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Chapter Objectives
Describe the projected future diverse workforce. Describe diversity and diversity management. Identify the major laws affecting equal
employment opportunity. Identify some of the major Supreme Court
decisions that have had an impact on equal employment opportunity.
Explain adverse impact. Describe the Uniform Guidelines Explain affirmative action programs and how it
works.
The Workforce
FACTS By 2010 the workforce will increase to 158 million
from 141 million 4 out of 10 people entering the workforce between
1998 – 2008 will be member of a minority group By 2010 minority groups will account for the major
share of the workforce
Diversity in the Workforce
What will be key for companies?
Develop patience Open-mindedness Acceptance Cultural Awareness
Diversity and Diversity Management
Diversity: What does it mean?
Any perceived difference among people
Diversity Management: What does it mean?
Ensuring that the right systems are in place to promote diversity
Diversity Management INVOLVES
Creating a supportive culture where all employees can be effective.
Top management support diversity goals and include them in the business strategy
Fostering a culture that values individuals and their needs and contributions
Managing the Diverse Workforce:Various Components
Single Parents & Working Mothers
Women in Business
Dual Career Families
Workers of Color
Older Workers
Persons with Disabilities
Immigrants
Young Persons with Limited Education/Skills
Educational Level of Employees
Equal Employment Opportunity: An Overview
EEO has been modified since passage of the Civil Rights Act in 1964.
Congress has passed other legislation to strengthen EEO
Held employers accountable for taping the abilities of the underutilized workforce in the 1960s
EEO has become an integral part of the workplace
Title VII of the Civil Rights Act of 1964 -- Amended 1972 Greatest impact on human resource management Illegal for an employer to discriminate Fifteen or more employees Exceptions to Title VII (BFOQ) Persons not covered by Title VII Created the Equal Employment Opportunity Commission
(EEOC)
Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986
ADEA - Illegal to discriminate against anyone 40 years or 65 years
Pertains to employers who have 20 or more employees Provides for a trial by jury Possible criminal penalty and back wages
Rehabilitation Act of 1973
Prohibits discrimination against disabled workers Effect workers employed by government contractors,
subcontractors, and organizations Receive federal grants in excess of $2,500 Administered by OFCCP to make sure companies are
compliance
Pregnancy Discrimination Act of 1978
Pregnancy, childbirth, or related medical condition
Protection against being fired, refused a job or promotion
Entitled to benefits and sick leave
Immigration Act of 1990
Revised U.S. policy on legal immigration Established criminal and civil sanctions employers who
violated the act
Americans with Disabilities Act (ADA)
Prohibits discrimination against qualified individuals with disabilities
Prohibits discrimination in all employment practices: hiring, firing, job application process, advancement, compensation and training
Civil Rights Act of 1991
Provide appropriate remedies for intentional discrimination and unlawful harassment
Codify the concepts of business necessity and Bonda Fide Occupational Qualifications (BFOQ)
Confirm authority and guidelines for finding of adverse impacts under Title VII
Glass Ceiling Act: established a commission to study how companies fill management and decision-making positions
Executive Order 11246
Executive order (EO) - Directive issued by the President, having force and effect of laws enacted by Congress
Executive Order 11246 - Every executive department and agency that administers a program involving federal financial assistance must adhere to policy of nondiscrimination
Significant U.S. Supreme Court Decisions
Griggs v Duke Power Company
Phillips v Martin Marietta Corporation
University of California Regents v Bakke
Affirmative Action - 2003
Griggs v Duke Power Company
When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.
Phillips v Martin Marietta Corporation
Court ruled that the company had discriminated against a woman because she had young children.
Major implication – firm cannot impose standards for employment only on women
University of California Regents v Bakke
Reaffirmed that race may be taken into account in admission decisions
Affirmative Action - 2003
Grutter v Bollinger – colleges and universities have “compelling interest” in achieving diverse campuses
Gratz v Bollinger – in trying to achieve diversity, colleges and universities cannot use point systems that blindly give extra credit to minority applicants
Equal Employment Opportunity Commission (EEOC)
Title VII of the Civil Rights Act, as amended, created the EEOC
Filing a discrimination charge initiates EEOC action.
Charges must be filled within 180 days of alleged
act
Uniform Guidelines on Employee Selection Procedures
Provides a framework for making legal employment decisions about:
Hiring Promotion Demotion Referral Retention Use of testing Other selection procedures
Concept of Adverse Impact
Defined in terms of selection rates
Number of applicants hired or promoted
Total number of applicants
Occurs when women and minorities are not hired at Occurs when women and minorities are not hired at a rate of 80% of the best achieving groupa rate of 80% of the best achieving group
Concept of Adverse Impact
Two Avenues: Validate a selection device to show it is a predictor of
success
BFOQ – only one group is capable of performing the job
Discrimination Defined
Adverse Impact
Selection standards are applied
uniformly to all groups of applicants
Company PROVE: Business necessity BFOQ
Discrimination Defined
Adverse Treatment
Different standards applied to various
groups without intentional prejudice
Plaintiff They belong in a protected class They were qualified for the job Despite qualifications, they were
rejected After rejection the position
remained open
Affirmative Action Programs
Set of specific actions taken by an
Organization with government contracts to
proactively remove unintended barriers to achieve equal opportunity
EEO vs. AAP
Equal Employment OpportunityAims to ensure that anyone under the protected class has an equal chance for a job based on their qualifications.
Affirmative Action ProgramGoes beyond EEO by requiring employers to take action on eliminating barriers to hire and promote members of the protected Class.
Affirmative Action Programs
MANDATED BY OFCCP: Government contractor Lose a court discrimination case Signed a consent decree Voluntarily attempting to implement EEO principles
Affirmative Action Programs
The Process
Develop a written affirmative action program
File EEO-1
ID and analysis of problem areas