Lesson 6: ETHICAL/LEGAL ISSUES
Objectives
To present ethical issues involved in delivering career development services
To present EEO and ADA regulations in relation to career planning, job search
and job placement
This lesson will briefly review key legislation that has been passed to protect the rights of diverse populations in the workplace. In the legal sense, discrimination is defined as any action that unlawfully or unjustly results in unequal treatment to persons or groups based on race, color, ethnicity, religion, sex, national origin, disability or reprisal.
Age Discriminationand Employment Act of 1967
Age discrimination is prohibited by the Age Discrimination and Employment Act. This act made it unlawful for an employer (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply with this Act.
This Act also made it illegal for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual's age, or to classify or refer for employment any individual on the basis of such individual's age.
Further the Act made it illegal for a labor organization (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age; (2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's age; (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
The Act also made it unlawful for an employer to discriminate against any of his employees or applicants for employment, or for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this Act.
Finally, this Act made it unlawful for an employer, labor organization, or employment agency to print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination, based on age.
Civil Rights Act of 1991
Also known as PL-102-166, this Act provides the most comprehensive basis for the elimination of discrimination and is an amendment of the 1964 Civil Rights Act. This legislation strengthened and improved earlier civil rights legislation by providing for damages in cases of intentional employment discrimination, and it clarified provisions regarding disparate impact actions. One of your links below takes you to this legislation.
The Family and Medical Leave Act of 1993
This legislation seeks to enable employees of both sexes to balance more easily the obligations of work and family, and it applies to organizations with more than 50 employees in all workplace settings--business, government, schools and US Post Office. Employees who have worked 12 months are covered. The act allows employees to take an unpaid 12 week leave to care for a family member. When the person returns, he'she must be reinstated in the same or an equivalent position. The employee must stay covered under group health while on leave, and employers cannot discriminate nor punish in any way employees who choose to take this leave. See more about this legislation in the link below.
EEO: Equal Employment Opportunity Act
Job interview questions should be asked only to determine the applicant's ability to perform the job duties. Occasionally interviewers ask so-called "illegal" questions out of ignorance of the Equal Employment Opportunity Regulations or, in some cases, to discriminate against hiring certain groups of people. The groups protected by these regulations are:
- Women
- Vietnam-era veterans (separated after August 15, 1964)
- Forty- to sixty-five-year-olds
- Minorities (Black, Asian, Native American or Spanish-surnamed American)
- Individuals with handicapping conditions
In Addition:
Other laws have an impact on career development, as they protect against exclusion from participation because of race, color, religion, sex, national origin, age, or disability. Some of the most important pieces of legislation include: the Equal Pay Act of 1963 that mandates equal pay for equal or substantially similar work; Title VII of the Civil Rights Act that prohibits sex discrimination in employment; The Fair Labor Standards Act; The Rehabilitation Act of 1973; and the Americans With Disabilities Act (ADA). In addition, the child labor laws protect American youth by prohibiting the exploitation of the very young.
Anyone working in the career development field should be well versed in laws affecting employment. For example, one of the most recent pieces of legislation, with broad implications for CDFs, is the Americans with Disabilities Act, described below. Included in this section is an overview of the act, implications for career development and job search training personnel, and sources to contact for additional information.
This information has been reprinted with permission from Workforce in Transition (pp. A-29 to A-32), listed in the resource section of this manual. We also acknowledge the expertise of Robert C. Slayton, who provided this information.
The Purpose of ADA and Who Is Impacted:
ADA was designed to end discrimination against qualified people with disabilities in the nation's workplaces. The ADA covers all organizations with 15 or more employees, and state and local governments. The few exceptions are the U.S. Federal Government (except the Legislative Branch), Indian Tribes, and private membership clubs who meet the government's exemption qualifications. (Note: The U.S. Federal Government is covered under the Rehabilitation Act of 1973.)
The ADA covers all employment issues, from the application process through receiving promotions. It also covers accessibility issues in public places and public transportation.
A qualified individual with a disability is "an individual with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who with or without reasonable accommodation, can perform the essential functions of a job" (Technical Assistance Manual on the Employment Provisions, Title I, of the ADA). A person with a disability, according to the ADA, is someone:
- whose disability causes a significant limitation to a major life activity
- who has had a record of impairment (e.g., injured on the job 2 years ago, unable to work for 6 months, but is now fully recovered)
- who is regarded as having a disability (e.g. a person with AIDS)
- who has associations with persons with disabilities (e.g. a mother of a child who has leukemia)
Current illegal drug users are not covered, though alcoholics are (Randell, Forget & Miller, 1993).
The Five Titles of
Title I deals with employment and promotion issues.
Subtitle A of Title II covers making programs, services, and buildings in state and local governments accessible to individuals with disabilities.
Subtitle B of Title II covers accessibility issues for all entities that involve the primary business of transporting the public, or which are using federal dollars in their transportation programs.
Title III deals with making public places (i.e.: restaurants and grocery stores) and commercial facilities (i.e.: office buildings and warehouses) accessible to persons with disabilities.
Title IV covers phone companies. All common carriers must provide telecommunications relay services which allow people with hearing and/or speech disabilities to use the telephone system.
Title V covers miscellaneous provisions.
Ethical Issues Impacting the CDF
Competencies and Limitations:
Career development professionals and paraprofessionals have special competencies for planning, organizing, implementing and administering career development programs and services to individuals and groups in a wide variety of settings.
CDF's have their own set of professional competencies. The competencies of career development counselors are described in professional publications such as: The National Career Development Guidelines (1989) published by the National Occupational Information Coordinating Committee (NOICC), The Vocational/Career Counseling Competencies (1991), the Ethical Standards of the National Career Development Association (1988), and The Professional Counselor (Engels and Dameron, 1990). Professional competency statements guide practice by addressing critical ethical and legal issues.
Professionalism:
Limit practice to skill level by doing only what you are competent and credentialed to do. Some states may control the function under state licensure and dictate the scope of practice and conditions in which you may provide services, i.e., work under a licensed counselor. It is important for CDFs to seek guidance and support from professional counselors or supervisors.
Supervisors, who may not be familiar with the demands of the career planning process and the limitations of your background, may sometimes pressure you to go beyond your capabilities. It may be wise to identify a professional counselor as a mentor and seek his or her advice.
Understand the limitations of testing. These measurements are imprecise, and should only be used in the context of the total picture of the client/student. Keep up with advances in technology and new research.
Confidentiality:
Care must be taken to ensure the client's/student's right to privacy is adequately protected. No personal information should be shared without the informed consent of the client. If you work in an educational institution or government program, personal information about the clients should be shared only with those who have a legitimate need to know. In such a case, formal statements need to be reviewed and signed by the client. If case notes and other personal records are kept, they must be stored in a secure area.
Check these links:
http://dww.deafworldweb.org/pub/a/ada.html
http://www.eeoc.gov/laws/cra91.html
http://www.usdoj.gov/crt/ada/adahom1.htm
http://www.census.gov/dmd/www/2khome.htm
http://ec.msfc.nasa.gov/hq/library/lawsalph.html
http://www.msue.msu.edu/msue/imp/moddp/11180157.html
http://www.usdoj.gov/crt/ada/adahom1.htm
http://www.dol.gov/dol/esa/public/regs/statutes/ofccp/ada.htm
http://www.msue.msu.edu/msue/imp/moddp/02090169.html
http://www.msue.msu.edu/msue/imp/moddp/d4110094.html
http://www.msue.msu.edu/msue/imp/moddp/20293077.html
Assignment:
- Go to NPR’s home page, NPR.org and then click on NPR Archives. Once you get into their archives, type "carpal tunnel" in the first search topic box and click FIND. Then click on the 11-07-01 Carpal Tunnel Story and listen to the segment on your computer. Post a few sentences regarding your assessment of both Toyota's perspectives and the female employee's in the Class Discussion. This is worth 10 points.
- Research one piece of employment legislation in depth and post a one page paper on your legislation in the Class Discussion. This is worth 15 points.
Please e-mail Susan
Roudebush if you have any comments.
Updated January 4, 2002
Copyright 2002, Susan Roudebush