equal employment opportunity1

8/14/2019 Equal Employment Opportunity1

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Equal EmploymentOpportunities


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Main Sources1. Reconstruction of Civil Rights Act

of 18662. Title VII of the Civil Rights Act of 1964

Prohibits discrimination

Led to creation of EEOC

For organizations of >15 employees

Affirmative Action?

Poorly defined discrimination


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Main Sources3. Executive Order 11246

4. Revised Order #4: Federalcontactors must

Conduct a utilization analysis

Establish goals

Devise a strategy for implementationof AAP5. Civil Rights Act of 1991


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Pre 1964

-Reconstruction Civil Rights Act

of 1866: all persons shall have

the same right to make and

enforce contracts as white

citizens

-burden of proof on individual to

prove disparate treatment

-no firm size limitations

1964 1988

-Civil Rights Act of 1964; Title VII

-Griggs vs. Duke Power 1971

landmark case proscribespractices fair in form but

discriminating in operation

(adverse impact)

-burden of proof on the employer

to prove job relatedness


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1989-1990

-Wards Cove and other

influential Supreme Court cases

-employee shows not onlyadverse impact, but also that the

procedure was not job related

-employer need not show job

relatedness

1991

-Civil Rights Act of 1991

-main purpose to overturn recentSupreme Court cases

-allows punitive damages

-burden of proof for job

relatedness goes back to the

employer


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2000

-Supreme Court 5-4 decision

overturned NJ Supreme Court

ruling against BSA anti-gay

membership

-allowed BSA to maintain

discriminatory policy

2003

-Grutter vs. Bollinger supports

reverse discrimination

-Gratz vs. Bollinger, University ofMichigan admittance program

struck down


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Main Sources

Fundamental purpose to restore "theright of employees to challengepractices that disproportionately excludewomen or minorities from America's

workplaces" (E. Kennedy)

Civil Rights Act of 1991 (contd)

Reverses parts of 89-90 decisions

Prohibits racial harassment


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Main Sources

Expands use of CRA 1866 Shifts burden of proof back to employer

Modifies burden of proof for plaintiff

Civil Rights Act of 1991 (contd)

Consent decrees cannot be challenged

Covers U.S. companies abroad

Established glass ceiling committee

Extends punitive damages


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Other Laws to Prevent

Discrimination

1. ADEA 1967

2. Veterans Reemployment Act 1967

3. EEO Act 1972

4. Vocational Rehabilitation Act 1973


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Other Laws to Prevent

Discrimination

5. Pregnancy Discrimination Act 1978

6. Immigration Reform and Control Act 1987

7. Americans with Disabilities Act 1990

8. Family and Medical Leave Act 1993


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Relevant Supreme Court

Cases

Wards Cove v. Antonio

1989 ruling increased plaintiffsburden of proof

1991 result only exception to the rule


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Cases

Patterson v. McClean

1989 ruling 1866 Act restricted

1991 result 1866 Act applies to other

conditions


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Cases

Price Waterhouse v. Hopkins

1989 ruling employers burden eased

1991 result eases plaintiffs burden


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Cases

Martin v. Wilkes

1989 ruling consent decree can bechallenged

1991 result limited legality of

challenging consentdecrees


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CasesAdarand Constructors v. Pena

1995 court race-consciousprograms can amount tounconstitutional reverse

discrimination


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CasesGrutter v Bollinger (2003)

- appeared to support Bakke and reverse discrimination

Gratz v Bollinger (2003)

- colleges and universities cannot use point systems that

blindly give extra credit to minority applicants


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DiscriminationTwo ways courts define discrimination:

1. Disparate (adverse) treatment

2. Disparate impact


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Tests for Discrimination1. 4/5ths or 80% rule

Disparate impactCompare selection rates

2. Geographical (population)comparisons

Disparate impact


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Tests for Discrimination

3. McDonnell Douglas Test

Disparate treatment

AQUA: Applied; Qualified;Unaccepted; Accepted; Other


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Providing a Response

1. BFOQ

2. Business necessity, job relatedness,validation tests

3. Seniority or merit systems in use


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What should an HR Managerdo?

According to a local labor-law attorney, "put

the organization in a 'posture' such that: 1.)suit is not brought against the organization;2.) if suit is brought, the organization candefend itself"


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What should an HR Managerdo?

Be aware of applicable state and

federal regulations

Conduct business in good faith

Consult the Uniform Guidelines onEmployee Selection Procedures

equal employment opportunity1

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