Module 4: Organizational Behavior and Management

1
Module 4Organizational Behavior and Management
Professor Cristina Banks banks_at_haas.berkeley.edu O
ffice Hours Wednesday 2-4 _at_ F526
2
Employment Law

• Equal Employment Opportunity Laws
• Wage and Hour Laws
• Government Enforcement Agencies
• Sexual Harassment

3
Equal Employment Opportunity

• Civil Rights Act of 1964
• Age Discrimination in Employment Act
• Americans with Disabilities Act
• California Fair Employment and Housing Act

4
Civil Rights Act of 1964

• It shall be an unlawful practice to fail or
  refuse to hire or to discharge an individual or
  to otherwise discriminate against any individual
  with respect to his/her compensation, terms,
  conditions, or privileges or employment, because
  of such individuals race, color, religion, sex,
  or national origin.

5
Adverse Impact

• When an employment decision has a disproportional
  impact on a protected group.
• Results when sex, age, race, religion, national
  origin and disability status is considered
  directly or indirectly in the employment
  decision.
• Adverse impact discrimination
• Defense employment process is necessary for
  normal business operations

6
Americans with Disabilities Act

• A disability is a physical or mental impairment
  that substantially limits a major life activity.
• Cannot reject a person from employment because of
  a disability.
• All people (with disabilities) should be
  evaluated on the basis of their ability to
  perform the essential functions of the job.
• Companies must provide reasonable accommodation

7
California Fair Employment and Housing Act

• Employers must be blind to a persons
• Age
• Ancestry
• Disability
• Marital Status
• Race
• Sex
• Religion
• Sexual Orientation

8
Implications of Employment Laws

• Employers must be blind to sex, age, race,
  creed, color, national origin, religion, or
  disability status (and sexual orientation in CA)
  in employment decisions.
• Law tells you what you cant use, NOT what you
  should use.
• Law doesnt cover other characteristics that
  people use in a discriminatory manner

9
Affirmative Action

• Two equally qualified candidates
• Break the tie between the two candidates
• Pick the candidate who is under-represented in
  the workforce

10
Government Enforcement Agencies for Civil Rights

• Equal Employment Opportunity Commission (EEOC)
• California Department of Fair Employment and
  Housing (DFEH)

11
Wage and Hour Laws

• Fair Labor Standards Act of 1938
• Minimum wage
• Overtime requirements
• California Wage Orders
• Meal periods and rest breaks

12
Overtime Earned

• Work over 40 hours/week
• Work over 8 hours in a single day
• Overtime 1.5 times hourly rate

13
Meal and Rest Break Laws

• California Wage Orders
• Work 4 hours, 10-minute paid break
• Work 5 hours, 30-minute unpaid meal break
• Work 10 hours, two 30-minute unpaid meal breaks
• Missed meal or rest break, 1 hour of extra pay

14
Sexual Harassment

• Sexual harassment is sex discrimination.
• Sexual behavior of any kind (verbal or physical)
  puts you and your employer at risk.
• You may lose your job and pay damages if you are
  convicted of sexual harassment.
• Harassment is in the mind of the victim, not in
  the intentions of the perpetrator.

15
Sexual Harassment

• Quid Pro Quo
• Cannot reject a person from employment or deny an
  employment advantage (e.g., raise, promotion)
  when the person declines sexual favors.
• Cannot offer a person employment or an employment
  advantage in exchange for sexual favors.
• Hostile Work Environment
• Cannot create a hostile work environment through
  verbal or physical behavior of a sexual nature.

16
Interpreting Sexual Harassment Law

• Unwelcome sexual advances
• Intentions
• Reasonable woman standard
• Who you are protected from
• Remediation
• Immediate
• Fair, equitable

17
Test

• If an employer selects a person for a job on the
  basis of their race, it is a violation of the
  law.
• If an employer selects a less qualified minority
  person for the job over a more qualified majority
  person, it is a violation of the law.
• If an employer promotes a person to a new
  position because the candidate was more
  attractive than all other candidates, it is a
  violation of the law.

18
Test

• If an employer hires job candidates who score the
  highest on a qualifying exam but it results in
  adverse impact, it is a violation of the law.
• If a medical school sets aside 20 out of 100
  spaces in the entering class for minorities only,
  it is a violation of the law.

19
Test

• Two co-workers are dating but when they are at
  work, they do not display affection toward each
  other and keep their relationship private.
• A manager asks his subordinate for sexual favors
  in exchange for a lighter workload and higher
  pay.
• A manager and her subordinate are attending a
  conference away from the office. The manager
  kisses her subordinate in the taxi on the way to
  the conference. The subordinate objects to being
  kissed.