decenzo and robbins hrm 7th edition1 chapter 3 equal employment opportunity

DeCenzo and Robbins HRM 7th Edition

1

CHAPTER 3

Equal Employment Opportunity

DeCenzo and Robbins HRM 7th Edition

2

CHAPTER 3 TOPICS:

1: Civil Rights Act of 1964 2: Equal Employment Opportunity Act of 1972 3: Affirmative action 4: Adverse impact, for example 5: Americans with Disabilities Act of 1990 6: Family and Medical Leave Act of 1993 7: Discrimination charge defenses 8: Griggs v. Duke Power 9: Sexual harassment10: Glass ceiling

DeCenzo and Robbins HRM 7th Edition

3

1: CIVIL RIGHTS LEGISLATION

Civil Rights Act of 1866

Civil Rights Act of 1964 Title VII Title IX

DeCenzo and Robbins HRM 7th Edition

4

1: TITLE VII PROHIBITS DISCRIMINATION

IN Hiring Compensation Terms, conditions or privileges of

employment BASED ON

Race, religion, color, sex, national origin25 OR MORE EMPLOYEES

DeCenzo and Robbins HRM 7th Edition

5

2: EQUAL EMPLOYMENT OPPORTUNITY ACT

Title VII Amendments Enforcement Interpretation

EEOC created Prohibit discrimination File civil suit Coverage expanded

State and localEducational institutionsOver 15 employees

DeCenzo and Robbins HRM 7th Edition

6

3: AFFIRMATIVE ACTION

Stipulated by Title VII

Preferential treatment to minority group members Recruiting Hiring

DeCenzo and Robbins HRM 7th Edition

7

3: REASONS FOR AFFIRMATIVE ACTION

Majority workers were white male

U.S. companies were growing

Correct past prejudice

Change had to have legal and social coercion

DeCenzo and Robbins HRM 7th Edition

8

3: CURRENT AFFIRMATIVE ACTION

Fair employmentGroups given preferential treatmentIndividual performance should

determine employment actionsGoal: Equal employment opportunity

for all individuals

DeCenzo and Robbins HRM 7th Edition

9

4: HOW TO DETERMINE EEO?

Adverse impact Consequence of

practice

Disparate impactAdverse treatment

Treatment of protected class

Disparate treatment

DeCenzo and Robbins HRM 7th Edition

10

4: AGE DISCRIMINATION IN EMPLOYMENT ACT

196740 or 60 or ???Save $$Punitive damages 20+ employeesGovernment,

employment agencies, labor organizations

DeCenzo and Robbins HRM 7th Edition

11

4: PREGNANCY DISCRIMINATION ACT

1978HireInsureFireDepends on other

benefits coverage

DeCenzo and Robbins HRM 7th Edition

12

5: AMERICANS WITH DISABILITIES ACT

1990Reasonable

accommodationReassignment15 or more

employeesPrivate and public

DeCenzo and Robbins HRM 7th Edition

13

6: FAMILY AND MEDICAL LEAVE ACT

1993Family matters

(childbirth, adoption, sick child)

12 weeks unpaidHealth insuranceCome back to a jobWho is covered?

DeCenzo and Robbins HRM 7th Edition

14

6: EXECUTIVE ORDERS

Protect federal workers against discrimination

11246 1965 Race, religion, color,

national origin Office of Federal

Contract Compliance Programs

DeCenzo and Robbins HRM 7th Edition

15

6: MORE EXECUTIVE ORDERS

11375 Sex

11478 Political affiliation Marital status Physical disability

DeCenzo and Robbins HRM 7th Edition

16

6: CIVIL RIGHTS ACT OF 1991

Glass Ceiling ActPunitive damages

DeCenzo and Robbins HRM 7th Edition

17

7: DETERMINING DISCRIMINATION

Adverse impact on more than one individual

Tests indicate risky/questionable practices

DeCenzo and Robbins HRM 7th Edition

18

7: WAYS TO DETERMINE DISCRIMINATION

4/5ths ruleRestricted policyGeographical

comparisonMcDonnell-Douglas

test

DeCenzo and Robbins HRM 7th Edition

19

7: 4/5TH RULE

EEOC guidelineEach step of the

selection processMinority numbers

must be 80% of majority numbers

DeCenzo and Robbins HRM 7th Edition

20

7: RESTRICTED POLICY

Through hiring practices Intentional or not

A protected classExcluded from

consideration

DeCenzo and Robbins HRM 7th Edition

21

7: GEOGRAPHICAL COMPARISON

Qualified pool of applicants

MATCHED AGAINST

Characteristics of employees

DeCenzo and Robbins HRM 7th Edition

22

7: MCDONNELL-DOUGLAS TEST

Member of a protected group

Qualified for jobRejectedEnterprise then

continues to seek other applicants with similar qualifications

DeCenzo and Robbins HRM 7th Edition

23

7: WHAT TO DO WHEN….

EEO ALLEGES DISCRIMINATION Business necessity Bonafide

occupational qualification

Seniority

DeCenzo and Robbins HRM 7th Edition

24

7: BUSINESS NECESSITY

Operate in a safe and efficient manner

Employees possess appropriate Skills Knowledge Abilities

DeCenzo and Robbins HRM 7th Edition

25

7: BFOQ

Title VII exceptions Sex Age Religion

Job requirements “Reasonably necessary to meet the normal operation of that business or enterprise”

DeCenzo and Robbins HRM 7th Edition

26

8: DISCRIMINATION CASES

Griggs v. Duke PowerAlbemarle Paper

Company v. MoodyWard’s Cove Packing

Company v. Antonio

– See Exhibit 3-5

DeCenzo and Robbins HRM 7th Edition

27

Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO

DeCenzo and Robbins HRM 7th Edition

28

8: GRIGGS V. DUKE POWER

Interpretative guidelines for Title VII

Employment testingEmployers have

burden of proof that tests provide a reasonable measure of job performance

DeCenzo and Robbins HRM 7th Edition

29

8: ALBEMARLE PAPER COMPANY V. MOODY

Use and validate selection tests

Tests not validated before use

Tests used for hiring and promotion

Subjective supervisor ratings

Validating process

DeCenzo and Robbins HRM 7th Edition

30

8: WARD’S COVE PACKING COMPANY

Salmon canneryBurden of proof

shifted to employee

DeCenzo and Robbins HRM 7th Edition

31

8: REVERSE DESCRIMINATION

Allen Bakke UC Davis Medical

School entrance Seats could not be

set aside

Brian Webber Kaiser Aluminum

training program Endorsed voluntary

affirmative action

DeCenzo and Robbins HRM 7th Edition

32

8: YOUR HR ISSUES ARE…

HRM practices may be challenged by anyone

SO…. Defend Explain

OR ELSE

DeCenzo and Robbins HRM 7th Edition

33

9: ROLE OF EEOC

Notify organization of charge

Notify organization of findings

If cause Informal process Mediation meeting EEOC may file

charges in court

DeCenzo and Robbins HRM 7th Edition

34

9: SEXUAL HARASSMENT

15,000 complaints a year

Defined Hostile

environment Interferes with work Adversely affects

employment opportunity

DeCenzo and Robbins HRM 7th Edition

35

9: ROLE OF HRM IN SEXUAL HARASSMENT

Issue a policy Establish procedure Inform employees Train managers Investigate Corrective action Follow up Review turnover Privacy- recognition

DeCenzo and Robbins HRM 7th Edition

36

10: GLASS CEILING

Comparable worthInvisible barrier to

promotion Audit compliance

programs Training Organizational

culture

DeCenzo and Robbins HRM 7th Edition

37

QUICK: REVIEW CHAPTER 3

ANSWER THESE QUESTIONS ON A SHEET OF PAPER. 1. THE MOST IMPORTANT THING WE DID IN

CLASS TODAY _______.2. I STILL HAVE QUESTIONS ABOUT___. 3. THE BEST THING ABOUT CLASS TODAY

WAS _______________.4. DON’T D0 ____________ ANYMORE.

• TURN THEM IN, PLEASE. NO NAMES. WE’LL TALK NEXT CLASS SESSION

DeCenzo and Robbins HRM 7th Edition

38

PREVIEW: CHAPTER 4

Ask 3 people you know: Did you ever have to take a -

drug test to get a job?drug test to keep a job?polygraph test to get a job?polygraph test to keep a job?

Then ask about EMPLOYEE RIGHTS.

Write up their responses for 1 extra point on your final grade.

DeCenzo and Robbins HRM 7th Edition

39

Exhibit 3-1: Summary of Laws Affecting Discrimination

DeCenzo and Robbins HRM 7th Edition

40

Exhibit 3-2: Family and Medical Act

DeCenzo and Robbins HRM 7th Edition

41

Exhibit 3-3: Employer Communications Requirements Under FMLA

DeCenzo and Robbins HRM 7th Edition

42

Exhibit 3-4: Applying the 4/5ths Rule