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

DeCenzo and Robbins HRM 7th Edition

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CHAPTER 3

Equal Employment Opportunity


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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


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1: CIVIL RIGHTS LEGISLATION

Civil Rights Act of 1866

Civil Rights Act of 1964 Title VII Title IX


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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


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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


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3: AFFIRMATIVE ACTION

Stipulated by Title VII

Preferential treatment to minority group members Recruiting Hiring


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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


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3: CURRENT AFFIRMATIVE ACTION

Fair employmentGroups given preferential treatmentIndividual performance should

determine employment actionsGoal: Equal employment opportunity

for all individuals


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4: HOW TO DETERMINE EEO?

Adverse impact Consequence of

practice

Disparate impactAdverse treatment

Treatment of protected class

Disparate treatment


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4: AGE DISCRIMINATION IN EMPLOYMENT ACT

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

employment agencies, labor organizations


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4: PREGNANCY DISCRIMINATION ACT

1978HireInsureFireDepends on other

benefits coverage


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5: AMERICANS WITH DISABILITIES ACT

1990Reasonable

accommodationReassignment15 or more

employeesPrivate and public


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6: FAMILY AND MEDICAL LEAVE ACT

1993Family matters

(childbirth, adoption, sick child)

12 weeks unpaidHealth insuranceCome back to a jobWho is covered?


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6: EXECUTIVE ORDERS

Protect federal workers against discrimination

11246 1965 Race, religion, color,

national origin Office of Federal

Contract Compliance Programs


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6: MORE EXECUTIVE ORDERS

11375 Sex

11478 Political affiliation Marital status Physical disability


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6: CIVIL RIGHTS ACT OF 1991

Glass Ceiling ActPunitive damages


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7: DETERMINING DISCRIMINATION

Adverse impact on more than one individual

Tests indicate risky/questionable practices


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7: WAYS TO DETERMINE DISCRIMINATION

4/5ths ruleRestricted policyGeographical

comparisonMcDonnell-Douglas

test


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7: 4/5TH RULE

EEOC guidelineEach step of the

selection processMinority numbers

must be 80% of majority numbers


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7: RESTRICTED POLICY

Through hiring practices Intentional or not

A protected classExcluded from

consideration


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7: GEOGRAPHICAL COMPARISON

Qualified pool of applicants

MATCHED AGAINST

Characteristics of employees


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7: MCDONNELL-DOUGLAS TEST

Member of a protected group

Qualified for jobRejectedEnterprise then

continues to seek other applicants with similar qualifications


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7: WHAT TO DO WHEN….

EEO ALLEGES DISCRIMINATION Business necessity Bonafide

occupational qualification

Seniority


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7: BUSINESS NECESSITY

Operate in a safe and efficient manner

Employees possess appropriate Skills Knowledge Abilities


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7: BFOQ

Title VII exceptions Sex Age Religion

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


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8: DISCRIMINATION CASES

Griggs v. Duke PowerAlbemarle Paper

Company v. MoodyWard’s Cove Packing

Company v. Antonio

– See Exhibit 3-5


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


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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


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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


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8: WARD’S COVE PACKING COMPANY

Salmon canneryBurden of proof

shifted to employee


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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


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8: YOUR HR ISSUES ARE…

HRM practices may be challenged by anyone

SO…. Defend Explain

OR ELSE


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9: ROLE OF EEOC

Notify organization of charge

Notify organization of findings

If cause Informal process Mediation meeting EEOC may file

charges in court


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9: SEXUAL HARASSMENT

15,000 complaints a year

Defined Hostile

environment Interferes with work Adversely affects

employment opportunity


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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


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10: GLASS CEILING

Comparable worthInvisible barrier to

promotion Audit compliance

programs Training Organizational

culture


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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


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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.


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Exhibit 3-1: Summary of Laws Affecting Discrimination


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Exhibit 3-2: Family and Medical Act


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Exhibit 3-3: Employer Communications Requirements Under FMLA


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

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

Documents

robbins hrm

eeo slide

enterprise slide

consideration slide

public slide

glass ceiling slide

medical leave act z

social coercion slide