Employment Discrimination and Affirmative Action

1. Search the Web The web site of the Equal Opportunity Com-mission is a good source for updated information about discrimination: www.eeoc.gov Employment Discrimination and Affirmative Action 18 1

2. Chapter Eighteen Objectives • Chronicle the civil rights movement • Outline the federal discrimination laws • Provide two different meanings of discrimination • Elaborate on employment discrimination relating to race, color, national origin, sex, age, religion, and disability. • Identify the different postures with respect to affirmative action, the concept of reverse discrimination, and an overview of the Supreme Court’s decisions 2

3. Chapter Eighteen Outline • The Civil Rights Movement and Minority Progress • Federal Laws Prohibiting Discrimination • Expanded Meanings of Discrimination • Issues in Employment Discrimination • Affirmative Action in the Workplace • Summary

4. Introduction to Chapter Eighteen The chapter addresses: • Civil rights movement • Civil rights issues as those rights relate to employment • Federal discrimination laws • Affirmative action

5. The Civil Rights Movement of 1950s and1960s, the Women’s Movement of the 1970s, and groups seeking to remove other forms of discrimi-nation have resulted in protected groups—stakeholders whose rights are protected by anti-discrimination laws. Minorities and women, older people, people with disabilities, gays and lesbians and others have received or still seek certain workplace rights that should be protected. Civil Rights Movement

6. Federal Anti-Discrimination Laws

7. Federal Anti-Discrimination Laws Equal Opportunity Commission • Five Commissioners • President appoints and Senate confirms • Purpose • Sets equal employment opportunity policy • Investigates employment discrimination complaints • Enforces anti-discrimination laws

8. Expanded Meanings of Discrimination • Disparate Treatment • Disparate Impact • Griggs v. Duke Power Company

9. Expanded Meanings of Discrimination

10. New Issues Impacting Employment Discrimination Two New Groups: Asians and HispanicsHispanic population growth in the workforce is steadily rising—and their needs are different from African Americans. Asian American presence is also rising in the workforce, as is the problem of their being perceived as a “model minority.” Two Nations of Black AmericaIn the aftermath of the Civil Rights Era, two African-America communities now exist side by side, an affluent, professional, and well-educated middle class, and a large underclass with a disproportionate number in prison.

11. New Issues Impacting Employment Discrimination • Hispanics • Asians

12. New Issues Impacting Employment Discrimination • Getting into professional and managerial positions and out of traditional female-dominated positions • Achieving pay commensurate with men • Eliminating sexual harassment • Quid pro quo • Hostile work environment • Being able to take maternity leave without losing jobs or job status

13. New Issues Impacting Employment Discrimination

14. Sexual Harassment Sexual harassment has now broadened to include not only individuals of the opposite sex, but of the same sex, too. Allegations of sexual harassment against public figures in the political, military, and corporate spheres, continue to create new ethical and legal problems.

15. New Issues Impacting Employment Discrimination Suggested Sexual Harassment Guidelines • Educate employees about prohibited conduct • Reexamine, revise, and reissue written policy • Make employees aware: redress procedures • Introduce, or update training programs • Make certain that environmental harassment is absent from the workplace • Get input from female employees

16. New Issues Impacting Employment Discrimination • Maternity leave • Pregnancy Discrimination Act • Fetal protection policies • UAW v. Johnson Controls, Inc. • Issues of age and religion • Age Discrimination Act

17. Weak STRONG 1.Passive nondiscrimination.A willingness in hiring, promotion, and pay decisions to treat the races and the sexes alike. 3.Affirmative action with preferential hiring.A company systematically favors minorities and women in the actual decisions of enlarging its labor pool. 2.Pure affirmative action.A concerted effort to enlarge the pool of applicants so that no one is excludedbecause of past or present discrimination. 4.Hard quotas.A company specifies numbers or proportions of minority group members that must be hired. Affirmative Action Postures

18. Affirmative Action in the Workplace • Preferential Treatment • Compensatory justice • Reverse discrimination • Minority opposition to affirmative action • Affirmative action and the courts • Strict scrutiny • Compelling government interest • Narrowly tailored to meet interest • Future of affirmative action

19. Affirmative action Age discrimination Americans with Disabilities Act (ADA) Bona fide occupational qualification Civil Rights Act of 1964 Civil Rights Act of 1991 Disparate treatment Disparate impact Equal Opportunity Commission (EEOC) Equal Pay Act Fetal protection Preferential treatment Protected groups Reverse discrimination Sexual harassment Title VII Selected Key Terms