Equal Employment Opportunity

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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 harassment
• 10 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 origin
• 25 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 local
• Educational institutions
• Over 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 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

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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

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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

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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
• Wards 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 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

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8 WARDS 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

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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 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. DONT D0 ____________ ANYMORE.
• TURN THEM IN, PLEASE. NO NAMES. WELL 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