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EQUAL EMPLOYMENT OPPORTUNITY

EQUAL EMPLOYMENT OPPORTUNITY. Chapter Objectives. Learn about major laws affecting equal employment opportunity. Learn about court decisions that have had an impact on equal employment opportunity. Discuss the Uniform Guidelines Explain adverse impact.

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EQUAL EMPLOYMENT OPPORTUNITY

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  1. EQUAL EMPLOYMENT OPPORTUNITY

  2. Chapter Objectives • Learn about major laws affecting equal employment opportunity. • Learn about court decisions that have had an impact on equal employment opportunity. • Discuss the Uniform Guidelines • Explain adverse impact.

  3. Laws Affecting Equal Employment Opportunity

  4. Equal Employment Opportunity(EEO) An Overview • EEO has been modified since passage of the Civil Rights Act in 1964. • Congress has passed other legislation to strengthen EEO • Held employers accountable for taping the abilities of the underutilized workforce in the 1960s • EEO has become an integral part of the workplace

  5. Title VII of the Civil Rights Act of 1964 -- Amended 1972 • Greatest impact on human resource management • Illegal for an employer to discriminate • Fifteen or more employees • Created the Equal Employment Opportunity Commission (EEOC)

  6. Illegal for an Employer to Discriminate Age Disability Equal Compensation National origin Pregnancy Race Sex Religion Retaliation Sexual Harassment

  7. Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986 • ADEA - Illegal to discriminate against anyone 40 years or older • Pertains to employers who have 20 or more employees • Provides for a trial by jury • Possible criminal penalty and back wages

  8. Civil Rights Act of 1991 • Provide appropriate remedies for intentional discrimination and unlawful harassment • Codify the concepts of business necessity and Bonda Fide Occupational Qualifications (BFOQ) • Confirm authority and guidelines for finding of adverse impacts under Title VII • Glass Ceiling Act: established a commission to study how companies fill management and decision-making positions

  9. Pregnancy Discrimination Act of 1978 Pregnancy, childbirth, or related medical condition Protection against being fired, refused a job or promotion Entitled to benefits and sick leave

  10. Americans with Disabilities Act (ADA) • Prohibits discrimination against qualified individuals with disabilities • Prohibits discrimination in all employment practices: hiring, firing, job application process, advancement, compensation and training • 15 or more employees

  11. Interpretative Guidelines on Sexual Harassment • Where a hostile work environment is created • When there is a quid pro quo situation • Example: Offer for promotion or pay raise in exchange for sex • Employers are liable for employees and non-employees • Key: Develop programs, communicate policy, develop procedures and investigate-take appropriate action

  12. State and Local Laws State and local laws affect EEO BOLI – Bureau of Labor and Industries Enforces labor and employment laws

  13. Equal Employment Opportunity Commission (EEOC) • Filing a discrimination charge initiates EEOC action. • Charges must be filled within 180 days of alleged act • EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. • Individual or organization/agency can file • Visit: www.eeoc.gov

  14. Significant U.S. Supreme Court Decisions • Griggs v. Duke Power Company • Phillips v. Martin Marietta Corporation • EEOC v. Britthaven, Inc. • EEOC v. Fisher Sand & Gravel Co.

  15. Griggs v Duke Power Company When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.

  16. Phillips v Martin Marietta Corporation • Court ruled that the company had discriminated against a woman because she had young children. • Major implication – firm cannot impose standards for employment only on women

  17. EEOC v. Britthaven Inc. • Courts ruled that Britthaven, Inc. engaged in pregnancy discrimination • Courts required training and regular reporting

  18. EEOC v. Fisher Sand & Gravel Co. • Courts ruled that Britthaven, Inc. engaged in hostile work environment • Courts required polices to eradicate sexual harassment in the workplace

  19. Uniform Guidelines on Employee Selection Procedures Provides a framework for making legal employment decisions about: • Hiring • Promotion • Demotion • Referral • Retention • Use of testing • Other selection procedures

  20. Concept of Adverse Impact Defined in terms of selection rates Number of applicants hired or promoted Total number of applicants Occurs when women and minorities are not hired at a rate of 80% of the best achieving group

  21. Concept of Adverse Impact • If company ABC hired 50% all white engineers who applied • Must hire a minimum of 40% non-white engineers who applied (in the protected class Hispanic, Asians or Blacks) • If not, the company ABC will be in volition of the 4/5th rule • Selection devices (assessments) could have adverse impact

  22. Concept of Adverse Impact Two Avenues for Confirmation: • Validate a selection device to show it is a predictor of success • BFOQ – only one group is capable of performing the job

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