1 workplace diversity, equal employment opportunity and affirmative action
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WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND
AFFIRMATIVE ACTION
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Diversity and Diversity Management
DiversityDiversity – any perceived – any perceived difference among people: age, race, difference among people: age, race, religion, functional specialty, religion, functional specialty, profession, sexual orientation, profession, sexual orientation, geographic origin, lifestyle, tenure geographic origin, lifestyle, tenure with the organization, or position, with the organization, or position, and any other perceived difference.and any other perceived difference.
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Diversity Management
Ensuring that factors are in place Ensuring that factors are in place to provide for and encourage the to provide for and encourage the continued development of a continued development of a diverse workforce by melding these diverse workforce by melding these actual and perceived differences actual and perceived differences among workers to achieve among workers to achieve maximum productivitymaximum productivity
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Managing the Diverse Workforce:Various Components
Single Parents & Working Mothers
Women in Business Dual Career
Families Workers of Color Older Workers
Persons with Disabilities
Immigrants Young Persons with
Limited Education/Skills
Educational Level of Employees
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Equal Employment Equal Employment Opportunity: And Opportunity: And Affirmative ActionAffirmative Action
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Equal Employment Opportunity: An Overview
EEO has been modified since passage of the Civil Rights Act in 1964.
Congress has passed other legislation. Major Supreme Court decisions
interpreting the provisions were handed down.
Executive orders were signed into law.
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U.S. Legal System
Executive branch – President and regulatory agencies
Legislative branch – House of Representatives and Senate
Judicial branch – federal courts
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Discrimination
Giving unfair advantage or disadvantage of members of one group over members of another group
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Laws Affecting Equal Employment Opportunity
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Civil Rights Act of 1866
Oldest federal legislation affecting staffing
Based on the Thirteenth Amendment
No statute of limitations Employment is a
contractual arrangement
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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 Exceptions to Title VII Persons not covered by Title VII Created the Equal Employment Opportunity
Commission (EEOC)
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Illegal for an Employer to Discriminate
Race Color Sex Religion National origin
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Exceptions to Title VII
Bona fide occupational qualifications (BFOQs)
Seniority and merit systems
Testing and educational requirements
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Persons Not Covered by Title VII
Aliens not authorized to work in the United States
Members of the Communist party Homosexuals
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Sexual Harassment and Title VII
Quid pro quo – benefit or punishment is contingent on submitting to sexual advances
Hostile work environment – behavior in workplace makes it difficult for someone of a particular sex to work
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Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986
Illegal to discriminate against anyone 40 years or older
Administered by EEOC Pertains to employers who have 20 or more
employees Provides for a trial by jury Possible criminal penalty Older Workers Benefit Protection Act
(OWBPA)
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Pregnancy Discrimination Act of 1978
Amendment to Title VII of the Civil Rights Act
Pregnancy, childbirth, or related medical condition
Benefits area also covered
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Immigration Act of 1990
Revised U.S. policy on legal immigration
Increased levels of immigration
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Illegal Immigration Reform and Immigrant Responsibility Act
of 1996
Severe limitations for violation of visas
Three year ban Ten year ban
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Americans with Disabilities Act (ADA)
Prohibits discrimination against qualified individuals with disabilities
Prohibits discrimination in all employment practices
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Individual with a Disability A person who has, or is regarded as
having, a physical or mental impairment
Substantially limits one or more major life activities
A record of such an impairment Regarded as having such an
impairment
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Civil Rights Act of 1991
Provide appropriate remedies for intentional discrimination and unlawful harassment
Codify the concepts of business necessity and job related
Confirm authority and guidelines for finding of disparate impacts under Title VII
Respond to recent Supreme Court decisions
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Types of discrimination and how to file suit
Disparate treatment – intentional Plaintiff must show is member of
protected group, applied for and qualified for job, rejected, position remained open or was filled by person with similar qualifications
Defendant must produce nondiscriminatory reason for rejection BFOQ
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Types of discrimination and how to file suit
Disparate impact – facially neutral device leads to unintended advantage for one group Plaintiff must show questionable employment
practice disproportionately affects protected group relative to majority group 4/5s rule – 80% selection rate Standard deviation rule
Defendant must show employment practice is business necessity
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Glass Ceiling
Invisible barrier in Invisible barrier in organizations that organizations that prevents many women prevents many women and minorities from and minorities from achieving top-level achieving top-level management positionsmanagement positions
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Family Medical Leave Act (1993)
Up to 12 weeks unpaid leave after Birth or adoption of child Care for seriously ill family member or self
50 or more employees Provide same or similar job upon return Paid health care during leave
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Significant U.S. Supreme Court Decisions
Griggs v Duke Power Company – job-related business practice
Albermarle Paper Company v Moody – tests must be validated
Phillips v Martin Marietta Corporation – no women-only standards
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Enforcement of EEO
EEOCEEOC
OFCCPOFCCP
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Equal Employment Opportunity Commission (EEOC)
Title VII of the Civil Rights Act, as amended, created the EEOC
3 responsibilities Investigate and resolve
Gather information (EEO1- forms)
Issue guidelines
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Steps in Handling a Discrimination CaseCharge Filed
Investigation by the EEOC
Attempt at Conciliation
Review Case for Litigation
Recommendation
Attempt at a No-Fault Settlement
Recommendation AgainstLitigation – Right to Sue Notice
Issued to Charging Party
Recommendation forLitigation – EEOC Initiates Action
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Exceptions to Title VII Coverage
Religious institutions, with respect to Religious institutions, with respect to employment of persons of a specific employment of persons of a specific religion in any of the institution’s religion in any of the institution’s activitiesactivities
AliensAliens Member of the Communist PartyMember of the Communist Party
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Uniform Guidelines on Employee Selection Procedures
Assists employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on basis of race, color, religion, gender, and national origin.
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Adopted By
EEOC
Civil Service Commission
Department of Justice
Department of Labor
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Additional Guidelines
Interpretative Guidelines on Sexual Harassment
Guidelines on Discrimination Because of National Origin
Guidelines on Discrimination Because of Religion
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Affirmative Action Programs
An approach developed by
organizations with government
contracts to demonstrate that
workers are employed in
proportion to their representation
in the firm's relevant labor market
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Legal status of affirmative action
U.S. Forestworkers v. WeberU.S. Forestworkers v. Weber Voluntary plan must fix old patters of Voluntary plan must fix old patters of
discrimination and be temporarydiscrimination and be temporary Johnson v. Santa Clara Transport AgencyJohnson v. Santa Clara Transport Agency
Affirmative action plan should address Affirmative action plan should address “manifest imbalance” in employment practices“manifest imbalance” in employment practices
2003 Michigan State cases2003 Michigan State cases Race may be used as admission Race may be used as admission
consideration sometimesconsideration sometimes