equal employment opportunity in bangladesh

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Chapter 3Equal Opportunity Employment

Fundamentals of Human Resource ManagementEighth Edition

DeCenzo and Robbins

Introduction Government legislation affects all HRM functions

State and municipal laws impact HRM, as well as the Federal laws


Laws Affecting Discriminatory Practices Legislation prohibiting discrimination on the basis of

race, sex, and national origin before the 1964 Civil Rights Act Civil Rights Act of 1866 Fourteenth Amendment to the Constitution


Laws Affecting Discriminatory Practices


Civil Rights Act of 1964 Title VII prohibits discrimination in:

hiring compensation terms, conditions or privileges of employment

based on: race religion color sex national origin

Applies to any organization with 15 or more employees. www.AssignmentPoint.com

Civil Rights Act of 1964 Griggs v. Duke Power Company (1971)

demonstrated that selection criteria must be directly relevant to the job.

Equal Employment Opportunity Act (EEOA) Granted enforcement powers to the EEOC

Equal Employment Opportunity Commission (EEOC) The arm of the federal government empowered to

handle discrimination in employment cases


Civil Rights Act of 1964 Affirmative Action

Reflect the 1972 premise that white males made up the majority of workers

Companies in the 70s were still growing and could accommodate more workers

Minorities should be hired to correct past prejudice Legal and social coercion were necessary to bring

about change Involves:

analyzing current work force demographics establishing goals and timetables for correcting

imbalanceswww.AssignmentPoint.com

Civil Rights Act of 1964 Controversy and criticism of preferences in

employment for protected groups is causing legislative bodies to take a second look at Affirmative Action.

Adverse (disparate) impact occurs when there is a greater rejection rate in an

occupation for a protected group (those protected under discrimination laws) than for the majority group.

Adverse (disparate) treatment occurs when members of a protected group are

treated differently than other employees.www.AssignmentPoint.com

Laws Affecting Discriminatory Practices Executive Order (E.O.) 11246

Prohibits discrimination on the basis of religion, color, and national origin

Affects Federal agencies Those working under federal contracts

Executive Order (E.O.) 11375 Added sex-based discrimination


Laws Affecting Discriminatory Practices Age Discrimination in

Employment Act of 1967 protects those 40 and older eliminates mandatory retirement

and the arbitrary replacement of older workers with younger workers

provides for oversight in pension and benefit issues


Laws Affecting Discriminatory Practices Pregnancy Discrimination Act of

1978 Employment decisions may not be

based on an individuals pregnancy Must treat pregnancy as any other

short-term disability Supplemented by various state

laws


Laws Affecting Discriminatory Practices The Americans with Disabilities

Act of 1990 (ADA) Extends protection of Vocational

Rehabilitation Act to most forms of disability status (including AIDS and other contagious diseases).

Requires companies to make reasonable accommodations for qualified applicants and employees.

Covers private companies and all public service organizations.


Laws Affecting Discriminatory Practices The Family and Medical Leave

Act of 1993 Employees in organizations employing

50 or more workers can take up to 12 weeks unpaid leave each year for Childbirth Adoption Own illness or illness of a family member

Employees must meet eligibility requirements to be covered.

Employers must meet certain communication requirements under the Act.


Laws Affecting Discriminatory Practices Executive Order 11478

Amends E.O. 11246 Practices in the federal government must be based on

merit Prohibits discrimination based on:

Political affiliation Marital status Physical handicap


Laws Affecting Discriminatory Practices Civil Rights Act of 1991

Passed after Supreme Court decisions diminished effect of Griggs decision.

Prohibits racial harassment Returns burden of proof to employer Reinforces illegality of making hiring, firing or

promotion decisions on basis of race, ethnicity, sex or religion

Permits women and religious minorities to seek punitive damages in intentional discriminatory claims

Included the Glass Ceiling Act


Guarding Against Discrimination Practices Determining Potential Discriminatory Practices

The 4/5ths Rule Restricted Policy Geographical Comparisons McDonnell-Douglas Test


Guarding Against Discrimination Practices The 4/5ths Rule

Guideline established by EEOC Uniform Guidelines on Employee Selection Procedures.

Compares selection ratio for minority applicants to that for majority applicants

If less than 4/5ths (80%), discrimination may have occurred.

Applies to all steps in a selection process.


Guarding Against Discrimination Practices Restricted Policy

infractions occur when HRM activities result in exclusion of a class of individuals E.g., laying off employees over age 40 while recruiting

younger workers


Guarding Against Discrimination Practices Geographical Comparisons

Characteristics of the qualified pool of potential applicants

are compared to

characteristics of employees


Guarding Against Discrimination Practices McDonnell-Douglas Test

Individual is member of a protected group. Individual is qualified for job. Individual is rejected. Organization continues to seek other applicants with

similar qualifications.


Responding to an EEO Charge Employers should discontinue practices which

cannot be defended. Practice reinstated only after

Careful study Practice is modified, if necessary

Three defenses: Business necessity Bona Fide occupations qualifications Seniority System


Responding to an EEO Charge Business Necessity the right to expect employees

to perform successfully shown by demonstrating that

selection criteria are job-related


Responding to an EEO Charge Bona Fide Occupational Qualifications

Can be use when job requirements are Reasonably necessary to meet the normal operation of that business or enterprise

Title VII exceptions Sex Age Religion


Responding to an EEO Charge Seniority Systems

Decisions that adversely affect protected group members may be permissible if:

Based on well-established and consistently applied seniority systems


Selected Relevant Supreme Court Cases

Cases Concerning Discrimination Cases Concerning Reverse Discrimination


Selected Relevant Supreme Court Cases Cases concerning discrimination

Griggs v. Duke Power (1971): Tests were illegal when they resulted in adverse impact and were not job related.

Albemarle Paper Company v. Moody (1975): Clarified methods for using and validating tests in selection

Wards Cove Packing Company v. Atonio (1989): Statistics alone could not support evidence of discrimination; burden of proof shifted to the plaintiff.


Selected Relevant Supreme Court Cases Cases concerning reverse discrimination

Bakke v. the Regents of the University of California at Davis Medical School (1978): School could not set aside seats for minorities.

United Steelworkers of America v. Weber (1979): Court supported companys voluntary affirmative action training program for minorities.


Selected Relevant Supreme Court Cases Firefighter Local 1784 v. Stotts (1984)

& Wyant v. Jackson Board of Education (1986): Affirmative action may not take

precedence over a seniority system Collective bargaining agreement giving

preferential treatment to minorities in layoffs was illegal.

Johnson v. Santa Clara County Transportation (1987): Preferential treatment based on AA goals

permitted if non-minorities protected.


Enforcing Equal Employment Opportunity Equal Employment Opportunity

Commission Jurisdiction for Title VII and other

legislation that covers charges of discrimination based on race, color, sex, national origin, age or disability.

Five Step Process to Pursue Charges


Enforcing Equal Employment Opportunity1. EEOC notifies company within 10 days of filing

and begins investigation2. EEOC notifies company of findings within 120

days3. If unfounded, process stops

If founded, EEOC tries to resolve4. If unsuccessful, EEOC begins mediation

(settlement meeting)5. If unsuccessful, EEOC may file charges in

courtwww.AssignmentPoint.com

Enforcing Equal Employment Opportunity Office of Federal Contract Compliance

Programs (OFCCP) Enforces

Executive Order 11246 Section 503 of Vocational Rehabilitation Act Vietnam Veterans Readjustment Act of 1974.

Operates within U.S. Dept. of Labor. Investigates discrimination complaints; process similar

to that of EEOC. Can cancel employers contract with federal

government Applies to any organization with a federal contract or

acts as a subcontractor. www.AssignmentPoint.com

HRM in a Global Environment Laws affecting Human Resource Management vary greatly by country.

Canadian laws closely parallel those in the U.S.

In Mexico, employees more likely to be unionized.

Australias discrimination laws not enacted until the 1980s


Current Issues in Employment Law What is Sexual Harassment?

Unwanted activity of a sexual nature that affects an individuals employment

Prohibited under Title VII as sex discrimination Sexual harassment can occur where: verbal or

physical conduct toward an individual: (1) creates an intimidating, offensive, or hostile

environment (2) unreasonably interferes with an individuals work (3) adversely affects employees employment

opportunities.


Current Issues in Employment Law Meritor Savings Bank v. Vinson Supreme Court case: supported hostile environment claims; identified employer liability.

Harris v. Forklift Systems, Inc. Supreme Court case: victims dont have to suffer substantial mental distress.

1998 Supreme Court ruling indicated that harassment can take place even if the employee does not experience any negative job repercussions.


Current Issues in Employment Law Are Women Reaching the Top of

Organizations? Comparable worth - determining fair pay for both

female-oriented jobs and male-oriented jobs based on comparable skill, effort, and responsibility.

Glass ceiling - lack of women and minority representation at the top levels of organizations.

OFCCP has glass ceiling initiative. Promotes career development for women and minorities. Looks for such in its audits.


equal employment opportunity in bangladesh

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