18-11 Employment Discrimination and Affirmative Action
18-22 Chapter Eighteen Objectives Chronicle the civil rights movement Outline the federal discrimination laws Provide two different meanings of discrimination Elaborate on employment discrimination relating to race, color, national origin, sex, age, religion, and disability. Identify the different postures with respect to affirmative action, the concept of reverse discrimination, and an overview of the Supreme Court’s decisions
18-3 Chapter Eighteen Outline The Civil Rights Movement and Minority Progress Federal Laws Prohibiting Discrimination Expanded Meanings of Discrimination Issues in Employment Discrimination Affirmative Action in the Workplace Summary
18-4 Introduction to Chapter Eighteen The chapter addresses: Civil rights movement Civil rights issues as those rights relate to employment Federal discrimination laws Affirmative action
18-5 Civil Rights Movement The Civil Rights Movement of 1950s and 1960s, the Women’s Movement of the 1970s, and groups seeking to remove other forms of discrimi- nation have resulted in protected groups—stakeholders whose rights are protected by anti- discrimination laws. Minorities and women, older people, people with disabilities, gays and lesbians and others have received or still seek certain workplace rights that should be protected.
18-6 Federal Anti-Discrimination Laws Title VII of the Civil Rights Act of 1964: Prohibits discrimination in hiring and other aspects of employment on the basis of race, color, religion, sex, or national origin. Age Discrimination in Employment Act of 1967: Protects workers 40 years old and older from arbitrary age discrimination. Equal Pay Act of 1963: Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work. Rehabilitation Act of 1973, Section 503: Prohibits job discrimination on the basis of a handicap. Americans with Disabilities Act: Gives individuals with disabilities civil rights protections similar to those given to individuals on the basis of race, sex, national origin, and religion. Civil Rights Act of 1991: Provided increased financial damages and jury trials in cases of intentional discrimination.
18-7 Federal Anti-Discrimination Laws Equal Opportunity Commission Five Commissioners –President appoints and Senate confirms Purpose –Sets equal employment opportunity policy –Investigates employment discrimination complaints –Enforces anti-discrimination laws
18-8 Expanded Meanings of Discrimination Disparate Treatment Disparate Impact –Griggs v. Duke Power Company
18-9 Expanded Meanings of Discrimination TreatmentImpact Direct discriminationIndirect discrimination Rules with a discriminatory premise Unequal consequences or results Intentional discriminationUnintentional discrimination Prejudiced actionsNeutral, color-blind actions Varying standards for different groups Same standards, but different consequences for different groups
18-10 New Issues Impacting Employment Discrimination Two New Groups: Asians and Hispanics Hispanic population growth in the workforce is steadily rising—and their needs are different from African Americans. Asian American presence is also rising in the workforce, as is the problem of their being perceived as a “model minority.” Two Nations of Black America In the aftermath of the Civil Rights Era, two African-America communities now exist side by side, an affluent, professional, and well-educated middle class, and a large underclass with a disproportionate number in prison.
18-11 New Issues Impacting Employment Discrimination Hispanics Asians
18-12 New Issues Impacting Employment Discrimination Getting into professional and managerial positions and out of traditional female-dominated positions Achieving pay commensurate with men Eliminating sexual harassment –Quid pro quo –Hostile work environment Being able to take maternity leave without losing jobs or job status
18-13 New Issues Impacting Employment Discrimination
18-14 Sexual Harassment Sexual harassment has now broadened to include not only individuals of the opposite sex, but of the same sex, too. Allegations of sexual harassment against public figures in the political, military, and corporate spheres, continue to create new ethical and legal problems.
18-15 New Issues Impacting Employment Discrimination Suggested Sexual Harassment Guidelines Educate employees about prohibited conduct Reexamine, revise, and reissue written policy Make employees aware: redress procedures Introduce, or update training programs Make certain that environmental harassment is absent from the workplace Get input from female employees
18-16 New Issues Impacting Employment Discrimination Maternity leave –Pregnancy Discrimination Act Fetal protection policies –UAW v. Johnson Controls, Inc. Issues of age and religion –Age Discrimination Act
18-17 Affirmative Action Postures Passive nondiscrimination. 1. Passive nondiscrimination. A willingness in hiring, promotion, and pay decisions to treat the races and the sexes alike. Pure affirmative action. 2. Pure affirmative action. A concerted effort to enlarge the pool of applicants so that no one is excluded because of past or present discrimination. Affirmative action with preferential hiring. 3. Affirmative action with preferential hiring. A company systematically favors minorities and women in the actual decisions of enlarging its labor pool. Hard quotas. 4. Hard quotas. A company specifies numbers or proportions of minority group members that must be hired. Weak STRONG
18-18 Affirmative Action in the Workplace Preferential Treatment –Compensatory justice Reverse discrimination Minority opposition to affirmative action Affirmative action and the courts –Strict scrutiny Compelling government interest Narrowly tailored to meet interest Future of affirmative action
18-19 Affirmative action Age discrimination Americans with Disabilities Act (ADA) Bona fide occupational qualification Civil Rights Act of 1964 Civil Rights Act of 1991 Disparate treatment Disparate impact Equal Opportunity Commission (EEOC) Equal Pay Act Fetal protection Preferential treatment Protected groups Reverse discrimination Sexual harassment Title VII Selected Key Terms