Equal Opportunity Employment

Chapter 3

By

Noreen Saher

Introduction
Government legislation affects all HRM functions State and municipal laws impact HRM, as well as the Federal laws

Laws Affecting Discriminatory Practices

Civil Rights Act of 1964

Title VII prohibits discrimination in:
hiring compensation terms, conditions or privileges of employment

based on:
race religion color sex national origin

Applies to any organization with 15 or more employees.

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

Voluntary Action Plans by Organisations

Affirmative Action
Reflect the 1972 premise that white males made up the majority of workers Companies in the 70s were still growing and could accommodate more workers Minorities should be hired to correct past prejudice Legal and social coercion were necessary to bring about change

Involves:
analyzing current work force demographics establishing goals and timetables for correcting imbalances

Controversy and criticism of preferences in employment for protected groups is causing legislative bodies to take a second look at Affirmative Action. Adverse (disparate) impact
occurs when there is a greater rejection rate in an occupation for a protected group (those protected under discrimination laws) than for the majority group.

Adverse (disparate/unequal) treatment

occurs when members of a protected group are treated differently than other employees.

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

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 younger workers provides for oversight in pension and benefit issues

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 disability Supplemented by various state laws

Laws Affecting Discriminatory Practices

The Americans with Disabilities Act of 1990 (ADA)
Extends protection of Vocational Rehabilitation Act to most forms of disability status (including AIDS and other contagious diseases). Requires companies to make reasonable accommodations for qualified applicants and employees. Covers private companies and all public service organizations.

Laws Affecting Discriminatory Practices

The Family and Medical Leave Act of 1993
Employees in organizations employing 50 or more workers can take up to 12 weeks unpaid leave each year for
Childbirth Adoption Own illness or illness of a family member

Employees must meet eligibility requirements to be covered. Employers must meet certain communication requirements under the Act.

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 status Physical handicap

Laws Affecting Discriminatory Practices

Civil Rights Act of 1991
Passed after Supreme Court decisions diminished effect of Griggs decision. Prohibits racial harassment Returns burden of proof to employer Reinforces illegality of making hiring, firing or promotion decisions on basis of race, ethnicity, sex or religion Permits women and religious minorities to seek punitive (penalized /biased) damages in intentional discriminatory claims Included the Glass Ceiling Act

Guarding Against Discrimination Practices

Determining Potential Discriminatory Practices
The 4/5ths Rule Restricted Policy Geographical Comparisons McDonnell-Douglas Test

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%), discrimination may have occurred. Applies to all steps in a selection process.

Guarding Against Discrimination Practices

Restricted Policy
infractions occur when HRM activities result in exclusion of a class of individuals
E.g., laying off employees over age 40 while recruiting younger workers

Guarding Against Discrimination Practices

Geographical Comparisons
Characteristics of the qualified pool of potential applicants are compared to characteristics of employees

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.

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

Responding to an EEO Charge

Business Necessity
the right to expect employees to perform successfully shown by demonstrating that selection criteria are jobrelated

Responding to an EEO Charge

Bona Fide Occupational Qualifications
Can be use when job requirements are Reasonably necessary to meet the normal operation of that business or enterprise

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

Selected Relevant Supreme Court Cases

Cases Concerning Discrimination Cases Concerning Reverse Discrimination

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.

Selected Relevant Supreme Court Cases

Cases concerning reverse discrimination
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.

Selected Relevant Supreme Court Cases

Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986):
Affirmative action may not take precedence over a seniority system Collective bargaining agreement giving preferential treatment to minorities in layoffs was illegal.

Johnson v. Santa Clara County Transportation (1987):

Preferential treatment based on AA goals permitted if non-minorities protected.

Enforcing Equal Employment Opportunity

Equal Employment Opportunity Commission
Jurisdiction for Title VII and other legislation that covers charges of discrimination based on race, color, sex, national origin, age or disability.

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 days 3. 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

Enforcing Equal Employment Opportunity

Office of Federal Contract Compliance Programs (OFCCP)
Enforces
Executive 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 federal government Applies to any organization with a federal contract or acts as a subcontractor.

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

Current Issues in Employment Law

What is Sexual Harassment?
Unwanted activity of a sexual nature that affects an individuals employment Prohibited under Title VII as sex discrimination

Sexual harassment can occur where: verbal or physical conduct toward an individual:
(1) creates an intimidating, offensive, or hostile environment (2) unreasonably interferes with an individuals work (3) adversely affects employees employment opportunities.

Current Issues in Employment Law

Meritor Savings Bank v. Vinson Supreme Court 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 that harassment can take place even if the employee does not experience any negative job repercussions.

Current Issues in Employment Law

Are Women Reaching the Top of Organizations?
Comparable worth - determining fair pay for both female-oriented jobs and male-oriented jobs based on comparable skill, effort, and responsibility. 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.