WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY

AND AFFIRMATIVE ACTION

Chapter Objectives

Describe the projected future diverse workforce. Describe diversity and diversity management. Identify the major laws affecting equal

employment opportunity. Identify some of the major Supreme Court

decisions that have had an impact on equal employment opportunity.

Explain adverse impact. Describe the Uniform Guidelines Explain affirmative action programs and how it

works.

The Workforce

FACTS By 2010 the workforce will increase to 158 million

from 141 million 4 out of 10 people entering the workforce between

1998 – 2008 will be member of a minority group By 2010 minority groups will account for the major

share of the workforce

Diversity in the Workforce

What will be key for companies?

Develop patience Open-mindedness Acceptance Cultural Awareness

Diversity and Diversity Management

Diversity: What does it mean?

Any perceived difference among people

Diversity Management: What does it mean?

Ensuring that the right systems are in place to promote diversity

Diversity Management INVOLVES

Creating a supportive culture where all employees can be effective.

Top management support diversity goals and include them in the business strategy

Fostering a culture that values individuals and their needs and contributions

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

Laws Affecting Equal Employment Opportunity

Equal Employment Opportunity: An Overview

EEO has been modified since passage of the Civil Rights Act in 1964.

Congress has passed other legislation to strengthen EEO

Held employers accountable for taping the abilities of the underutilized workforce in the 1960s

EEO has become an integral part of the workplace

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 (BFOQ) Persons not covered by Title VII Created the Equal Employment Opportunity Commission

(EEOC)

Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986

ADEA - Illegal to discriminate against anyone 40 years or 65 years

Pertains to employers who have 20 or more employees Provides for a trial by jury Possible criminal penalty and back wages

Rehabilitation Act of 1973

Prohibits discrimination against disabled workers Effect workers employed by government contractors,

subcontractors, and organizations Receive federal grants in excess of $2,500 Administered by OFCCP to make sure companies are

compliance

Pregnancy Discrimination Act of 1978

Pregnancy, childbirth, or related medical condition

Protection against being fired, refused a job or promotion

Entitled to benefits and sick leave

Immigration Act of 1990

Revised U.S. policy on legal immigration Established criminal and civil sanctions employers who

violated the act

Americans with Disabilities Act (ADA)

Prohibits discrimination against qualified individuals with disabilities

Prohibits discrimination in all employment practices: hiring, firing, job application process, advancement, compensation and training

Civil Rights Act of 1991

Provide appropriate remedies for intentional discrimination and unlawful harassment

Codify the concepts of business necessity and Bonda Fide Occupational Qualifications (BFOQ)

Confirm authority and guidelines for finding of adverse impacts under Title VII

Glass Ceiling Act: established a commission to study how companies fill management and decision-making positions

Executive Order 11246

Executive order (EO) - Directive issued by the President, having force and effect of laws enacted by Congress

Executive Order 11246 - Every executive department and agency that administers a program involving federal financial assistance must adhere to policy of nondiscrimination

Significant U.S. Supreme Court Decisions

Griggs v Duke Power Company

Phillips v Martin Marietta Corporation

University of California Regents v Bakke

Affirmative Action - 2003

Griggs v Duke Power Company

When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.

Phillips v Martin Marietta Corporation

Court ruled that the company had discriminated against a woman because she had young children.

Major implication – firm cannot impose standards for employment only on women

University of California Regents v Bakke

Reaffirmed that race may be taken into account in admission decisions

Affirmative Action - 2003

Grutter v Bollinger – colleges and universities have “compelling interest” in achieving diverse campuses

Gratz v Bollinger – in trying to achieve diversity, colleges and universities cannot use point systems that blindly give extra credit to minority applicants

Equal Employment Opportunity Commission (EEOC)

Title VII of the Civil Rights Act, as amended, created the EEOC

Filing a discrimination charge initiates EEOC action.

Charges must be filled within 180 days of alleged

act

Uniform Guidelines on Employee Selection Procedures

Provides a framework for making legal employment decisions about:

Hiring Promotion Demotion Referral Retention Use of testing Other selection procedures

Concept of Adverse Impact

Defined in terms of selection rates

Number of applicants hired or promoted

Total number of applicants

Occurs when women and minorities are not hired at Occurs when women and minorities are not hired at a rate of 80% of the best achieving groupa rate of 80% of the best achieving group

Concept of Adverse Impact

Two Avenues: Validate a selection device to show it is a predictor of

success

BFOQ – only one group is capable of performing the job

Discrimination Defined

Adverse Impact

Selection standards are applied

uniformly to all groups of applicants

Company PROVE: Business necessity BFOQ

Discrimination Defined

Adverse Treatment

Different standards applied to various

groups without intentional prejudice

Plaintiff They belong in a protected class They were qualified for the job Despite qualifications, they were

rejected After rejection the position

remained open

Affirmative Action

Affirmative Action Programs

Set of specific actions taken by an

Organization with government contracts to

proactively remove unintended barriers to achieve equal opportunity

EEO vs. AAP

Equal Employment OpportunityAims to ensure that anyone under the protected class has an equal chance for a job based on their qualifications.

Affirmative Action ProgramGoes beyond EEO by requiring employers to take action on eliminating barriers to hire and promote members of the protected Class.

Affirmative Action Programs

MANDATED BY OFCCP: Government contractor Lose a court discrimination case Signed a consent decree Voluntarily attempting to implement EEO principles

Affirmative Action Programs

The Process

Develop a written affirmative action program

File EEO-1

ID and analysis of problem areas

Affirmative Action Programs

Goals for the Plan

Annual

Work towards elimination of underutilization

Ultimate

Correct all underutilization