Equal Opportunity and the Law Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2 2-1

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall

Equal Opportunity and the Law2

2-1


Learning Objectives

1. Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws.

2. Explain how to avoid and deal with accusations of sexual harassment at work.

3. Define adverse impact and explain how it is proved.

4. Explain and illustrate two defenses you can use in the event of discriminatory practice allegations.

2-2


Learning Objectives

5.Cite specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.

6.List the steps in the EEOC enforcement process.

7.Discuss why diversity management is important and how to institutionalize a diversity management program.

2-3


The importance and basic features of Title VII of the 1964 Civil Rights Act and other equal employment

laws

2-4


Equal Employment Opportunity 1964–1991

2-5


Title VII of the 1964 Civil Rights Act

• Title VII of the 1964 Civil Rights ActoWho Does Title VII

Cover?oThe EEOC

2-6


Executive Orders

• Signed into law by various presidents

• Affirmative Action• Office of Federal

Contract Compliance Programs (OFCCP)

2-7


Equal Pay Act of 1963• Unlawful to discriminate on basis of

sex• Jobs involve:oEqual workoEquivalent skillsoSimilar conditions

2-8


Age Discrimination in Employment Act of 1967

• Under ADEA, no discrimination for those between 40 – 65

• No slack for employer if fired employee replaced by one much younger

2-9


Vocational Rehabilitation Act of 1973

• Federal contracts > $2,500.

• Affirmative Action• Reasonable

accommodations

2-10


Pregnancy Discrimination Act of 1978

• Prohibits using pregnancy, childbirth, or related medical conditions to discriminate in:o hiringopromotionosuspension, orodischarge

2-11


Federal Agency Guidelines

• EEOC• Civil Service Commission• Department of Labor (DOL)• Department of Justice (DOJ)

2-12


Early Court Decisions, Equal Employment Opportunity

• Griggs v. Duke power company

• Albemarle paper company v. Moody

2-13


Review• Title VII of the 1964 Civil Rights Act• Executive Orders• The Equal Pay Act• The Vocational Rehabilitation Act• The Pregnancy Discrimination Act• Federal agency guidelines• Court decisions on equal employment

2-14


Equal Employment Opportunity

1990–91–present

2-15


The Civil Rights Act of 1991

• Burden of proof• Money damages• Mixed motives

2-16


The Americans with Disabilities Act

• Mental impairments and the ADA• Qualified individual• Reasonable accommodation• Traditional employer defenses• The “new” ADA

2-17


Genetic Information Nondiscrimination Act of 2008

(GINA)

• Genetic information• Employers• Health insurers

2-18


State & Local EEO Laws

• State and local employment discrimination

• Coverage• Employment opportunity agencies

2-19


Review

• Legal terminology• The Civil Rights Act of 1991• Americans with Disabilities Act• Genetic Information

Nondiscrimination Act• State and local EOO laws

2-20


Avoiding and dealing with accusations of sexual harassment at work

2-21


Sexual Harassment• Affirmative action duty• Federal Violence Against Women Act

of 1994• What is sexual harassment

2-22


Sexual Harassment

• Proving sexual harassment

• When is the environment hostile?

2-23


Sexual Harassment

• Supreme Court decisions• Implications• When the law isn’t enough• What the employee can do

2-24


Review

• Sexual harassment• Affirmative Action duty• Federal Violence Against Women Act

1994• Supreme Court decisions

2-25


Defenses against discrimination allegations

2-26


Defining and Proving Adverse Impact

• Disparate treatment

• Disparate impact

2-27


The Central Role of Adverse Impact

• Showing adverse impactoDisparate rejection ratesoThe Standard Deviation RuleoRestricted policyoPopulation comparisonsoMcDonnell-Douglas Test

2-28


Two Defenses Employers may Use in the Event of Discriminatory Practice

Allegations.

2-29


Bona Fide Occupational Qualification (BFOQ)

• Age • Religion• Gender• National origin

2-30


Other Adverse Impact Issues

• Business Necessity• Other considerationsoGood intentionsoCollective Bargaining Agreements

(CBA)oDefense not only recourse

2-31


Review

• Disparate treatment and impact• The Central Role of Adverse Impact• Employer defenses• Other Adverse Impact Issues

2-32


Specific discriminatory personnel management

practices

2-33


Illustrative Discriminatory Employment Practices

• What you can and cannot do• RecruitmentoWord-of-mouthoMisleading informationoHelp wanted ads

2-34


Illustrative Discriminatory Employment Practices

• Examples of selection standardsoEducational requirementsoTestsoPhysical characteristicsoArrest recordsoApplication forms

2-35


Sample Discriminatory Promotion, Transfer and Layoff Practices

• Personal appearanceoDressoHairoUniformsoTattoos, body piercings

• Supervisor knowledge

2-36


Review

• Illustrative Discriminatory Employment Practices

• Examples of selection standards• Sample Discriminatory Promotion,

Transfer and Layoff Practices

2-37


The steps in the EEOC enforcement process

2-38


The EEOC Enforcement Process

• File charge• Charge acceptance• Serve notice• Investigation• Cause/no cause• Conciliation• Notice to sue

2-39


The EEOC Enforcement Process

• Voluntary mediation• Mandatory arbitration

of discrimination claims

2-40


Review• The EEOC Enforcement ProcessoSeven-step process

• The EEOC Enforcement ProcessoVoluntary mediationoMandatory arbitration of discrimination

claims

2-41


Why diversity management is important and how to

institutionalize a diversity management program

2-42


Diversity Management and

Affirmative Action Programs

• Diversity pros and consoStereotypingoDiscriminationoTokenismoEthnocentrismoGender-role stereotypes

2-43




• Managing diversity• Encouraging

inclusiveness• Multicultural

consciousness

2-44




• EEO vs. Affirmative Action

• Implementing an Affirmative Action Program

• Reverse discrimination

2-45


Review

• Diversity management and Affirmative Action programs

• Diversity benefits• Managing diversity• EEO vs. Affirmative Action

2-46


All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.

2-47

Documents

Equal Opportunity and the Law Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2 2-1