Evolution of Workplace Civil Rights

1. Part 8 Chapter Eighteen Civil Rights at Work Tuesday, December 14,2010

2. Content of Presentation • Chapter Objective • A short History of workplace Civil Rights • The Civil Rights Act of 1964 • Affirmative Action • Supreme Court Change the Title VII • Women in the Workplace • Corporate Efforts to Remote Diversity • Concluding Observations Group 1/Assignment

3. 1. Chapter Objectives • Examine the dichotomy of the founding of the United States: high ideals and human bondage. • Review Constitutional Amendments eliminating slavery and promoting the equality of citizenship for former slaves. • Discuss Civil Rights laws and litigation between 1865 and 1900. • Review the basic elements of Title VII of the Civil Rights Act of 1964. • Review the milestones across American history that reflect the struggle for civil rights. • Examine gender discrimination and occupational segregation. • Examine guidelines on sexual harassment. • Move the concern regarding discriminatory behavior to a new place by asking, “How can we promote diversity in the workplace?” Group 1/Assignment

4. 2. A Short History of workplace Civil Rights • Significant protection from employment discrimination has existed for little more than 40 years of the 230 years since independence. • It’s unlawful to discriminate in employment based on an individual’s: • Race • Color • Religion • Sex • National Origin • Employment discrimination in America can be dated from 1619 when European slave traders first brought after Africa natives to the later-to-be nation’s shores. Group 1/Assignment

5. 2. A Short History of workplace Civil Rights (Cont) • Beginning at about the time the constitution was ratified, and antislavery movement originated in the small sect within the Church of England. • The three constitutional amendments designed to protect the rights of former slaves especially in the south of US. • The 13th Amendment in 1865: Abolished slavery. • The 14th Amendment in 1868: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. Group 1/Assignment

6. 2. A Short History of workplace Civil Rights (Cont) • The 15th Amendment in 1870: prohibited race discrimination in voting. • Employment discrimination in America can be dated from 1619 when European slave traders first brought after Africa natives to the later-to-be nation’s shores. • Racism leads to social discrimination, or the portioning of resources bases on group membership rather than individual merit. • Jim Crow Laws institutionalized the idea that whites were superior to black by creating segregated schools, restrooms, and water fountains; in restrictive covenants, or deeds, that prevented whites from selling property to blacks in certain neighborhoods; and in discriminatory hiring that kept blacks in menial occupations. Group 1/Assignment

7. 3. The Civil Rights Act of 1964 • The Title VII of the Civil Rights Act of 1964 prohibited discrimination in any aspect of employment; it shall be an unlawful employee practice for an employer: • To fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, condition, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin. • To limit or classify his employees or applicants for employment in any way which would deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin. Group 1/Assignment

8. 3. The Civil Rights Act of 1964(Cont) • The Title VII also create the Equal Employment Opportunity Commission (EEOC), an independent regulatory commission, to enforce its provisions. • The Griggs Case: The Duke Power Company had a steam-generating plant in Draper, North Carolina, where workers had been segregated by race fro many years. The plant was organized into five division and blacks had been allowed to work only in the lowest-paying labor department. The company had openly discriminated, but when the Title VII took effect, it rescinded its race-based policies and opened all jobs to black…. Group 1/Assignment

9. 4. Affirmative Action • Affirmative action is a phrase describing a rang of policies to seek out, encourage, and sometimes give preferential treatment to employees in the groups protected by Title VII. • The origin of the affirmative action in corporations is Executive Order 11246, issued by President Johnson in 1965. As originally written, the order simply required federal contractors to refrain from discrimination. It imposed penalties for noncompliance and established an agency in the Department of Labor, the Office of federal Contract Compliance Programs (OFCCP) to enforce its provision. Group 1/Assignment

10. 5. The Supreme Court Changes Title VII • Corporations were alarmed by its potential for generating lawsuits. If they failed to remedy race and sex imbalances in their workforces, they faced penalties for violating federal laws. If they used affirmative action to increase numbers of minorities and women, they feared reverse discrimination suits by white males. • Few blacks worked at the plant before passage of Title VII, and even with it, by 1974, only 18 percent of the plant’s workers were black. • One goal was to bring blacks into skilled craft positions, so the plan reserved 50 percent of crafts-training openings for them. Group 1/Assignment

11. 5. The Supreme Court Changes Title VII(cont) • Weber brought suit, claiming that selection procedure violated the clear language in Title VII that prohibited making employment decisions based on race. • The Affirmative Action Debate • First, there are utilitarian considerations. Utilitarian ethics require calculations about the overall benefit to society, as opposed to the costs, of affirmative action. • Second, ethical theories of justice raise questions about the ultimate fairness of affirmative action. • And Third, affirmative action maybe debated in light of ethical theories of rights. Discrimination in favour of protected groups is benevolent of intention, unlike the evil race discrimination of bigoted whites in the past. Group 1/Assignment

12. 6. WOMEN IN THE WORKPLACE • The percentage of women in the American labor force began a long rise after 1900. In 1910 only 21 percent of women were employed. This number inched up slowly until World War II, when it bumped to 35 percent as women replaced men in factories. After the war, the percentage of tall women in the labor force, what statisticians call the participation rate, resumed its slow growth - never more than 1 percent a year and now less than that. • The number of women at work varies around the globe with economic development and cultural tradition. Worldwide, 53 percent of women participate in the labor force on average, but this figure masks significant variation. Participation rates are highest in the least developed countries, where poverty pushes women into wage occupations. Group 1/Assignment

13. 6.WOMEN IN THE WORKPLACE (Cont) Average percentage of Women’s labour force • East Asia 69% • Sub- Saharan Africa 62% • USA 60% • Finland & Australia 57% • England 53% • Japan 51% • France 49% • Germany 48% • Oman 20% • Saudi Arabia 22% • Jordan 28% • Iran 30% • United Arab Emirates 32% • Arab nation 33% Group 1/Assignment

14. 6.WOMEN IN THE WORKPLACE (Cont) EEOC Guidelines on Sexual Harassment (1980) • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Group 1/Assignment

15. 7. Corporate Efforts to Remote Diversity How to Promote Diversity in a Corporation • Top management commitment • Recruitment outreach • Affirmative action hiring • Training programs • Mentoring • Encourage social identity groups • Collect data to measure achievements • Adapt policies • Set up reward systems Group 1/Assignment

16. 8. Concluding Observations • The first national effort to end it began during the Civil War, with the Emancipation Proclamation freeing slaves, and included constitutional amendments and civil rights laws passed after the war. • Today, the accumulated corpus of antidiscrimination low is massive, complex, and controversial where it embodies preferential treatment. • Yet more needs to be done. There is widespread evidence of continuing discrimination. Research on wage gaps, studies of job applications, and the continued existence of many discrimination suits attest to it. Group 1/Assignment

17. Thank for attention ! Statue at Sek Sork Resort /BB Province