1、中文 3544 字 （本科 毕 业论 文 ） 外文文献及译文 文献、资料题目： Legal Framework for Equal Employment (Human Resource Management Chapter4) - 1 - 外文文献： Legal Framework for Equal Employment Laws on Sex/Gender Discrimination A number of laws and regulation address discrimination on the bases of sex/gender .Historically, women
2、experienced employment discrimination in a variety of ways. The inclusion of sex as a basis for protected-class status in Title VII of the 1964 Civil Rights Act has led to various areas of protection for women. Pregnancy Discrimination The Pregnancy Discrimination Act (PDA) of 1978 requires that any
3、 employer with 15or more employees treat maternity leave the same as other personal or medical leaves. Closely related to the PDA is the Family and Medical Leave Act (FMLA) of 1993, which requires to the PDA is the Family and Medical Leave of family leave without pay and also requires that those tak
4、ing family leave be allowed to return to jobs (see Chapter 14 for details). The FMLA applies to both men and women. In court cases it generally has been ruled that the PDA requires employers to treat pregnant employees the same as no pregnant employees with similar abilities or inabilities. Therefor
5、e, an employer was ruled to have acted properly when terminating a pregnant employee for excessive absenteeism due to pregnancy-related illnesses because the employee was not treated differently than other employee with absenteeism problem. However, in another case, a dental employee who was fired f
6、ive days after she told her manager that she was pregnant was awarded $18,460 by a court decision that ruled her employer violated the PDA. Two other areas somewhat related to pregnancy and motherhood also have been subjects of legal and regulatory action. The U.S. Equal Employment Commission has ru
7、led that denial of health insurance coverage for prescription contraceptives under employer-provided health plans violates the PDA. A result of this ruling is that employers who have changed their health insurance plans to offer contraceptive coverage may face increases in benefit costs. A number of
8、 states have passed laws that guarantee breast-feeding rights at work for new mothers. Although attempts have been to enact such legislation at the federal level, that legislation has not been enacted yet. Equal Pay and Pay Equity The Equal Pay Act of 1963 requires employers to pay similar - 2 - wag
9、e rates for similar work without regard to gender. A common core of tasks must be similar, but tasks performed only intermittently or infrequently do not make jobs different enough to justify significantly different wages. Differences in pay may be allowed because of: (1) differences in seniority, (
10、2) differences in performance, (3) differences in quality and/or quantity of production, and (4) factors other than sex, such as skill, effort, and working conditions. For example, a university was found to have violated the Equal Pay Act by paying a female professor a starting salary lower than sal
11、aries paid to male professors with similar responsibilities. In fact, the court found that the woman professor with taught larger classes and had more total students than some of the male faculty members. Another pay-related theory is pay equity, which is that the pay for jobs requiring comparable l
12、evels of knowledge, skill, and ability should be similar, even if actual duties differ significantly. This theory has also been called comparable worth in earlier cases. But except where state laws have mandated pay equity for public-sector employees, U.S. federal courts generally have ruled that th
13、e existence of pay differences between jobs held by women and jobs held by men is not sufficient to prove that illegal discrimination has occurred. A major reason for the development of the pay equity idea is the continuing gap between the earning of women and men. For instance, in 1980, the average
14、 annual pay of full-time women workers was 60% of full-time men workers. By 2001, the reported rate of 72% showed some progress. More in-depth data and research studies have shown that when education and experience differences of men and women are considered, women earn about 90% of what comparable
15、men workers earn. Another interesting reason for the pay differential, job mobility and changing employers, is explored in the HR Perspective. Sexual Harassment Regulations and Cases The Equal Employment Opportunity Commission (EEOC) has issued guidelines designed to curtail sexual harassment. Sexua
16、l harassment refers to actions that are sexually directed, ate a hostile work environment. Sexual harassment conditions or creates a hostile work environment. Sexual harassment can occur between a boss and a subordinate, among co-workers, and when non-employees have business contacts with employees. According to EEOC statistics, more than 90% of sexual harassment charges filed involve harassment of women by men. However, some sexual harassment cases have been filed by men
