Diversity in the Workplace

1
Diversity in the Workplace

• A Legal Perspective

2
Title VII, Civil Rights Act of 1964

• an employer may not treat an employee differently
  or poorly on the basis of race, national origin,
  color of skin, religion, age, disability, or
  sex/gender
• employers with 15 or more employees, dealing with
  interstate commerce and subject to federal
  regulation
• expanded to include not only employees but also
  patrons and vendors
• administered by Equal Employment Opportunity
  Commission
• expanded with Age Discrimination and Employment
  Act of 1967, Vietnam Veterans Readjustment
  Assistance Act of 1974, Pregnancy Discrimination
  Act of 1978, and with The American Disability Act
  of 1990.
• Affirmative Action and Title VII are opposites

3
The Protected Classes

• Race-Caucasian, Asian, Black, Pacific Islander,
  American Indian
• National Origin-country of birth, ethnicity,
  ancestry or culture
• Color of Skin-regardless of color (reverse)
• Religion-his or her beliefs, requires
  accommodation
• Age-age 40 and over
• Disability
• Sex-Gender

4
Disability

• Vietnam and disabled veterans
• A physical or mental impairment that
  substantially limits one or more major life
  activities
• Impairment is a diagnosable physiological,
  mental, or psychological disorder or condition
• Substantially limits mean limited more than the
  average person based on nature, severity, and
  duration
• Major life activities means walking, breathing,
  seeing, hearing, learning, sitting, standing,
  lifting, sleeping, working, and caring for
  oneself.

5
Disability

• Disability Discrimination
• Has a current disability, has a history, or
  perceived to be
• Reasonable Accommodation
• Not unduly burdensome (not very costly, does not
  fundamentally alter the business operation, not a
  direct threat to the safety and health of other
  employees)
• Can be equipment, flexible schedules, special
  construction
• Access
• Ramps, door widths, parking, accessible restrooms
  nad facilities.

6
Sex/Gender

• Pregnancy Discrimination
• Sexual Harrassment
• Two Types
• Quid pro quo
• Hostile work environment
• Success factors
• Sexual in nature
• Either severe or pervasive
• Unwelcome or unwanted

7
Advice for Managers

• Have Title VII Policies and Procedures
• Be clear about Legitimate Business Purpose
  Concept
• Develop Objective Job Critera
• Never Retaliate

Advice for Employees

• Follow Policies and Procedures
• Behave Reasonably