Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 3Equal

Employment Opportunity and

Human Resources

Management

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2

Learning OutcomesPrepare an outline describing the major

equal employment opportunity (EEO) laws related to issues such as age, gender, religion, weight, and sexual orientation. Determine the employment practices they prohibit and the reason behind passage of EEO legislation. Describe what a bona fide occupational qualification is

Explain how the Uniform Guidelines on Employee Selection Procedures were developed and how firms use them to ensure they are abiding by the law. Understand adverse impact and disparate treatment


Learning OutcomesUnderstand EEOC record-keeping and

posting requirements and describe how discrimination charges are processed by the EEOC

Explain what affirmative action is and how companies today are seeing the value of voluntarily having diverse workforces


Figure 3.2 - Major Laws Affecting Equal Employment Opportunity


Figure 3.2 - Major Laws Affecting Equal Employment Opportunity


Civil Rights Act of 1964Bona Fide Occupational Qualification

(BFOQ)Suitable defense against a discrimination

charge only when age, religion, sex, or national origin is an actual qualification for performing the job

Title VII of the Civil Rights ActProhibits employment discrimination based on

a person’s religion


Civil Rights Act of 1964Does not require employers to grant complete

religious freedom in employment situationsRequires employers make a reasonable

accommodation without incurring undue hardship in conduct of the business


Fair Employment Practices (FEPs)State and local laws governing equal

employment opportunity that are more comprehensive than federal laws and apply to small employers

Prohibits discrimination based on a person’s sexual orientation, physical appearance, marital status, arrest records, color blindness, or political affiliation

Fair Employment Practice Agencies (FEPAs) - State and local agencies that enforce antidiscrimination laws


Immigration Reform and Control Act (IRCA)

Employers must comply with the requirements of Immigration Reform and Control Act (IRCA)Employers covered by law are prohibited from

knowingly hiring or retaining unauthorized aliens on the job

Employers with four or more employees are prohibited from discriminating in hiring or termination decisions based on nationality or citizenship


Emerging Employment Discrimination Issues

Weight discriminati

on

Attractiveness and

discrimination

Caregivers and

discrimination


Uniform Guidelines on Employee Selection ProceduresProcedural document published in the

Federal Register to help employers comply with federal regulations against discriminatory actions

Applies to employee selection procedures in:Hiring, retention, and referralPromotion and demotionTransfer and dismissal


Uniform Guidelines on Employee Selection ProceduresHelp comply with requirements of federal

laws prohibiting employment discriminationEmployers must be able to prove that

selection instrument used to choose individuals for employment, bears a direct relationship to job success


Uniform Guidelines on Employee Selection ProceduresAdverse impact

Rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, nonprotected class

Ways to show existence of adverse impactAdverse rejection rate or Four-fifths ruleConduct standard deviation analysis of firm’s

applicant data


Restricted Policy, Disparate Treatment, and Workforce Utilization Analysis

• Evidence that an employer has a selection procedure that excludes members of a protected class, whether intentional or not, constitutes adverse impact

Restricted policy

• Situation in which protected class members receive unequal treatment or are evaluated by different standards

• Involves instances of purposeful discrimination

Disparate treatment

• Process of classifying protected-class members by number and by the type of job they hold within the organization

Workforce utilization analysis


Equal Employment Opportunity CommissionFormulate EEO policy and approve litigations

involved in maintaining equal employment opportunity

Encourage employees, who file a claim, to call on its toll-free number or fill out a questionnaire onlineCommission then begins process of evaluation

to determine weather the complaint is covered by the laws it enforces


Record-Keeping and Posting RequirementsOrganizations subject to Title VII are

required to maintain employment records and reports

Federal contractors and subcontractors have special EEO reporting requirements

Failing to comply incur penalties


Processing Discrimination Charges - RetaliationManagers cannot retaliate against individuals

who invoke their legal rights to file charges or to support other employees during EEOC proceedings

Title VII states that an employer may not discriminate against his employees because employee has:Opposed any unlawful employment practiceMade a charge, testified, assisted or

participated in an investigation, proceedings, or hearings under this Act

Includes punitive action taken against employees who elect to exercise their legal rights before any EEO agency


Affirmative Action and Diversity ManagementAffirmative action: Requires organizations

to comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions

Chief diversity officer (CDO): Top executive responsible for the implementation of a firm’s diversity efforts


Beyond Affirmative Action: Leveraging DiversityFuture of affirmative action rests in

managers’ attitudes and voluntary actions to make workplace fairer and more competitive

Diverse workforce enables a company to keep up with changes

Steps toward leveraging people’s differences involve:SeeingUnderstandingValuing


Figure 3.6 - Steps to Leveraging Employee Differences

Documents

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