chapter 3 equal opportunity employment
DESCRIPTION
Chapter 3 Equal Opportunity Employment. Introduction. State and municipal laws may go beyond federal laws. Almost every U.S. organization, public and private, must abide by The 1964 Civil Rights Act Its 1972 amendment, the Equal Employment Opportunity Act. - PowerPoint PPT PresentationTRANSCRIPT
Almost every U.S. organization, public and private, must abide by • The 1964 Civil Rights Act • Its 1972 amendment, the Equal Employment Opportunity
Act.• Other federal laws regulating employment
Introduction
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State and municipal laws may go beyond federal laws
Laws Affecting Discriminatory Practices
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The 1964 Civil Rights Act • Outlawed racial segregation and discrimination in
employment, public facilities, and education• Title VII covers hiring, promotion, dismissal, benefits,
compensation or any other terms, conditions, or privileges based on:
• Race• Religion• Color• Gender
• National origin
Organizations must have at least 15 employees to be covered.
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Based on personal characteristics related to race such as:• Skin color• Hair texture• Facial features• Name • Attire• Accent• Marriage to a minority
Race and Color Discrimination
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Based on religious beliefs and how they are practiced:• All religions are covered• Absence of religion is covered too• Protected beliefs must be sincerely held• Employer must be notified
Religious Discrimination
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Reasonable accommodations must be made as long as they don’t cause an undue hardship for the employer. Accommodations may include:• Dress• Head coverings• Facial hair• Religious holidays
Religious Discrimination
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Based on citizenship or permanent residence status
May overlap with race or color discrimination Examples:
• Name• Dress• Accent
National Origin Discrimination
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Expanded and clarified by other laws. Examples of discrimination include
differences in treatment that involve:• Wages and benefits• Procedures• Leaves of absence• Dress codes• Job categories
Sex and Gender Discrimination
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The 1972 Equal Employment Opportunity Act (EEOA) Enforced the 1964 Civil Rights Act Established the Equal Employment Opportunity
Commission (EEOC) Expanded scope of civil rights protection to employees of
state and local governments, education, and labor Introduced affirmative action (Exec. Order 11246)
Laws Affecting Discriminatory Practices
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The EEOC website has helpful information for employees and employersTheir “Youth at Work” website helps young workers understand their rights.
Laws Affecting Discriminatory Practices
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Executive Order 11246 • prohibits discrimination by federal agencies and
contractors or subcontractors
Executive Order 11375 • added sex-based criteria to 11246
Executive Order 11478 • added that employment practices of the federal government
must be based on merit and prohibit discrimination
Laws Affecting Discriminatory Practices
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1967 Age Discrimination in Employment Act (ADEA) Protects people 40 and older Stopped companies from requiring mandatory retirement
at any age Possible discriminatory practices may include:
• Fitness requirements not relevant to the position• Different health benefits• Changing job requirements• Layoffs that target older workers
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Equal Pay Act (1963)• As long as jobs are substantially equal, pay should
be equal• Lilly Ledbetter Fair Pay Act (2009)
Allows workers to file pay discrimination claims within 180 days of any discriminatory paycheck.
Laws Affecting Discriminatory Practices.
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Laws Affecting Discriminatory Practices
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Pregnancy Discrimination Act (1978) Pregnancy may not be considered in employment
decisions Hiring Insurance Leaves Working conditions
ADA allows accommodations for physical limitations FMLA allows leave with similar job upon return
Laws Affecting Discriminatory Practices
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Americans with Disabilities Act (ADA) of 1990 • Extends protection and reasonable accommodations to
those with a disability• Defines disabled as a person who:
Has a physical or mental impairment that substantially limits one or more life activities
Has a history or record of such impairment Is perceived by others as having such impairment
Covers not only those with mobility and communication disabilities, but those with HIV/AIDS and intellectual disabilities
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Qualified Individuals
•Meet job related requirements such as education, certification or experience
Major Life Activities
•Seeing, hearing, eating, walking, standing, breathing, concentrating, caring for oneself and many others.
Essential Job Functions
•Activities explained in the job description that are required for success in the position
Reasonable Accommodations
•Modifications to the work environment that allow a qualified individual to work. •Relevant to size of organization. •May include wider doorways, ramps, adaptive software, modified work schedules and many others.
Important ADA Terms
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ADA Amendments Act of 2008 (ADAAA)• Makes it easier for employees to prove disability
such as Cancer Diabetes Bipolar disorder Immune system function Epilepsy
Laws Affecting Discriminatory Practices
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The Civil Rights Act of 1991 • Reinforced the 1964 Act which had been weakened by a
number of Supreme Court cases• Returned burden of proof that discrimination did not occur
back to the employer• Includes the Glass Ceiling Act and established the Glass
Ceiling Commission to study management practices
Laws Affecting Discriminatory Practices
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First law to allow individuals to sue for punitive damages
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Family and Medical Leave Act of 1993 (FMLA)• Allows employees to take up to 12 weeks of
unpaid leave in a 12 month period for Birth or adoption of a child or placement of foster child Personal or family member illness Care of family member with serious injury or illness
who is member of armed services Situations rising from active military duty of spouse,
child or parent.
Laws Affecting Discriminatory Practices
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To qualify for FMLA leave• Employer must have at least 50 employees within
a 75 mile radius.• Employee must
Have worked at least 12 months and have worked 1,250 hours within the last 12 months.
Laws Affecting Discriminatory Practices
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FMLA difficulties for HR: determining eligibility to take leave, staffing problems that result, and timing
of leave notification, keeping position open for employee to return.
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Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)• Strengthens rights of veterans of the Reserves or
National Guard to return to private sector jobs.• Prohibits employers from discriminating against
applicants with prior military service.
Laws Affecting Discriminatory Practices
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Genetic Information Nondiscrimination Act of 2008 (GINA)• Prohibits discrimination based on genetic
information such as a family history of a genetic disease such as breast cancer or Alzheimer’s Disease.
• Includes hiring decisions and insurance coverage
Laws Affecting Discriminatory Practices
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Uniform Guidelines on Employee Selection Procedures• Outlines requirements for employers to prove that
they are observing equal employment laws.• HR policies must be made on job-related factors• Policies cannot discriminate based on non-related
factors
Preventing Discrimination
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Adverse Impact• HR policy or practice has a discriminatory impact
on a protected group May be unintentional Example: height requirements may discriminate against
women or some minority groups.
Preventing Discrimination
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Adverse Treatment (Disparate Treatment)• HR policy or practice treats a protected group
differently resulting in discrimination Example: individuals in protected groups are rarely
hired or promoted to certain positions.
Preventing Discrimination
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Four tests may be used to determine if discrimination has potentially occurred:
Preventing Discrimination
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But it is up to a judicial body to make the final determination.
McDonnellDouglas test
geographicalcomparisons
4/5ths rule
restricted policy
Proportion of minority members hired must equal at least 80 percent (4/5ths) of the majority members in the population hired
Issued by the EEOC, it helps to assess if adverse impact has occurred
Connecticut v. Teal (1984) case established that decisions in each step of decision process must conform to the 4/5ths rule
Preventing Discrimination
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4/5thsrule
Exhibit 3.4 shows an example of compliance and non-compliance with the 4/5ths rule.
Preventing Discrimination
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Does company’s mix of employees at all levels reflect its recruiting market?
restricted policy
geographicalcomparisons
Do HRM policies exclude a class of individuals?
Preventing Discrimination
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McDonnell Douglas
Test
Four components must exist1. Individual is a member of a protected group
2. Individual applied for a job for which he or she was qualified
3. Individual was rejected
4. Employer continued to seek applicants with similar qualifications after individual was rejected
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Affirmative Action Plans• Seeks to correct past injustices in hiring by
actively seeking minority applicants• Workforce should resemble the community• Applies to organizations that contract with the
federal government
Preventing Discrimination
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Preventing Discrimination
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How companies can respond to discrimination charges if found to have adverse impact:
• Discontinue the practice• Defend against the charges by arguing:
Business necessity Bona fide occupational qualification Seniority systems
Proving job relatedness is often the most common approach
Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO
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Case Ruling
Griggs v. Duke Power (1971) Tests must fairly measure the knowledge or skills required for a job; also validity of tests.
Albemarle Paper Company v. Moody (1975) Clarified requirements for using and validating tests in selection.
Washington v. Davis (1976) Job-related tests are permissible for screening applicants.
Connecticut v. Teal (1984) Requires all steps in a selection process to meet the 4/5ths rule.
Firefighters Local 1784 v. Stotts (1984) Layoffs are permitted by seniority despite effects it may have on minority employees.
Wyant v. Jackson Board of Education (1986) Layoffs of white workers to establish racial or ethnic balances are illegal; however, this case reaffirmed the use of affirmative action plans to correct racial imbalance.
United States v. Paradise (1986) Quotas may be used to correct significant racial discrimination practices.
Sheetmetal Workers Local 24 v. EEOC (1987) Racial preference could be used in layoff decisions only for those who had been subjected to previous race discrimination.
Johnson v. Santa Clara County Transportation Agency (1987)
Reaffirmed the use of preferential treatment based on gender to overcome problems in existing affirmative action plans.
Enforcing Equal Opportunity Employment
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Federal Government
EEOCOFCCP
within department of labor
www.eeoc.gov http://www.dol.gov/ofccp/
Enforcing Equal Opportunity Employment
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Enforces federal laws on civil rights at work. Follows a five-step process to resolve complaints:1. EEOC notifies company within 10 days of filing and begins investigation
2. EEOC notifies company of findings within 120 days
3. If complaint is unfounded, process stopsIf founded, EEOC tries to correct the problem informally
4. If unsuccessful, EEOC begins mediation (settlement meeting)
5. If unsuccessful, EEOC may file charges in court
EEOC
Has power to investigate claims but no enforcement power.
Enforcing Equal Opportunity Employment
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Office of Federal Contract Compliance Programs (OFCCP)• Responsible for ensuring that contractors doing business
with the Federal government do not discriminate and take affirmative action
• Follows similar practice as EEOC in evaluating claims • Can cancel an organization’s contract with the federal
government if organization fails to comply with EEO laws
OFCCP
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Sexual Harassment• Creates intimidating, offensive or hostile
environment• Unreasonably interferes with individual’s work• Adversely affects an individual’s employment
opportunities
Current Issues in Employment Law
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Sexual Harassment takes two forms• Quid pro quo harassment
Sexual behavior is expected as a condition of employment
• Hostile environment harassment Workplace environment is offensive enough to interfere
with the ability to work
Current Issues in Employment Law
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Comparable Worth• Jobs of equal importance to an organization should
earn equal pay• Factors to consider
Skills Responsibilities Working conditions Effort
Current Issues in Employment Law
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Women earn approximately 80% of the salary of men
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Glass Ceiling• Invisible barrier blocking promotion to top
management• Women and minorities are under-represented in
top management positions
Current Issues in Employment Law
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Percent of women in top management positionsThailand 45%Russia 36%
Hong Kong 36%Philippines 36%
United States 15%Japan 10%
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Sexual Orientation• No federal law protection• 21 states, District of Columbia and Federal Government
prohibit discrimination based on sexual orientation.
English Only Laws• Necessity must be proven• May violate national origin discrimination protection.
Appearance and Weight• No federal law protection• Discrimination may affect pay, hiring and promotions
Current Issues in Employment Law
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HRM in a Global Environment
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Australia’s discrimination laws not enacted until the 1980s
Laws affecting HRM vary greatly by country.
60/100-hour work-weeks not uncommon. China’s recent labor laws seek to protect employees from such practices, but progress remains slow
Representative participation (work councils and board representatives) put labor on par with management and stockholders
Germany
Australia
India
China
Canada Canadian laws closely parallel those in the U.S.
Caste-based discrimination remains a barrier to equal employment despite legal and constitutional protection
Fill-in-the-blanks
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1. The 1964 Civil Rights Act, Title VII, protects individuals on the basis of ____, _____, ________, _____, and ______. race, color, religion, sex, national origin2. The Equal Opportunity Employment Act established the _____.EEOC3. The Civil Rights Act of 1991 included the _____ Act. Glass Ceiling4. The 4/5ths Rule: number of minority members hired must equal at least ___ percent of the majority members in the population hired.805. With ______, companies argue job relatedness in responding to accusations of discrimination in hiring.business necessity6. The 1971 Supreme Court case _____v.______ ruled that tests must fairly measure the skills and knowledge required for a job.Griggs v. Duke Power Company7. The EEOC defines sexual harassment as creating an ______. intimidating, offensive, or hostile environment