equal employment opportunity kenneth m. york school of business administration oakland university

Equal Employment Opportunity

Kenneth M. York

School of Business Administration

Oakland University

ORG434: Advanced Human Resources Management

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EEO Laws and Guidelines

Selection and Performance Appraisal: Uniform Guidelines on Employee Selection

Procedures Principles for the Validation and Use of Personnel

Selection Procedures Standards for Educational and Psychological

Tests


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EEO Laws and Guidelines

Fair Employment Practices: Guidelines on Sexual Harassment Age Discrimination in Employment Act Americans with Disabilities Act

Worker Health and Safety: Occupational Safety and Health Act


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Uniform Guidelines (1978)

Civil Rights Act 1964 Equal Employment Opportunity Commission Civil Service Commission Department of Labor Department of Justice

Employers may use tests to select qualified employees consistent with …improving the quality of the workforce …reasonable expectations of proficiency in the

workforce


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Selection procedure that selects less than 80% of the minority applicants compared to the majority applicants has adverse impact If selection procedure has adverse impact, each

component must be shown to be valid Equal employment opportunity posture of the

company will be considered Employer may modify the procedure or validate


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Record keeping Applicant flow data not connected with names/ID Females/Males; Blacks, AmerIndians, Asians,

Hispanics, Whites Records safeguarded against misuse and

criterion contamination No records of adverse impact is presumption of

adverse impact


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Test Validation methods: Selection procedure is correlated with job

performance (Criterion-Related Validity) OR Content of selection procedure is representative

of the job (Content Validity) OR Traits/constructs are correlated to job

performance (Construct Validity) Don’t select for easily learned KSAs


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Can select for higher level job if regular progression If lack of validity study, must have:

Substantial evidence of validity AND Validity study in progress

Can use a non-validated procedure: If part of an affirmative action plan If validation study cannot be done because of small sample

size


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Use of other validity studies is OK when: There is clear evidence of validity Study followed the Uniform Guidelines Same job and similar workforce No adverse impact Description of important job behaviors and

criterion of job success


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Employment Agencies Must follow Guidelines Employer using agency must follow the

Guidelines Disparate Treatment

Procedure imposed unequally by race, sex, national origin

Adverse impact focuses on outcome; disparate treatment focuses on procedure


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Adverse Impact 4/5ths or 80% Rule

strongest test, based on outcome of selection procedure

Labormarket (or Hazelwood or Utilization) Analysis weaker test, based on workforce

Population Analysis weakest test, not job-specific


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Principles for Validation (1987)

Society for Industrial/Organizational Psychology (SIOP)

How to do validation studies: Criterion-Related Strategies Content-Related Strategies Construct-Related Strategies

Validity Generalization


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Standards for Tests (1974)

American Psychological Association How to write a test:

Manual Norms/Percentiles Reliability and Validity

Standards for use of tests


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Guidelines on Sexual Harassment (1980)

A kind of sex discrimination under Title VII Unwelcome sexual advances, requests for

sexual favors, and other verbal or physical conduct of a sexual nature Term or condition of employment Hostile work environment


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Guidelines on Sexual Harassment (1980)

Employer liability Supervisor is harasser: strict liability Coworker or nonemployee is harasser: limited

liability Affirmative action obligation to prevent sexual

harassment Third party sexual harassment


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Age Discrimination in Employment Act (1967)

Prohibits discrimination against people 40-69, unless employer can demonstrate that age is a BFOQ Michigan Elliott-Larsen Act has no age limits

Older workers can waive their rights to sue under ADEA in exchange for early retirement incentives

No mandatory retirement before age 70


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Age Discrimination in Employment Act (1967)

Reasonable factors other than age can be used to justify termination of a protected worker: Reduction in force Voluntary early retirement plans


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Americans with Disabilities Act (1990)

Most significant anti-discrimination law since Civil Rights Act of 1964

Goal is to integrate the disabled into the workforce and change focus of pre-employment inquiries to ability to do the job

Covers employment, transportation, public accommodation


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43 million American have some type of disability Job descriptions must be rewritten to identify

essential job duties and other job duties Can be actual disability or perceived to be a

disability by others Disability is a physical or mental impairment

that substantially limits one or more major life activities


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What is a qualified disability? Includes cerebral palsy, muscular dystrophy,

epilepsy, AIDS, successfully rehabilitated drug abuser

Not transvestites, homosexuals, emotional or sexual disorders, illegal drug abuser

Reasonable Accommodation and Undue Hardship

Costs and benefits


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Occupational Safety and Health Act (1970)

OSHA Acts created: Occupational Safety and Health Administration Occupational Safety and Health Review

Commission National Institute for Occupational Safety and

Health Some occupational hazards:

Violence in the workplace Sick buildings Carpel Tunnel Syndrome (RSI)


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Occupational Safety and Health Act (1970)

OSHA paperwork (keep 5 years) OSHA-300 (formerly OSHA-200) OSGA-301 (formerly OSHA-101) OSHA-102

OSHA consultation OSHA penalties Accident & Injury Prevention Approaches

Engineering approach Personnel approach Industrial-social approach Pseudoscientific approach

equal employment opportunity kenneth m. york school of business administration oakland university

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