Chapter 3 Equal Opportunity Employment

1. Fundamentals of Human Resource Management Eighth Edition DeCenzo and Robbins Chapter 3 Equal Opportunity Employment www.AssignmentPoint.com

2. Introduction • Government legislation affects all HRM functions • State and municipal laws impact HRM, as well as the Federal laws www.AssignmentPoint.com

3. Laws Affecting Discriminatory Practices • Legislation prohibiting discrimination on the basis of race, sex, and national origin before the 1964 Civil Rights Act • Civil Rights Act of 1866 • Fourteenth Amendment to the Constitution www.AssignmentPoint.com

4. Laws Affecting Discriminatory Practices www.AssignmentPoint.com

5. Civil Rights Act of 1964 • Title VII prohibits discrimination in: • hiring • compensation • terms, conditions or privileges of employment • based on: • race • religion • color • sex • national origin • Applies to any organization with 15 or more employees. www.AssignmentPoint.com

6. Civil Rights Act of 1964 • Griggs v. Duke Power Company (1971) • demonstrated that selection criteria must be directly relevant to the job. • Equal Employment Opportunity Act (EEOA) • Granted enforcement powers to the EEOC • Equal Employment Opportunity Commission (EEOC) • The arm of the federal government empowered to handle discrimination in employment cases www.AssignmentPoint.com

7. Civil Rights Act of 1964 • Affirmative Action • Reflect the 1972 premise that white males made up the majority of workers • Companies in the 70’s were still growing and could accommodate more workers • Minorities should be hired to correct past prejudice • Legal and social coercion were necessary to bring about change • Involves: • analyzing current work force demographics • establishing goals and timetables for correcting imbalances www.AssignmentPoint.com

8. Civil Rights Act of 1964 • Controversy and criticism of preferences in employment for protected groups is causing legislative bodies to take a second look at Affirmative Action. • Adverse (disparate) impact • occurs when there is a greater rejection rate in an occupation for a protectedgroup (those protected under discrimination laws) than for the majority group. • Adverse (disparate) treatment • occurs when members of a protected group are treated differently than other employees. www.AssignmentPoint.com

9. Laws Affecting Discriminatory Practices • Executive Order (E.O.) 11246 • Prohibits discrimination on the basis of religion, color, and national origin • Affects • Federal agencies • Those working under federal contracts • Executive Order (E.O.) 11375 • Added sex-based discrimination www.AssignmentPoint.com

10. Laws Affecting Discriminatory Practices • Age Discrimination in Employment Act of 1967 • protects those 40 and older • eliminates mandatory retirement and the arbitrary replacement of older workers with younger workers • provides for oversight in pension and benefit issues www.AssignmentPoint.com

11. Laws Affecting Discriminatory Practices • Pregnancy Discrimination Act of 1978 • Employment decisions may not be based on an individual’s pregnancy • Must treat pregnancy as any other short-term disability • Supplemented by various state laws www.AssignmentPoint.com

12. Laws Affecting Discriminatory Practices • The Americans with Disabilities Act of 1990 (ADA) • Extends protection of Vocational Rehabilitation Act to most forms of disability status (including AIDS and other contagious diseases). • Requires companies to make reasonable accommodations for qualified applicants and employees. • Covers private companies and all public service organizations. www.AssignmentPoint.com

13. Laws Affecting Discriminatory Practices • The Family and Medical Leave Act of 1993 • Employees in organizations employing 50 or more workers can take up to 12 weeks unpaid leave each year for • Childbirth • Adoption • Own illness or illness of a family member • Employees must meet eligibility requirements to be covered. • Employers must meet certain communication requirements under the Act. www.AssignmentPoint.com

14. Laws Affecting Discriminatory Practices • Executive Order 11478 • Amends E.O. 11246 • Practices in the federal government must be based on merit • Prohibits discrimination based on: • Political affiliation • Marital status • Physical handicap www.AssignmentPoint.com

15. Laws Affecting Discriminatory Practices • Civil Rights Act of 1991 • Passed after Supreme Court decisions diminished effect of Griggs decision. • Prohibits racial harassment • Returns burden of proof to employer • Reinforces illegality of making hiring, firing or promotion decisions on basis of race, ethnicity, sex or religion • Permits women and religious minorities to seek punitive damages in intentional discriminatory claims • Included the Glass Ceiling Act www.AssignmentPoint.com

16. Guarding Against Discrimination Practices • Determining Potential Discriminatory Practices • The 4/5ths Rule • Restricted Policy • Geographical Comparisons • McDonnell-Douglas Test www.AssignmentPoint.com

17. Guarding Against Discrimination Practices • The 4/5ths Rule • Guideline established by EEOC Uniform Guidelines on Employee Selection Procedures. • Compares selection ratio for minority applicants to that for majority applicants • If less than 4/5ths (80%), discrimination may have occurred. • Applies to all steps in a selection process. www.AssignmentPoint.com

18. Guarding Against Discrimination Practices • Restricted Policy • infractions occur when HRM activities result in exclusion of a class of individuals • E.g., laying off employees over age 40 while recruiting younger workers www.AssignmentPoint.com

19. Guarding Against Discrimination Practices • Geographical Comparisons Characteristics of the qualified pool of potential applicants are compared to characteristics of employees www.AssignmentPoint.com

20. Guarding Against Discrimination Practices • McDonnell-Douglas Test • Individual is member of a protected group. • Individual is qualified for job. • Individual is rejected. • Organization continues to seek other applicants with similar qualifications. www.AssignmentPoint.com

21. Responding to an EEO Charge • Employers should discontinue practices which cannot be defended. • Practice reinstated only after • Careful study • Practice is modified, if necessary • Three defenses: • Business necessity • Bona Fide occupations qualifications • Seniority System www.AssignmentPoint.com

22. Responding to an EEO Charge • Business Necessity • the right to expect employees to perform successfully • shown by demonstrating that selection criteria are job-related www.AssignmentPoint.com

23. Responding to an EEO Charge • Bona Fide Occupational Qualifications • Can be use when job requirements are “Reasonably necessary to meet the normal operation of that business or enterprise” • Title VII exceptions • Sex • Age • Religion www.AssignmentPoint.com

24. Responding to an EEO Charge • Seniority Systems • Decisions that adversely affect protected group members may be permissible if: • Based on well-established and consistently applied seniority systems www.AssignmentPoint.com

25. Selected Relevant Supreme Court Cases • Cases Concerning Discrimination • Cases Concerning Reverse Discrimination www.AssignmentPoint.com

26. Selected Relevant Supreme Court Cases • Cases concerning discrimination • Griggs v. Duke Power (1971): Tests were illegal when they resulted in adverse impact and were not job related. • Albemarle Paper Company v. Moody (1975): Clarified methods for using and validating tests in selection • Wards Cove Packing Company v. Atonio (1989): Statistics alone could not support evidence of discrimination; burden of proof shifted to the plaintiff. www.AssignmentPoint.com

27. Selected Relevant Supreme Court Cases • Cases concerning reverse discrimination • Bakke v. the Regents of the University of California at Davis Medical School (1978): School could not set aside seats for minorities. • United Steelworkers of America v. Weber (1979): Court supported company’s voluntary affirmative action training program for minorities. www.AssignmentPoint.com

28. Selected Relevant Supreme Court Cases • Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986): • Affirmative action may not take precedence over a seniority system • Collective bargaining agreement giving preferential treatment to minorities in layoffs was illegal. • Johnson v. Santa Clara County Transportation (1987): • Preferential treatment based on AA goals permitted if non-minorities protected. www.AssignmentPoint.com

29. Enforcing Equal Employment Opportunity • Equal Employment Opportunity Commission • Jurisdiction for Title VII and other legislation that covers charges of discrimination based on race, color, sex, national origin, age or disability. • Five Step Process to Pursue Charges www.AssignmentPoint.com

30. Enforcing Equal Employment Opportunity • EEOC notifies company within 10 days of filing and begins investigation • EEOC notifies company of findings within 120 days • If unfounded, process stops If founded, EEOC tries to resolve • If unsuccessful, EEOC begins mediation (settlement meeting) • If unsuccessful, EEOC may file charges in court www.AssignmentPoint.com

31. Enforcing Equal Employment Opportunity • Office of Federal Contract Compliance Programs (OFCCP) • Enforces • Executive Order 11246 • Section 503 of Vocational Rehabilitation Act • Vietnam Veterans Readjustment Act of 1974. • Operates within U.S. Dept. of Labor. • Investigates discrimination complaints; process similar to that of EEOC. • Can cancel employer’s contract with federal government • Applies to any organization with a federal contract or acts as a subcontractor. www.AssignmentPoint.com

32. HRM in a Global Environment • Laws affecting Human Resource Management vary greatly by country. • Canadian laws closely parallel those in the U.S. • In Mexico, employees more likely to be unionized. • Australia’s discrimination laws not enacted until the 1980s www.AssignmentPoint.com

33. Current Issues in Employment Law • What is Sexual Harassment? • Unwanted activity of a sexual nature that affects an individual’s employment • Prohibited under Title VII as sex discrimination • Sexual harassment can occur where: verbal or physical conduct toward an individual: • (1) creates an intimidating, offensive, or hostile environment • (2) unreasonably interferes with an individual’s work • (3) adversely affects employee’s employment opportunities. www.AssignmentPoint.com

34. Current Issues in Employment Law • Meritor Savings Bank v. Vinson Supreme Court case: supported hostile environment claims; identified employer liability. • Harris v. Forklift Systems, Inc. Supreme Court case: victims don’t have to suffer substantial mental distress. • 1998 Supreme Court ruling indicated that harassment can take place even if the employee does not experience any negative job repercussions. www.AssignmentPoint.com

35. Current Issues in Employment Law • Are Women Reaching the Top of Organizations? • Comparable worth - determining fair pay for both female-oriented jobs and male-oriented jobs based on comparable skill, effort, and responsibility. • Glass ceiling - lack of women and minority representation at the top levels of organizations. • OFCCP has glass ceiling initiative. • Promotes career development for women and minorities. • Looks for such in its audits. www.AssignmentPoint.com