Chapter 3 Equal Opportunity Employment

Fundamentals ofHuman Resource Management 11e

Chapter 3

Equal Opportunity Employment

Almost every U.S. organization, public and private, must abide by • The 1964 Civil Rights Act • Its 1972 amendment, the Equal Employment Opportunity

Act.• Other federal laws regulating employment

Introduction

2Fundamentals of Human Resource Management 11e

State and municipal laws may go beyond federal laws

Laws Affecting Discriminatory Practices

Fundamentals of Human Resource Management 11e3

The 1964 Civil Rights Act • Outlawed racial segregation and discrimination in

employment, public facilities, and education• Title VII covers hiring, promotion, dismissal, benefits,

compensation or any other terms, conditions, or privileges based on:

• Race• Religion• Color• Gender

• National origin

Organizations must have at least 15 employees to be covered.

Fundamentals of Human Resource Management 11e

Based on personal characteristics related to race such as:• Skin color• Hair texture• Facial features• Name • Attire• Accent• Marriage to a minority

Race and Color Discrimination

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Based on religious beliefs and how they are practiced:• All religions are covered• Absence of religion is covered too• Protected beliefs must be sincerely held• Employer must be notified

Religious Discrimination

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Reasonable accommodations must be made as long as they don’t cause an undue hardship for the employer. Accommodations may include:• Dress• Head coverings• Facial hair• Religious holidays

Religious Discrimination

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Based on citizenship or permanent residence status

May overlap with race or color discrimination Examples:

• Name• Dress• Accent

National Origin Discrimination

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Expanded and clarified by other laws. Examples of discrimination include

differences in treatment that involve:• Wages and benefits• Procedures• Leaves of absence• Dress codes• Job categories

Sex and Gender Discrimination

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The 1972 Equal Employment Opportunity Act (EEOA) Enforced the 1964 Civil Rights Act Established the Equal Employment Opportunity

Commission (EEOC) Expanded scope of civil rights protection to employees of

state and local governments, education, and labor Introduced affirmative action (Exec. Order 11246)



The EEOC website has helpful information for employees and employersTheir “Youth at Work” website helps young workers understand their rights.

http://www.eeoc.gov/

http://www.eeoc.gov/youth/



Executive Order 11246 • prohibits discrimination by federal agencies and

contractors or subcontractors

Executive Order 11375 • added sex-based criteria to 11246

Executive Order 11478 • added that employment practices of the federal government

must be based on merit and prohibit discrimination


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1967 Age Discrimination in Employment Act (ADEA) Protects people 40 and older Stopped companies from requiring mandatory retirement

at any age Possible discriminatory practices may include:

• Fitness requirements not relevant to the position• Different health benefits• Changing job requirements• Layoffs that target older workers


Equal Pay Act (1963)• As long as jobs are substantially equal, pay should

be equal• Lilly Ledbetter Fair Pay Act (2009)

Allows workers to file pay discrimination claims within 180 days of any discriminatory paycheck.

Laws Affecting Discriminatory Practices.

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Pregnancy Discrimination Act (1978) Pregnancy may not be considered in employment

decisions Hiring Insurance Leaves Working conditions

ADA allows accommodations for physical limitations FMLA allows leave with similar job upon return



Americans with Disabilities Act (ADA) of 1990 • Extends protection and reasonable accommodations to

those with a disability• Defines disabled as a person who:

Has a physical or mental impairment that substantially limits one or more life activities

Has a history or record of such impairment Is perceived by others as having such impairment

Covers not only those with mobility and communication disabilities, but those with HIV/AIDS and intellectual disabilities


Qualified Individuals

•Meet job related requirements such as education, certification or experience

Major Life Activities

•Seeing, hearing, eating, walking, standing, breathing, concentrating, caring for oneself and many others.

Essential Job Functions

•Activities explained in the job description that are required for success in the position

Reasonable Accommodations

•Modifications to the work environment that allow a qualified individual to work. •Relevant to size of organization. •May include wider doorways, ramps, adaptive software, modified work schedules and many others.

Important ADA Terms

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ADA Amendments Act of 2008 (ADAAA)• Makes it easier for employees to prove disability

such as Cancer Diabetes Bipolar disorder Immune system function Epilepsy


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The Civil Rights Act of 1991 • Reinforced the 1964 Act which had been weakened by a

number of Supreme Court cases• Returned burden of proof that discrimination did not occur

back to the employer• Includes the Glass Ceiling Act and established the Glass

Ceiling Commission to study management practices


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First law to allow individuals to sue for punitive damages


Family and Medical Leave Act of 1993 (FMLA)• Allows employees to take up to 12 weeks of

unpaid leave in a 12 month period for Birth or adoption of a child or placement of foster child Personal or family member illness Care of family member with serious injury or illness

who is member of armed services Situations rising from active military duty of spouse,

child or parent.


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To qualify for FMLA leave• Employer must have at least 50 employees within

a 75 mile radius.• Employee must

Have worked at least 12 months and have worked 1,250 hours within the last 12 months.


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FMLA difficulties for HR: determining eligibility to take leave, staffing problems that result, and timing

of leave notification, keeping position open for employee to return.


Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)• Strengthens rights of veterans of the Reserves or

National Guard to return to private sector jobs.• Prohibits employers from discriminating against

applicants with prior military service.


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Genetic Information Nondiscrimination Act of 2008 (GINA)• Prohibits discrimination based on genetic

information such as a family history of a genetic disease such as breast cancer or Alzheimer’s Disease.

• Includes hiring decisions and insurance coverage


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Uniform Guidelines on Employee Selection Procedures• Outlines requirements for employers to prove that

they are observing equal employment laws.• HR policies must be made on job-related factors• Policies cannot discriminate based on non-related

factors

Preventing Discrimination

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Adverse Impact• HR policy or practice has a discriminatory impact

on a protected group May be unintentional Example: height requirements may discriminate against

women or some minority groups.


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Adverse Treatment (Disparate Treatment)• HR policy or practice treats a protected group

differently resulting in discrimination Example: individuals in protected groups are rarely

hired or promoted to certain positions.


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Four tests may be used to determine if discrimination has potentially occurred:



But it is up to a judicial body to make the final determination.

McDonnellDouglas test

geographicalcomparisons

4/5ths rule

restricted policy

Proportion of minority members hired must equal at least 80 percent (4/5ths) of the majority members in the population hired

Issued by the EEOC, it helps to assess if adverse impact has occurred

Connecticut v. Teal (1984) case established that decisions in each step of decision process must conform to the 4/5ths rule



4/5thsrule

Exhibit 3.4 shows an example of compliance and non-compliance with the 4/5ths rule.



Does company’s mix of employees at all levels reflect its recruiting market?

restricted policy

geographicalcomparisons

Do HRM policies exclude a class of individuals?



McDonnell Douglas

Test

Four components must exist1. Individual is a member of a protected group

2. Individual applied for a job for which he or she was qualified

3. Individual was rejected

4. Employer continued to seek applicants with similar qualifications after individual was rejected


Affirmative Action Plans• Seeks to correct past injustices in hiring by

actively seeking minority applicants• Workforce should resemble the community• Applies to organizations that contract with the

federal government


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How companies can respond to discrimination charges if found to have adverse impact:

• Discontinue the practice• Defend against the charges by arguing:

Business necessity Bona fide occupational qualification Seniority systems

Proving job relatedness is often the most common approach

Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO


Case Ruling

Griggs v. Duke Power (1971) Tests must fairly measure the knowledge or skills required for a job; also validity of tests.

Albemarle Paper Company v. Moody (1975) Clarified requirements for using and validating tests in selection.

Washington v. Davis (1976) Job-related tests are permissible for screening applicants.

Connecticut v. Teal (1984) Requires all steps in a selection process to meet the 4/5ths rule.

Firefighters Local 1784 v. Stotts (1984) Layoffs are permitted by seniority despite effects it may have on minority employees.

Wyant v. Jackson Board of Education (1986) Layoffs of white workers to establish racial or ethnic balances are illegal; however, this case reaffirmed the use of affirmative action plans to correct racial imbalance.

United States v. Paradise (1986) Quotas may be used to correct significant racial discrimination practices.

Sheetmetal Workers Local 24 v. EEOC (1987) Racial preference could be used in layoff decisions only for those who had been subjected to previous race discrimination.

Johnson v. Santa Clara County Transportation Agency (1987)

Reaffirmed the use of preferential treatment based on gender to overcome problems in existing affirmative action plans.

Enforcing Equal Opportunity Employment


Federal Government

EEOCOFCCP

within department of labor

www.eeoc.gov http://www.dol.gov/ofccp/

http://www.eeoc.gov/

http://www.dol.gov/ofccp/



Enforces federal laws on civil rights at work. Follows a five-step process to resolve complaints:1. EEOC notifies company within 10 days of filing and begins investigation

2. EEOC notifies company of findings within 120 days

3. If complaint is unfounded, process stopsIf founded, EEOC tries to correct the problem informally

4. If unsuccessful, EEOC begins mediation (settlement meeting)

5. If unsuccessful, EEOC may file charges in court

EEOC

Has power to investigate claims but no enforcement power.



Office of Federal Contract Compliance Programs (OFCCP)• Responsible for ensuring that contractors doing business

with the Federal government do not discriminate and take affirmative action

• Follows similar practice as EEOC in evaluating claims • Can cancel an organization’s contract with the federal

government if organization fails to comply with EEO laws

OFCCP


Sexual Harassment• Creates intimidating, offensive or hostile

environment• Unreasonably interferes with individual’s work• Adversely affects an individual’s employment

opportunities

Current Issues in Employment Law

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Sexual Harassment takes two forms• Quid pro quo harassment

Sexual behavior is expected as a condition of employment

• Hostile environment harassment Workplace environment is offensive enough to interfere

with the ability to work


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Comparable Worth• Jobs of equal importance to an organization should

earn equal pay• Factors to consider

Skills Responsibilities Working conditions Effort


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Women earn approximately 80% of the salary of men


Glass Ceiling• Invisible barrier blocking promotion to top

management• Women and minorities are under-represented in

top management positions


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Percent of women in top management positionsThailand 45%Russia 36%

Hong Kong 36%Philippines 36%

United States 15%Japan 10%


Sexual Orientation• No federal law protection• 21 states, District of Columbia and Federal Government

prohibit discrimination based on sexual orientation.

English Only Laws• Necessity must be proven• May violate national origin discrimination protection.

Appearance and Weight• No federal law protection• Discrimination may affect pay, hiring and promotions


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HRM in a Global Environment


Australia’s discrimination laws not enacted until the 1980s

Laws affecting HRM vary greatly by country.

60/100-hour work-weeks not uncommon. China’s recent labor laws seek to protect employees from such practices, but progress remains slow

Representative participation (work councils and board representatives) put labor on par with management and stockholders

Germany

Australia

India

China

Canada Canadian laws closely parallel those in the U.S.

Caste-based discrimination remains a barrier to equal employment despite legal and constitutional protection

Fill-in-the-blanks


1. The 1964 Civil Rights Act, Title VII, protects individuals on the basis of ____, _____, ________, _____, and ______. race, color, religion, sex, national origin2. The Equal Opportunity Employment Act established the _____.EEOC3. The Civil Rights Act of 1991 included the _____ Act. Glass Ceiling4. The 4/5ths Rule: number of minority members hired must equal at least ___ percent of the majority members in the population hired.805. With ______, companies argue job relatedness in responding to accusations of discrimination in hiring.business necessity6. The 1971 Supreme Court case _____v.______ ruled that tests must fairly measure the skills and knowledge required for a job.Griggs v. Duke Power Company7. The EEOC defines sexual harassment as creating an ______. intimidating, offensive, or hostile environment

Documents

Chapter 3 Equal Opportunity Employment