Ch03 Equal Employment Opport

CHAPTER 3 Equal Employment Opportunity

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CHAPTER 3 TOPICS: • • • • • • • • • •

1: 2: 3: 4: 5: 6: 7: 8: 9: 10:

Civil Rights Act of 1964 Equal Employment Opportunity Act of 1972 Affirmative action Adverse impact, for example Americans with Disabilities Act of 1990 Family and Medical Leave Act of 1993 Discrimination charge defenses Griggs v. Duke Power Sexual harassment Glass ceiling DeCenzo and Robbins HRM 7th Edition

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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 origin

• 25 OR MORE EMPLOYEES DeCenzo and Robbins HRM 7th Edition

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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 local • Educational institutions • Over 15 employees DeCenzo and Robbins HRM 7th Edition

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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 employment • Groups given preferential treatment • Individual performance should determine employment actions • Goal: Equal employment opportunity for all individuals

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4: HOW TO DETERMINE EEO? • Adverse impact – Consequence of practice

• Disparate impact • Adverse treatment – Treatment of protected class

• Disparate treatment

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4: AGE DISCRIMINATION IN EMPLOYMENT ACT • • • • • •

1967 40 or 60 or ??? Save $$ Punitive damages 20+ employees Government, employment agencies, labor organizations DeCenzo and Robbins HRM 7th Edition

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4: PREGNANCY DISCRIMINATION ACT • • • • •

1978 Hire Insure Fire Depends on other benefits coverage

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5: AMERICANS WITH DISABILITIES ACT • 1990 • Reasonable accommodation • Reassignment • 15 or more employees • Private and public

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6: FAMILY AND MEDICAL LEAVE ACT • 1993 • Family matters – (childbirth, adoption, sick child)

• • • •

12 weeks unpaid Health insurance Come back to a job Who 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 DeCenzo and Robbins HRM 7th Edition

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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 Act • Punitive 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 rule • Restricted policy • Geographical comparison • McDonnell-Douglas test

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7: 4/5TH RULE • EEOC guideline • Each step of the selection process • Minority numbers must be 80% of majority numbers

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7: RESTRICTED POLICY • Through hiring practices – Intentional or not

• A protected class • Excluded from consideration

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7: GEOGRAPHICAL COMPARISON • Qualified pool of applicants • MATCHED AGAINST

• Characteristics of employees DeCenzo and Robbins HRM 7th Edition

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7: MCDONNELL-DOUGLAS TEST • Member of a protected group • Qualified for job • Rejected • Enterprise 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 Power • Albemarle Paper Company v. Moody • Ward’s Cove Packing Company v. Antonio

» See Exhibit 3-5 DeCenzo and Robbins HRM 7th Edition

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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 testing • Employers 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 DeCenzo and Robbins HRM 7th Edition

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8: WARD’S COVE PACKING COMPANY • Salmon cannery • Burden 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 DeCenzo and Robbins HRM 7th Edition

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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 DeCenzo and Robbins HRM 7th Edition

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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 worth • Invisible 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 DeCenzo and Robbins HRM 7th Edition

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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. DeCenzo and Robbins HRM 7th Edition

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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

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