ch03-bahria
TRANSCRIPT
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Equal Opportunity Employment
Chapter 3
By
Noreen Saher
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Introduction
Government legislation
affects all HRM
functions
State and municipal
laws impact HRM, as
well as the Federal laws
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Laws Affecting Discriminatory
Practices
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Civil Rights Act of 1964
Title VII prohibits discrimination in:hiring
compensation
terms, conditions or privileges of employmentbased on:
race
religion
colorsex
national origin
Applies to any organization with 15 or more
employees.
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Civil Rights Act of 1964
Griggs v. Duke Power Company (1971)
demonstrated that selection criteria must be
directly relevant to the job.
Equal Employment Opportunity Act(1972) (EEOA)
Granted enforcement powers to the EEOC
Equal Employment Opportunity
Commission (EEOC)
The arm of the federal government empowered
to handle discrimination in employment cases
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Voluntary Action Plans by
Organisations
Affirmative ActionReflect the 1972 premise that white malesmade up the majority of workers
Companies in the 70s were still growing andcould accommodate more workers
Minorities should be hired to correct pastprejudice
Legal and social coercion were necessary to
bring about changeInvolves:
analyzing current work force demographics
establishing goals and timetables for correcting
imbalances
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Controversy and criticism of preferences inemployment for protected groups iscausing legislative bodies to take a secondlook at Affirmative Action.
Adverse (disparate) impactoccurs when there is a greater rejection rate inan occupation for a protectedgroup (thoseprotected under discrimination laws) than for
the majority group.
Adverse (disparate/unequal) treatmentoccurs when members of a protected group aretreated differently than other employees.
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Laws Affecting Discriminatory
Practices
Executive Order (E.O.) 11246
Prohibits discrimination on the basis of
religion, color, and national origin
Affects
Federal agencies
Those working under federal contracts
Executive Order (E.O.) 11375
Added sex-based discrimination
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Laws Affecting Discriminatory
Practices
Age Discrimination in
Employment Act of 1967
protects those 40 and older
eliminates mandatory
retirement and the arbitrary
replacement of older
workers with youngerworkers
provides for oversight in
pension and benefit issues
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Laws Affecting Discriminatory
Practices
Pregnancy Discrimination
Act of 1978
Employment decisions may not
be based on an individuals
pregnancy
Must treat pregnancy as any
other short-term disabilitySupplemented by various state
laws
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Laws Affecting Discriminatory
Practices
The Americans with
Disabilities Act of 1990 (ADA)
Extends protection ofVocational
Rehabilitation Act to most forms ofdisability status (including AIDS
and other contagious diseases).
Requires companies to make
reasonable accommodations forqualified applicants and
employees.
Covers private companies and all
public service organizations.
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Laws Affecting Discriminatory
Practices
The Family and Medical Leave Act of1993
Employees in organizations employing 50 ormore workers can take up to 12 weeks
unpaid leave each year forChildbirth
Adoption
Own illness or illness of a family member
Employees must meet eligibility requirementsto be covered.
Employers must meet certain communicationrequirements under the Act.
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Laws Affecting Discriminatory
Practices
Executive Order 11478
Amends E.O. 11246
Practices in the federal government
must be based on merit
Prohibits discrimination based on:
Political affiliation
Marital statusPhysical handicap
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Laws Affecting Discriminatory
Practices
Civil Rights Act of 1991Passed afterSupreme Court decisionsdiminished effect of Griggs decision.
Prohibits racial harassment
Returns burden of proof to employer
Reinforces illegality of making hiring, firing orpromotion decisions on basis of race, ethnicity,sex or religion
Permits women and religious minorities to seekpunitive (penalized /biased) damages inintentional discriminatory claims
Included the Glass Ceiling Act
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Guarding Against Discrimination
Practices
Determining Potential Discriminatory
Practices
The 4/5ths Rule
Restricted Policy
Geographical Comparisons
McDonnell-Douglas Test
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Guarding Against Discrimination
Practices
The 4/5ths Rule
Guideline established by EEOC Uniform
Guidelines on Employee Selection
Procedures.
Compares selection ratio for minority
applicants to that for majority applicants
If less than 4/5ths (80%), discriminationmay have occurred.
Applies to all steps in a selection
process.
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Guarding Against Discrimination
Practices
Restricted Policy
infractions occur when HRM activities
result in exclusion of a class of
individualsE.g., laying off employees over age 40 while
recruiting younger workers
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Guarding Against Discrimination
Practices
Geographical Comparisons
Characteristics of the qualified
pool of potential applicants
are compared to
characteristics of employees
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Guarding Against Discrimination
Practices
McDonnell-Douglas Test
Individual is member of a protected
group.
Individual is qualified for job.
Individual is rejected.
Organization continues to seek other
applicants with similar qualifications.
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Responding to an EEO Charge
Employers should discontinue
practices which cannot be defended.
Practice reinstated only after
Careful study
Practice is modified, if necessary
Three defenses:
Business necessity
Bona Fide occupations qualifications
Seniority System
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Responding to an EEO Charge
Business Necessity
the right to expect employees
to perform successfully
shown by demonstrating that
selection criteria are job-
related
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Responding to an EEO Charge
Bona Fide Occupational
Qualifications
Can be use whenjob requirements are
Reasonably necessary to meet thenormal operation of that business or
enterprise
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Responding to an EEO Charge
Seniority Systems
Decisions that adversely affect protected
group members may be permissible if:
Based on well-established and
consistently applied seniority systems
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Selected Relevant Supreme
Court Cases
Cases Concerning Discrimination
Cases Concerning Reverse Discrimination
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Selected Relevant Supreme
Court Cases
Cases concerning discrimination
Griggs v. Duke Power(1971): Tests
were illegal when they resulted in
adverse impact and were not job
related.
Albemarle Paper Company v. Moody
(1975): Clarified methods for using
and validating tests in selection
Wards Cove Packing Company v.
Atonio (1989): Statistics alone could
not support evidence of discrimination;
burden of proof shifted to the plaintiff.
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Selected Relevant Supreme
Court Cases
Cases concerning reversediscrimination
Bakke v. the Regents of the University
of California at Davis Medical School(1978): School could not set aside
seats for minorities.
United Steelworkers of America v.
Weber(1979): Court supported
companys voluntary affirmative action
training program for minorities.
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Selected Relevant Supreme
Court Cases
Firefighter Local 1784 v. Stotts(1984) & Wyant v. Jackson Board ofEducation (1986):
Affirmative action may not takeprecedence over a seniority system
Collective bargaining agreement givingpreferential treatment to minorities inlayoffs was illegal.
Johnson v. Santa Clara CountyTransportation (1987):
Preferential treatment based on AAgoals permitted if non-minorities
protected.
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Enforcing Equal Employment
Opportunity
Equal Employment
Opportunity Commission
Jurisdiction for Title VII and
other legislation that coverscharges of discrimination
based on race, color, sex,
national origin, age or
disability.
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Five Step Process to Pursue
Charges
1. EEOC notifies company within 10 days of
filing and begins investigation
2. EEOC notifies company of findings within
120 days3. If unfounded, process stops
If founded, EEOC tries to resolve
4. If unsuccessful, EEOC begins mediation(settlement meeting)
5. If unsuccessful, EEOC may file charges
in court
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Enforcing Equal Employment
Opportunity
Office of Federal Contract CompliancePrograms (OFCCP)
EnforcesExecutive Order 11246
Section 503 of Vocational Rehabilitation Act
Vietnam Veterans Readjustment Act of 1974.
Operates within U.S. Dept. of Labor.
Investigates discrimination complaints; process
similar to that of EEOC.Can cancel employers contract with federalgovernment
Applies to any organization with a federalcontract or acts as a subcontractor.
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HRM in a Global Environment
Laws affecting Human
Resource Management vary
greatly by country.
Canadian laws closely
parallel those in the U.S.
In Mexico, employees more
likely to be unionized.
Australias discrimination
laws not enacted until the
1980s
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Current Issues in Employment
Law
What is Sexual Harassment?Unwanted activity of a sexual nature thataffects an individuals employment
Prohibited under Title VII as sex discrimination
Sexual harassment can occur where:verbal or physical conduct toward anindividual:
(1) creates an intimidating, offensive, or hostile
environment
(2) unreasonably interferes with an individualswork
(3) adversely affects employees employment
opportunities.
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Current Issues in Employment
Law
Meritor Savings Bank v. Vinson SupremeCourt case: supported hostile
environment claims; identified employer
liability.
Harris v. Forklift Systems, Inc. Supreme
Court case: victims dont have to suffer
substantial mental distress.
1998 Supreme Court ruling indicated thatharassment can take place even if the
employee does not experience any
negative job repercussions.
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Current Issues in Employment
Law
Are Women Reaching the Top ofOrganizations?
Comparable worth - determining fair pay for both
female-oriented jobs and male-oriented jobs
based on comparable skill, effort, andresponsibility.
Glass ceiling - lack of women and minority
representation at the top levels of organizations.
OFCCP has glass ceiling initiative.Promotes career development
for women and minorities.
Looks for such in its audits.