U.S legal system delineates a citizen’s constitutional

rights
Af f ects HRM
T he Constitution explicitly def ines the roles and
responsibilities of each of 3 branches

the House of Representatives

Legislative Develop laws that govern many HRM activities. Most of the laws stem f rom a perceived societal need.
the Senate

The Legal System in the United States the president of the United States

the many regulatory agencies the president oversees

 T he president can propose bills to Congress if passed, would become laws.

Executive

T he president has the power to veto any law passed Allows the president to inf luence how laws
by Congress are written.
3 branches

Types of Discrimination Af f ects these laws T he president can inf luence what types of violations
are pursued.

T he president can issue executive orders

T he president appoints all the judges in the f ederal judicial

system, subject to approval f rom the legislative branch.

T he U.S. District Courts Hear cases involving alleged violations of f ederal laws T he Supreme Court serves as the court of f inal appeal
Sexual Harassment
Judicial T he f ederal court system First level Originally set up to ease the Supreme Court’s
Quasi-judicial administrative agencies (the National Labor
caseload
Af f irmative action and reverse discrimination Hear cases regarding their particular jurisdictions Decisions made by the Supreme Court are binding; they can
Current Issues Regarding Diversity and Equal Employment Relations Board or NLRB) be overturned only through legislation.
Opportunity
Retaliation for Participation and Opposition
Outcomes of the Americans with disabilities act

T he government’s attempt to ensure that all individuals have an equal chance f or

LGBT issues employment, regardless of race, color, religion, sex, age, disability, or national
origin.

Abolished slavery in the United States.

Employee Rights under OSHA
T hirteenth Amendment
Applied in cases where the discrimination involved the
OSHA Inspections “badges” (symbols) and “incidents” of slavery.
T he occupational saf ety and health act (OSHA) The Legal Environment: Equal Consitutional amendments
Citations and Penalties Employment Opportunity and Forbids the states f rom taking lif e, liberty, or property without due process of law
and prevents the states f rom denying equal protection of the laws. 
Safety Fourteenth Amendment
T he Ef f ect of OSHA
Applicable only to “state actions.”

Go beyond compliance with OSHA and attempt to instill Employee safety

symbolic and substantive changes in the Attempts to f urther T hirteenth Amendment's goal
organization’s emphasis on saf ety. 

Identif ying and Communicating Job Hazards Section 1982 Granted all persons the same property rights as white citizens

Saf ety awareness programs 1866

Reconstruction Civil Rights Acts (1866 and 1871)
An analysis methodology that helps managers determine Granted other rights, including the right to enter Granting individuals the right to make and enf orce
T echnic of operations review (T OR) Reinf orcing Saf e Practices Section 1981
which specif ic element of a job led to a past accident. into and enf orce contracts employment contracts.

Promoting Saf ety Internationally Granted all citizens the right to sue in f ederal court if  they f elt they had been deprived of some
1871
civil right. 

Investigation and Resolution An amendment to the Fair Labor Standards Act

Equal Employment Opportunity Commission

Inf ormation Gathering Requires that men and women in the same organization Equal in terms of skill, ef f ort, responsibility, and working
(EEOC)
Equal Pay Act of 1963 who are doing equal work must be paid equally.  conditions.
Issuance of Guidelines

Enforcement of Equal Employment Allows f or reasons why men and women perf orming the Dif f erences in seniority, merit, quantity or quality of production, or any f actor other than sex
same job might be paid dif f erently. (such as shif t dif f erentials or training programs), then dif f erences are legally allowable.
Compares the race, sex, and ethnic composition of the Opportunity
Utilization analysis 
employer’s workf orce with that of the available labor
supply.
T he major legislation regulating equal employment
Of f f ice Of Federal Contract Compliance opportunity in U.S.
Achieving balance in the workf orce concerning these
Goals and timetables Programs (OFCCP)
characteristics
T itle VII of the Civil Rights Act of 1964 Fail or ref use to hire or discharge any individual, or otherwise discriminate against any individual with respect to his
T he f ederal government has used constitutional compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion,
Action steps amendments, legislation, and executive orders, as well as sex, or national origin
the court decisions that interpret these laws
 Illegal f or an employer
Limit, segregate, or classif y his employees or applicants f or employment in any way that would deprive
 Equal employment opportunity laws Congressional legislation or tend to deprive any individual of employment opportunities or otherwise adversely af f ect his status
as an employee because of such individual’s race, color, religion, sex, or national origin.

Prohibits discrimination against employees over the age of 40.

Age Discrimination in Employment Act of 1967
Protect older employees when a f irm reduces its workf orce through layof f s. 

Covers executive agencies and contractors and subcontractors that receive more than $2,500 annually f rom
the f ederal government.
Rehabilitation Act of 1973
Encourage employers to actively recruit qualif ied individuals with disabilities and to make reasonable
accommodations to allow them to become active members of the labor market. 

Requires f ederal contractors and subcontractors to take af f irmative action toward employing Vietnam
Vietnam Era Veteran’s Readjustment Assistance Act of
veterans
1974

Makes illegal discrimination on the basis of  pregnancy, childbirth, or related medical

Pregnancy Discrimination Act
conditions as a f orm of unlawf ul sex discrimination.

Civil Rights Act of 1991

Protects individuals with disabilities f rom being

Americans with Disabilities Act of 1990
discriminated against in the workplace.

Prohibits discrimination based on race, color, religion, sex, and national origin. Unlike T itle VII, this order
Executive Order 11246
applies only to f ederal contractors and subcontractors.
Executive orders
Requires the f ederal government to base all its employment policies on merit and f itness, and specif ies
Executive Order 11478
that race, color, sex, religion, and national origin should not be considered.