Chapter 4

Ensuring Fair Treatment and Legal Compliance
Society and Law 

Society’s view of “fair treatment” is constantly changing. What was OK last century is not today, and what is OK today may not be in 10 years.

In the USA, our legal system defines generally what we should be doing for fair treatment; however simply following these laws do not ensure that we have a “fair treatment” workplace.

- These laws are created by members of our workforce with taxes, agencies and courts.

Concerns of the Labor Force

Fairness is a desirable social condition: 

- We want to both be treated fairly and be seen by others as fair.

- Companies rated “Best Places to Work” emphasize fairness in their workplace.

- Fairness encourages trust, and can therefore “hold a workplace together”

Members of the labor force express dissatisfaction in many ways:

- Job applicants evaluate company fairness in Job Offers – salary, benefits, etc. They decide to work where they think is “fair” to them.

- Employees continue to express feelings of fairness once hired, both direct and indirectly though conversations at work.

- If employees feel treated unfairly, they may “vote with their feet” by leaving or by suing the company

- Many companies conduct employee surveys to track employee happiness.

Customers Win when Employers Treat Employees Fairly

Well treated employees will treat their customers better, essentially putting forth a good face for your company. Customer satisfaction data shows a direct correlation between employee and customer happiness.

THE HR TRIAD

Line Mangers – must stay informed, be aware of employees and intervene when necessary

HR Professionals – must not only conform to laws, but understand society. Shall be up to date on laws, design, deliver and evaluate diversity training. Helps keeps employers and employees in balance.

Employees – behave fairly, participate in trainings, report bad behavior and assist foreigners in assimilating to our culture.

Distributive Justice

When employees feel that the outcome of their situation is fair in comparison to that of others, they feel a sense of distributive justice.

- Individualistic society (like USA) focuses on the person and merit.

- Collectivistic (Asia) give benefits to those that need it

Procedural Justice

Based on the perceptions about the fairness of the process that was used to reach a decision.

Interactional Justice

How an employee feels whether a manager is sensitive to their situation and treats them politely and respectfully.

Reactions to Unjust Treatment

a) Quit

b) Stay and Accept

c) Stay but be disruptive

d) Talk to a mentor or employee relations

e) Complain to external authorizes, lawyers or the media.

Legal Means to Ensure Fair Treatment

Laws (and society’s views) have evolved to cover most all of the bases of employee fairness. Example is now that 99% of companies prohibit sexual orientation discrimination, vs. 51% in 2000.

Federal Laws

Title ' of Civil Rights Act of 1964 

Age Discrimination in Employment Act

Americans with Disabilities Act of 1990

- Employers are to adjust the job to accommodate the disabled worked, including accessibility, scheduling, providing assistance.

State Laws

State laws often offer better protection for employees (example employing Civil Rights Act to smaller than 15 person businesses). They also happen sometimes in advance of federal law.

- The Family Medical Leave Act in CA is very good, offering ½ pay for 6 weeks.

Executive Orders

In the US, the president can issue orders that protect those that work for the government.

Administrative Agencies

3 Important Agencies that prosecute companies:

- Equal Employment Opportunity Commission - administers Title VII of Civil Rights as well as equal pay Act.

- Occupational Safety and Health Administration – safety inspection ,etc

- National Labor Resources Boards – focuses on unions and groups.

A class action lawsuit involves a group of similar employees and asserts that all members suffered due to unfair practices by an employer

Legal Precedents

Refers back to important decisions by Judges or Courts in the past and use these as a basis for making a decision in a new case.

Employment at Will / And It’s Limits 

Assumes that employers have the right to terminate employees for (almost) any reason, however, many Acts can help to limit the power of the employer.

Employment Contracts

Employment contracts are written by employers to protect them and can sometimes take away employee rights. The issue here is that most employees that sign these do so under duress and feel forced to sign these.

Layoffs

This is a procedural process that is likely the last step with a bad employee.

International Operations

It is very difficult to fire employees in other countries so many companies think twice before moving there for cheap labor.

Settling Disputes

1) Company Grievance Procedures

2) Mediation and Arbitration: Mediation to a 3rd Party and is informal. Arbitration is w/ a lawyer.

3) Courts – A lawsuit will bring about a settlement and possible award of monetary damages.

Pro-Active Approach to ensuring Fair Treatment – creating a culture of fairness

1) Diversity Management Initiatives – policies and practices that an organization adopts for the purpose of ensuring all members are treated fairly. This can create a culture of inclusion where all employees feel equally integrated into the larger system.

2) Harassment Policies – Harassment is conduct that creates a hostile environment, affects performance. Can result in self-blame, anger, etc.

A) Sexual Harassment – propositioning your students for Anal Sex can definitely constitute sexual harassment. Dildos in the lunch box, etc. you know the drill ….

Fairness must be reciprocated – in order to continue the feeling of fairness and keep employees on the “same team” with a higher inclusive goal.

Current Issues:

1) ' is better than in the '.

a) Access to Medical And Lifestyle Info – employers can save a lot of money if they insure low-risk people. This is why drug testing has increased so much in the US by employers.

b) Access to Genetic Information – Employers do on-site health screenings to check cholesterol, etc to see if employees are healthy. The House allowed for a 2007 bill to allow this, but the Senate rejected it.

c) Electronic Monitors – microchips can be inserted into the body … kinda like minority report. No thanks!

Data Protection Directive an EU regulation that sets restriction on what personal information can be collected and store. It applies to all the areas of everyday activity and to all the EU countries.

Chapter 3 Chapter 5