Law and Equal Employment Opportunity
Chapter Overview
| | | Laws and regulations have assumed an importance of major proportions in the process of staffing organizations. Virtually all aspects of staffing are subject to their influence. No organization can or should ignore provisions of the law; in this case, ignorance truly is not bliss. This chapter begins by discussing the formation of the employment relationships from a legal perspective. It first defines what an employer is, along with the rights and obligations of being an employer. The employer may acquire people to work for it in the form of employees, independent contractors, and temporary employees. Legal meanings and implications for each of these terms are provided. For many reasons, the employment relationship has become increasingly regulated. Reasons for the myriad laws and regulations affecting the employment relationship are suggested. Then, the major sources of the laws and regulations controlling the employment relationship are indicated. Equal employment opportunity and affirmative action (EEO/AA) laws and regulations have become paramount in the eyes of many who are concerned with staffing organizations. The general provisions of five major EEO/AA laws are summarized, along with indications of how these laws are administered and enforced. While voluntary compliance is preferred by the enforcement agencies, if it fails, litigation may follow. Litigation is based on the key concepts of disparate treatment and disparate impact. For these same five laws, their specific (and numerous) provisions regarding staffing are then presented in detail. Within this presentation the true scope, complexity, and impact of the laws regarding staffing become known. Numerous information sources about EEO/AA laws and regulations are then presented. Also described are several compliance and outreach initiatives by the Equal Employment Opportunity Commission (EEOC). Attention then turns to other staffing laws and regulations. These involve
| | | Laws and regulations have assumed an importance of major proportions in the process of staffing organizations. Virtually all aspects of staffing are subject to their influence. No organization can or should ignore provisions of the law; in this case, ignorance truly is not bliss. This chapter begins by discussing the formation of the employment relationships from a legal perspective. It first defines what an employer is, along with the rights and obligations of being an employer. The employer may acquire people to work for it in the form of employees, independent contractors, and temporary employees. Legal meanings and implications for each of these terms are provided. For many reasons, the employment relationship has become increasingly regulated. Reasons for the myriad laws and regulations affecting the employment relationship are suggested. Then, the major sources of the laws and regulations controlling the employment relationship are indicated. Equal employment opportunity and affirmative action (EEO/AA) laws and regulations have become paramount in the eyes of many who are concerned with staffing organizations. The general provisions of five major EEO/AA laws are summarized, along with indications of how these laws are administered and enforced. While voluntary compliance is preferred by the enforcement agencies, if it fails, litigation may follow. Litigation is based on the key concepts of disparate treatment and disparate impact. For these same five laws, their specific (and numerous) provisions regarding staffing are then presented in detail. Within this presentation the true scope, complexity, and impact of the laws regarding staffing become known. Numerous information sources about EEO/AA laws and regulations are then presented. Also described are several compliance and outreach initiatives by the Equal Employment Opportunity Commission (EEOC). Attention then turns to other staffing laws and regulations. These involve