equal opportunity employment

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Chapter 3Equal Opportunity Employment

Fundamentals of Human Resource ManagementEighth Edition

DeCenzo and Robbins


Introduction

• Government legislation affects all HRM functions

• State and municipal laws impact HRM, as well as the Federal laws


Laws Affecting Discriminatory Practices

• Legislation prohibiting discrimination on the basis of race, sex, and national origin before the 1964 Civil Rights Act – Civil Rights Act of 1866

– Fourteenth Amendment to the Constitution


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.



• Griggs v. Duke Power Company (1971)– demonstrated that selection criteria must be

directly relevant to the job.

• Equal Employment Opportunity Act (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



• Affirmative Action– Reflect the 1972 premise that white males made

up the majority of workers– Companies in the 70’s 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) treatment– occurs when members of a protected group are

treated differently than other employees.



• 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



• 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



• Pregnancy Discrimination Act of 1978 – Employment decisions may

not be based on an individual’s pregnancy

– Must treat pregnancy as any other short-term disability

– Supplemented by various state laws



• 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.



• 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.



• 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



• 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 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



• 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.



• 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



• Geographical Comparisons

Characteristics of the qualified pool of potential applicants

are compared to

characteristics of employees



• 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



• Business Necessity– the right to expect

employees to perform successfully

– shown by demonstrating that selection criteria are job-related



• Bona Fide Occupational Qualifications– Can be use when job requirements are

“Reasonably necessary to meet the normal operation of that business or enterprise”

– Title VII exceptions• Sex• Age• Religion



• 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



• 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.



• 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 company’s voluntary affirmative action training program for minorities.



• 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

1. If unsuccessful, EEOC begins mediation (settlement meeting)

2. If unsuccessful, EEOC may file charges in court



• 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 employer’s 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.

• Australia’s 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 individual’s 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 individual’s

work– (3) adversely affects employee’s employment

opportunities.



• Meritor Savings Bank v. Vinson Supreme Court case: supported hostile environment claims; identified employer liability.

• Harris v. Forklift Systems, Inc. Supreme Court case: victims don’t 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.



• 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.

equal opportunity employment

Recruiting & HR

robbinscivil rights

discrimination laws

protected groups

majority group

national originaffectsfed

municipal laws impact

federal government

affirmative actionreflect