Employment%20Discrimination%20and%20Affirmative%20Action

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Employment Discrimination and Affirmative Action
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Chapter Eighteen Objectives

• Chronicle the civil rights movement
• Outline the federal discrimination laws
• Provide two different meanings of discrimination
• Elaborate on employment discrimination relating
  to race, color, national origin, sex, age,
  religion, and disability.
• Identify the different postures with respect to
  affirmative action, the concept of reverse
  discrimination, and an overview of the Supreme
  Courts decisions

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Chapter Eighteen Outline

• The Civil Rights Movement and Minority Progress
• Federal Laws Prohibiting Discrimination
• Expanded Meanings of Discrimination
• Issues in Employment Discrimination
• Affirmative Action in the Workplace
• Summary

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Introduction to Chapter Eighteen

• The chapter addresses
• Civil rights movement
• Civil rights issues as those rights relate to
  employment
• Federal discrimination laws
• Affirmative action

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Civil Rights Movement

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Federal Anti-Discrimination Laws

Title VII of the Civil Rights Act of 1964 Prohibits discrimination in hiring and other aspects of employment on the basis of race, color, religion, sex, or national origin.
Age Discrimination in Employment Act of 1967 Protects workers 40 years old and older from arbitrary age discrimination.
Equal Pay Act of 1963 Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work.
Rehabilitation Act of 1973, Section 503 Prohibits job discrimination on the basis of a handicap.
Americans with Disabilities Act Gives individuals with disabilities civil rights protections similar to those given to individuals on the basis of race, sex, national origin, and religion.
Civil Rights Act of 1991 Provided increased financial damages and jury trials in cases of intentional discrimination.
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Federal Anti-Discrimination Laws

• Equal Opportunity Commission
• Five Commissioners
• President appoints and Senate confirms
• Purpose
• Sets equal employment opportunity policy
• Investigates employment discrimination complaints
• Enforces anti-discrimination laws

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Expanded Meanings of Discrimination

• Disparate Treatment
• Disparate Impact
• Griggs v. Duke Power Company

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Expanded Meanings of Discrimination
Treatment Impact
Direct discrimination Indirect discrimination
Rules with a discriminatory premise Unequal consequences or results
Intentional discrimination Unintentional discrimination
Prejudiced actions Neutral, color-blind actions
Varying standards for different groups Same standards, but different consequences for different groups
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New Issues Impacting Employment Discrimination

Two New Groups Asians and HispanicsHispanic
population growth in the workforce is steadily
risingand their needs are different from African
Americans. Asian American presence is also rising
in the workforce, as is the problem of their
being perceived as a model minority.
Two Nations of Black AmericaIn the aftermath of
the Civil Rights Era, two African-America
communities now exist side by side, an affluent,
professional, and well-educated middle class, and
a large underclass with a disproportionate
number in prison.
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New Issues Impacting Employment Discrimination

• Hispanics
• Asians

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New Issues Impacting Employment Discrimination

• Getting into professional and managerial
  positions and out of traditional female-dominated
  positions
• Achieving pay commensurate with men
• Eliminating sexual harassment
• Quid pro quo
• Hostile work environment
• Being able to take maternity leave without losing
  jobs or job status

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New Issues Impacting Employment Discrimination
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Sexual Harassment

• Sexual harassment has now broadened to include
  not only individuals of the opposite sex, but of
  the same sex, too. Allegations of sexual
  harassment against public figures in the
  political, military, and corporate spheres,
  continue to create new ethical and legal problems.

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New Issues Impacting Employment Discrimination

• Suggested Sexual Harassment Guidelines
• Educate employees about prohibited conduct
• Reexamine, revise, and reissue written policy
• Make employees aware redress procedures
• Introduce, or update training programs
• Make certain that environmental harassment is
  absent from the workplace
• Get input from female employees

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New Issues Impacting Employment Discrimination

• Maternity leave
• Pregnancy Discrimination Act
• Fetal protection policies
• UAW v. Johnson Controls, Inc.
• Issues of age and religion
• Age Discrimination Act

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Affirmative Action Postures

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Affirmative Action in the Workplace

• Preferential Treatment
• Compensatory justice
• Reverse discrimination
• Minority opposition to affirmative action
• Affirmative action and the courts
• Strict scrutiny
• Compelling government interest
• Narrowly tailored to meet interest
• Future of affirmative action

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Selected Key Terms

• Affirmative action
• Age discrimination
• Americans with Disabilities Act (ADA)
• Bona fide occupational qualification
• Civil Rights Act of 1964
• Civil Rights Act of 1991
• Disparate treatment
• Disparate impact

• Equal Opportunity Commission (EEOC)
• Equal Pay Act
• Fetal protection
• Preferential treatment
• Protected groups
• Reverse discrimination
• Sexual harassment
• Title VII