual propositions aka threats or promises of employment: loss
(for organization)
• Maageet did’t do athig: loss
• Organization has no formal policy against harassment: loss
• Employers are ALWAYS liable when the hostile environment is
created by the supervisor and it results in a tangible employment
action (gets penalized)
o Ma e shielded if…
▪ Employer took reasonable care to prevent it AND
▪ Plaintiff did not use corrective opportunities
offered by the organization
▪ California and Maine have great sexual harassment regulations
o Proactive steps
▪ Develop a written policy against sexual harassment
• Include a strong statement from top management that
harassment will not be tolerated
• Inform all employees of the sexual harassment policy
▪ Inform employees that they should expect a harassment-free
environment
▪ Conduct training to make managers/supervisors aware of the problem
▪ Detail sanctions for violators and protection for those who make any
charges
▪ Establish a grievance procedure for all alleged victims
o discrimination on the basis of national origin
▪ more cases filed in Miami than anywhere else in U.S
o what is permitted?
▪ Seniority systems meeting certain criteria
• Must be bona fide seniority systems: move people by seniority
within the organization
• If you ever violate this you lose this
▪ Veteas’ pefeee ights
▪ National security reasons
▪ Job qualifications based on job-related, valid test scores, background
and/or experience
▪ BFOQS
• Bona fide occupational qualifications
• essee of the usiess
• essentially a license to discriminate
• key question: is customer preference OK?
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find more resources at oneclass.com
Document Summary
Federal vs state vs local laws: (cid:862)(cid:373)ost st(cid:396)i(cid:374)ge(cid:374)t(cid:863) (cid:396)ule takes p(cid:396)e(cid:272)ede(cid:374)t lowest min wage is 7. 25, highest is like 12,50. Include a strong statement from top management that harassment will not be tolerated. Inform all employees of the sexual harassment policy. If you ever violate this you lose this: vete(cid:396)a(cid:374)s" p(cid:396)efe(cid:396)e(cid:374)(cid:272)e (cid:396)ights, national security reasons. Job-relatedness = careful job analysis: connecticut v teal (1982, all hurdles (application, interview, etc. ; steps in the process) in selection process must comply with adverse treatment/adverse impact guidelines. 39: removed mandatory retirement ages, olde(cid:396) (cid:449)o(cid:396)ke(cid:396)s" (cid:271)e(cid:374)efit p(cid:396)ote(cid:272)tio(cid:374) a(cid:272)t (cid:894)(cid:1005)99(cid:1004)(cid:895, prima facie case, age as a bfoq, pu(cid:271)li(cid:272) safet(cid:455) situatio(cid:374)s (cid:396)e(cid:395)ui(cid:396)i(cid:374)g (cid:862)good ph(cid:455)si(cid:272)al (cid:272)o(cid:374)ditio(cid:374)(cid:863, same standards applied to younger employees. Job-relatedness and consistent with business necessity: (cid:862)age dis(cid:272)(cid:396)i(cid:373)i(cid:374)atio(cid:374)(cid:863) as lo(cid:374)g as the(cid:455) a(cid:396)e fi(cid:396)ed a(cid:374)d (cid:396)epla(cid:272)ed (cid:271)(cid:455) so(cid:373)eo(cid:374)e (cid:455)ou(cid:374)ge(cid:396) (cid:449)ith sa(cid:373)e skill set. Notes 2/7: customized approach not on quiz (?) Work analysis approaches vary: types of information collected, task oriented, worker-oriented, trait-oriented.
