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CHAPTER 2

EQUAL EMPLOYMENT OPPORTUNITYAND HUMAN RESOURCES MANAGEMENT

In this chapter you will learn how managers must be constantly aware of the laws andregulations governing the employment relationship. This is true for both federal andstate regulations. Many of these laws concern the fair and equal employment ofprotected classes of workers, although equal employment opportunity (EE! lawspertain to all members of the labor force. "ou will understand from this chapter thatequal employment opportunity laws cover all aspects of employment, includingrecruitment, selection, training, promotion, and compensation. In hiring or supervisionemployees, you will know to give careful attention to the application of equalemployment opportunity laws and regulations to prevent charges of discrimination.#inally, you will be able to distinguish how protected classes can sustain a charge ofadverse impact, how an employer can establish a defense of adverse impact, and howthe employer should establish an affirmative action program.

LEARNING OBJECTIVES

$fter studying this chapter you should be able to

E%plain the reasons behind the passage of equal employment opportunitylegislation.

&repare an outline describing the ma'or laws affecting equal employmentopportunity. escribe bona fide occupational qualification and religiouspreference as equal employment opportunity issues.

iscuss se%ual harassment and immigration reform and control as equalemployment opportunity concerns.

E%plain the use of the Uniform Guidelines on Employee Selection Procedures. &rovide e%amples illustrating the concept of adverse impact and apply the four)

fifths rule.

iscuss significant court cases impacting equal employment opportunity.

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2-2 Managing Human Re!u"#e

Illustrate various enforcement procedures affecting equal employmentopportunity.

escribe affirmative action and the basic steps in developing an affirmativeaction program.

CHAPTER SUMMARY RELATING TO LEARNING OBJECTIVES

Employment discrimination against blacks, *ispanics, women, and other groupshas long been practiced by +.. employers. &re'udice against minority groups isa ma'or cause in their lack of employment gains. -overnment reports show that

the wages and 'ob opportunities of minorities typically lag behind those for whites.#actors that have influenced the growth of equal employment opportunity legislationchanging attitudes toward employment discrimination, published reports highlightingthe economic problems of women, minorities, and older workers, and a growing body ofdisparate laws and government regulations covering discrimination.

ome of the significant laws that have been passed barring employmentdiscrimination are

The Equal &ay $ct of /012 outlaws discrimination in pay, employee benefits,

and pensions based on the worker3s gender.

Title 4II of the 5ivil 6ights $ct of /017 is the broadest and most significant of the

antidiscrimination statues. The act bars discrimination in all human resourcesactivities, including hiring, training, promotion, pay, employee benefits, and otherconditions of employment. iscrimination is prohibited on the basis of race, color,religion, se%, or national origin.

$ge iscrimination in Employment $ct of /018 prohibits private and public

employers from discriminating against persons 79 years of age or older in any area ofemployment because of age: e%ceptions are permitted where age is a bona fideoccupational qualification.

Equal Employment pportunity $ct of /08;, amended Title 4II of 5ivil 6ights $ct of

/017, it strengthens Equal Employment pportunity 5ommission3s enforcement powersand e%tends coverage of Title 4II to government employees, employees in higher

education, and other employers and employees. The &regnancy iscrimination $ct of /08< broadens the definition of se%

discrimination to include pregnancy, childbirth, or related medical conditions: prohibitsemployers from discriminating against pregnant women in employment benefits if theyare capable of performing their 'ob duties.

The $mericans with isabilities $ct of /009 prohibits discrimination in employment

against persons with physical or mental disabilities or the chronically ill: en'oins

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employers to make reasonable accommodation to the employment needs of thedisabled: covers employers with fifteen or more employees.

The 5ivil 6ights $ct of /00/ provides for compensatory and punitive damages and'ury trials in cases involving intentional discrimination: requires employers todemonstrate that 'ob practices are 'ob)related and consistent with business necessity:e%tends coverage to +nited tates citi=ens working for $merican companies overseas.

+niformed ervices Employment and 6eemployment 6ights $ct of /007 protects

the employment rights of individuals who enter the military for short periods of service.

$ bona fide occupational qualification (>#?! permits discrimination where

employer)hiring preferences are a reasonable necessity for the normal operation of thebusiness. #reedom to e%ercise religious choice is guaranteed under the +..constitution. Title 4II of the 5ivil 6ights $ct also prohibits discrimination based onreligion in employment decisions, though it permits employer e%emptions. The act

defines religion to @include all aspects of religious observance and practice, as well asbelief.A

e%ual harassment and immigration reform and control are two areas ofparticular importance to managers. E%tensive efforts should be made by all

organi=ations to ensure that employees are free from all forms of se%ually harassingconduct. Illegal immigration has adversely affected welfare services and educationaland ocial ecurity benefits. In /0

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$dverse impact plays an important role in proving employment discrimination.$dverse impact means that an employerBs employment practices result in the

re'ection of a significantly higher percentage of members of minority and other

protected groups for some employment activity. The four)fifths rule is a guideline todetermine whether employment discrimination might e%ist. isparate treatment is asituation in which protected class members receive unequal treatment or are evaluatedby different standards.

The +nited tates court system continually interprets employment law, andmanagers must formulate organi=ational policy in response to court decisions.

4iolations of the law will invite discrimination charges from protected groups or self)initiated investigation from government agencies. Griggs v Duke Power,AlbermarlePaper Company v Moody, and ards Cove Packing Co! v Antonioprovided addedimportance to the Uniform Guidelines. Meritor Savings "ank v #inson$ %arris v &orkliftSystems 'nc!, and (A v %ardisonare instructive in the areas of se%ual harassment

and religious preference. Important cases in affirmative action include University ofCalifornia v "akke, United Steelworkers of America v eber, and 5ity of )ic*mond vCroson, andAdarand Constructors v Pena.

To ensure that organi=ations comply with antidiscrimination legislation, the EqualEmployment pportunity 5ommission (EE5! was established to monitor

employersB actions. Employers sub'ect to federal laws must maintain records andreport requested employment statistics where mandated. The Equal Employmentpportunity 5ommission maintains a complaint procedure for individuals who believethey have been discriminated against.

$ffirmative action goes beyond providing equal employment opportunity toemployees. $ffirmative action requires employers to become more proactive and

correct areas of past discrimination. This is accomplished by employing protectedclasses for 'obs where they are underrepresented. The employerBs goal is to have abalanced internal workforce representative of the employerBs relevant labor market. Inestablishing an affirmative action plan, employers must (/! provide an organi=ationalprofile that graphically illustrates their workforce demographics, (;! establish goals andtimetables for employment of underutili=ed protected classes, (2! develop actions andplans to reduce underutili=ation, including initiating proactive recruitment and selectionmethods, and (7! monitor progress of the entire affirmative action program.

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CCCCCCC 1. +nder Title 4II of the 5ivil 6ights $ct, employers are permittedlimited e%emptions from anti)discrimination employment

preferences based on aa. commercial code.b. past practice.c. common law.d. bona fide occupational qualification.

CCCCCCC 8. $ practice that is necessary to the safe and efficient operation ofthe organi=ation, interpreted by the courts is a defense based ona. religious preference.b. self)defense.c. business necessity.d. age discrimination.

CCCCCCC

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employee selection procedures in the areas of hiring, retention,promotion, transfer, demotion, dismissal, and referral is

a. affirmative action.b. employee leasing.c. +niform -uidelines.d. se%ual harassment rules.

CCCCCCC /2. Fhen using a test or other selection instrument to chooseindividuals for employment, employers must be able to provea. affirmative action.b. adverse impact.c. disparate treatment.d. validity.

CCCCCCC /7. #or an applicant or employee to pursue a discrimination casesuccessfully, the individual must establish that the employer3sselection procedures resulted in a(n!a. adverse impact on a protected class.b. undue process.c. affirmative action claim.d. violation of human rights.

CCCCCCC /. $s a rule of thumb to determine adverse impact in enforcementproceedings, the Equal Employment pportunity 5ommission hasadopted

a. affirmative action procedures.b. the four)fifths rule.c. minimal wage provisions.d. overtime provisions.

CCCCCCC /1. The act of purposeful discrimination by an employer is calleda. disparate treatment.b. adverse impact.c. antidiscrimination.d. bona fide occupational qualifications.

CCCCCCC /8. The type of analysis that will classify protected)class members bynumber and the type of 'ob they hold within the organi=ation isa. adverse impact.b. workforce utili=ation.c. business necessity.d. adverse treatment.

CCCCCCC /

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intentional, and employment practices must be 'ob)related ) wasa. *opwood verses tate of Te%as.b. $lbemarle &aper 5ompany verses Moody.

c. Fards 5ove &acking 5ompany verses $ntonio.d. -riggs verses uke &ower 5ompany.

CCCCCCC /0. The 5ourt held that a statistical disparity among protectedmembers of a workforce does not, in itself, show proof ofdiscrimination was decided in the case ofa. -riggs verses uke &ower 5ompany.b. $lbemarle &aper 5ompany verses Moody.c. Fards 5ove &acking 5ompany verses $ntonio.d. *opwood verses tate of Te%as.

CCCCCCC ;9. The commission that was created from Title 4II of the 5ivil 6ightslaw of /017 was thea. ecurity E%change 5ommission.b. #ederal Trade 5ommission.c. Equal Employment pportunity 5ommissiond. >usiness Hecessity 5ommission.

CCCCCCC ;/. The filing of a discrimination charge form initiates anadministrative procedure that can be lengthy, time)consuming,and costly for thea. employee.b. supervisor.

c. labor union.d. employer.

CCCCCCC ;;. The following are reasons why employers establish affirmativeaction programs, E/CEPT 0ORa. provide an organi=ational profile that graphically illustrates

their workforce demographics.b. establishing goals and timetables for employment of

underutili=ed protected classes.c. monitor progress of the entire affirmative action program.d. develop a reactive strategy for recruitment and selection.

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CCCCCCC ;2. The act of giving preference to members of protected classes tothe e%tent that unprotected individuals believe they are sufferingdiscrimination isa. reverse discrimination.b. 'ob analysis.c. 'ob evaluation.d. performance appraisal.

CCCCCCC ;7. ne of the most famous reverse discrimination cases isa. -riggs verses uke &ower 5ompany.b. +niversity of 5alifornia 6egents verses >akkec. Fards 5ove &acking 5ompany verses $ntonio.d. *opwood verses tate of Te%as.

CCCCCCC ;. Equal employment opportunity legislation requires managers toprovide the same opportunities toa. customers and suppliers.b. all 'ob applicants and employees regardless of ethnicity.c. business agents and labor unions.d. government agents and officials.

T"ue50a(e

Identify the following statements as True or #alse.

CCCCCCC /. Equal employment opportunity is a legal topic, however, it is notan emotional issue.

CCCCCCC ;. Equal employment opportunity as a national priority has emergedslowly in the +nited tates.

CCCCCCC 2. The change in government and societal attitudes towarddiscrimination was further prompted by decreased publicawareness of the economic imbalance between nonwhites andwhites.

CCCCCCC 7. ince as early as the nineteenth century, the public has not beeninformed or aware of discriminatory employment practices in the+nited tates.

CCCCCCC . Daws have been passed barring discrimination pertaining torecruitment, selection, performance appraisal, promotion, and

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compensation.

CCCCCCC 1. Employers violate the Equal &ay $ct when differences in wagespaid to men and women for equal work are based on senioritysystems, merit considerations, or incentive pay plans.

CCCCCCC 8. Employers may defend their employment practices by a defenseof bona fide occupational qualifications andor businessnecessity.

CCCCCCC

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CCCCCCC /1. $n alternative to population comparison rule, and oneincreasingly used in discrimination lawsuits, is to apply the

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Ma$ing

Match each term with the proper definition.

Te"m

a. adverse impact i. equal employment opportunityb. affirmative action '. fair employment practices (#E&s!c. bona fide occupational qualification k. four)fifths rule

(>#?! l. protected classesd. business necessity m. reasonable accommodatione charge form n. reverse discriminationf. disabled individual o. se%ual harassmentg. disparate treatment p. Uniform Guidelines on Employeeh. EE)/ report Selection Procedures

q. workforce utili=ation analysis

De8ini&i!n

CCCCCCC /. any person who has a physical or mental impairment that substantiallylimits such personBs ma'or life activities

CCCCCCC ;. act of giving preference to members of protected classes to the e%tentthat unprotected individuals believe they are suffering discrimination

CCCCCCC 2. the treatment of individuals in all aspects of employment ) hiring,promotion, training, etc. ) in a fair and nonbiased manner

CCCCCCC 7. individuals of a minority race, women, older persons, and those withdisabilities who are covered by federal laws on equal employmentopportunity

CCCCCCC . attempt by employers to ad'ust, without undue hardship, the workingconditions or schedules of employees with disabilities or religiouspreferences

CCCCCCC 1. state and local laws governing equal employment opportunity that areoften more comprehensive than federal laws

CCCCCCC 8. procedural document published in the #ederal 6egister to assistemployers in complying with federal regulations against discriminatoryactions

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A%%(i#a&i!n

CCCCCCC /. The case of seven women against $rrowhead >agel 5o. broughtwhat type of charges against managementJ

a. se%ual harassment and se%ual assault.b. punishment and discipline.c. suspension and termination.d. oral warning and punitive damage.

CCCCCCC ;. In the case of TF$ v *ardison, the upreme 5ourt ruled thatemployers need only make a reasonable accommodation for acurrent employee3s or 'ob applicant3sa. union affiliation.b. employment vesting.

c. religious observance.d. pension rights.

CCCCCCC 2. In a upreme 5ourt case, Toyota v Filliams the court ruled that ifphysical or mental impairments are correctable then they are notaa. competitive reaction.b. disability.c. mental impairment.d. physical disease.

CCCCCCC 7. -riggs v uke &ower 5o. was concerned with a minority meetingthe qualifications of a position of a coal handler and e%posedissues ofa. se%ual harassment.b. employment selection procedures.c. 'ob burnout.d. employment fatigue.

CCCCCCC . Fillie -riggs had applied for the position of coal handler with theuke &ower 5ompany. *is request for the position was deniedbecause he was not aa. college graduate for the position in question.b. member of a protected class.c. business agent representing the local union.d. high school graduate, a requirement for the position.

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H!9 &! P"!#ee+ 9i&$ a C$a"ge !8 Di#"imina&i!n Again& an Em%(!)e"

$ssume you are a minority student from a protected class. *ow could you charge anemployer with discrimination if you are a candidate and denied employment on a 'obthat has been advertisedJ

$n individual may take a discrimination charge against an employer to the regionaloffice of the Equal Employment pportunity 5ommission or take the charge to the tate*uman 6elations 5ommission.

$n individual can bring forth a charge of adverse impact against an employer. Thisconcept refers to the re'ection of a significantly higher percentage of a protected classfor employment, placement, or promotion when compared with the successful non)protected class of individuals. $n individual can charge an employer with disparate

treatment, which is a situation in which protected)class members receive unequaltreatment or evaluated by different standards.

Individuals can bring forth a charge of the violation of the four)fifths rule against anemployer, which is a rule of thumb followed by the Equal Employment pportunity5ommission in determining adverse impact for use in enforcement proceedings.

$ny evidence that an employer has a selection procedure that e%cludes members of aprotected class, whether intentional or not, constitutes adverse impact. *iringindividuals who must meet a minimum height or appearance standard (at the e%penseof protected class members! is evidence of such a restricted policy.

Individuals who believe they have been un'ustly re'ected for employment maydemonstrate disparate treatment through the Mconnell ouglas test.

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SOLUTIONS

Mu(&i%(e C$!i#e: T"ue50a(e: Ma$ing:

/. a /. #alse /. f ;. a ;. True ;. n2. c 2. #alse 2. i7. b 7. #alse 7. l. b . True . m1. d 1. #alse 1. '8. c 8. True 8. p

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//. In a $!&i(e enua( $a"amen&can occur when submission to or re'ection ofse%ual conduct is used as a basis for employment decisions.

/2. Employers are !8&en un#e"&ainabout the appropriateness of specific selectionprocedures, especially those related to testing and selection.

/. $dverse impact refers to the re'ection for employment, placement, or promotion ofa significantly $ig$e"percentage of a %"!&e#&e+ #(awhen compared with an!n%"!&e#&e+ #(a.

/1. $n alternative to 8!u"-8i8&$ "u(e, and one increasingly used in discriminationlawsuits, is to apply the &an+a"+ +e

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