1. 1 Employment Discrimination and Affirmative Action Business and Society: Ethics and Stakeholder Management, 7e Carroll & Buchholtz Copyright ©2009 by South-Western, a division of Cengage Learning. All rights reserved Prepared by Deborah Baker Texas Christian University Chapter 19

2. 2 1. Chronicle the U.S. civil rights movement and minority progress for the past 50 years. 2. Outline the essentials of the federal discrimination laws. 3. Provide two different meanings of discrimination and give examples of how each might be committed. 4. Elaborate on employment discrimination relating to race, color, national origin, sex, age, religion, sexual orientation, and disability. 5. Identify different postures with respect to affirmative action, explain the concept of reverse discrimination, and provide an overview of the Supreme Court’s decisions on affirmative action. Chapter 19 Learning Outcomes

3. 3 Chapter 19 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  Key Terms  Discussion Questions

4. 4 Introduction to Chapter 19 The chapter addresses certain workplace rights:  Civil rights movement and minority progress  Federal discrimination laws  Affirmative action

5. 5 Civil Rights Movement The Civil Rights Act of 1964 was the effective beginning of the employee protection movement. The 1970s: The Women’s Movement The 1980s:Gains for women and blacks The 1990s:Some progress, but problems remained The 2000s:New challenges and old problems

6. 6 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 of 1990: 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. Federal Anti-Discrimination Laws

7. 7 Title VII of the Civil Rights Act of 1964  Hiring and firing  Compensation, assignment, or classification of employees  Transfer, promotion, layoff, or recall  Job advertisements  Recruitment  Testing  Use of company facilities  Training and apprenticeship programs  Fringe benefits  Pay, retirement plans, and disability leave  Other terms and conditions of employment It is illegal under Title VII to discriminate in:

8. 8 Americans with Disabilities Act  Has a physical or mental impairment that limits one or more major life activities,  Has a record of such an impairment, or  Is regarded as having such an impairment. An individual with a disability…  Accessible facilities  Job restructuring, work schedule modification, reassignment  Acquiring or modifying equipment or devices; making adjustments to examinations; providing training materials, readers, or interpreters Reasonable accommodation may include:

9. 9 Federal Anti-Discrimination Laws  Five Commissioners President appoints and Senate confirms  Purpose Makes equal employment opportunity policy Investigates employment discrimination complaints Enforces anti-discrimination laws Equal Opportunity Commission (EEOC)

10. 10 Disparate Treatment and Impact Disparate Treatment Using race, color, religion, sex, ornational origin as a basis fortreating people differentlyor unequally Disparate Impact Fewer minorities are included in theoutcome of testing, hiring, orpromotion practices than wouldbe expected by numerical proportion

11. 11 Employment Discrimination Decision rules with a racial /sexual premise Intentional discrimination Prejudiced actions Unequal treatment Different standards for different groups Disparate Treatment Direct discrimination Decision rules with racial / sexual consequences Unintentional discrimination Neutral, color-blind actions Unequal consequences or results Same standards, but different consequences for different groups Disparate Impact Indirect discrimination Figure 19-5

12. 12 Five Racial Categories Issues in Racial Discrimination 1.American Indian or Alaska native 2.Asian 3.Black or African American 4.Native Hawaiian or Other Pacific Islander 5.White https://implicit.harvard.edu/implicit @ One Ethnicity Category 1.Hispanic or Latino

13. 13 Issues in Racial Discrimination The Two Nations of Black America The Case of Hispanics Asian Image of Model Minority

14. 14 Major Issues for Women 1.Getting into professional and managerial positions and out of traditional female-dominated positions 2.Achieving pay commensurate with that of men 3.Eliminating sexual harassment Quid pro quo Hostile work environment 4.Being able to take maternity leave without losing jobs Issues of Sex Discrimination

15. 15 Possible Causes of Pay Discrepancy for Women  Lose time and experience through extended maternity leave  Leave the workplace for longer periods of time  Employed at lower paying jobs  Women’s hesitation to negotiate Socialized not to negotiate from a young age Rewards for men can result in penalties for women Pay Equity

16. 16 Sexual Harassment Unwelcome sexual advances, requests for sexual favors,and other verbal or physical conduct of a sexual naturewhen submission to or rejection of this conduct affectsan individual’s employment, interferes with an individual’swork performance, or creates an intimidating, hostile,or offensive work environment.

17. 17 Types of Sexual Harassment Quid Pro Quo Something is given or receivedfor something else. Hostile Work Environment The employee perceives a hostileor offensive work environment byvirtue of uninvited sexually orientedbehaviors or materials present in theworkplace.

18. 18 Circumstances  The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.  The harasser can be the victim’s supervisor, employer’s agent, a supervisor in another area, a coworker, or a nonemployee.  The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.  Unlawful sexual harassment may occur without economic injury to or discharge of the victim.  The harasser's conduct must be unwelcome. Sexual Harassment

19. 19 Examples of Sexual Harassment Complaints  Subjected to sexually suggestive remarks and propositions  Sent on unnecessary errands where men can stare  Subjected to sexual innuendo and joking  Touched by a boss while working  Co-workers “remarks” about a person sexually cooperating with the boss  Suggestive looks and gestures  Deliberate touching and “cornering”  Suggestive body movements  Sexually oriented materials around the office  Pornographic materials in work areas  Pressure for dates and sexual favors  Boss’s cruelty after sexual advances are resisted  A boss rubbing employee’s back while she is typing Figure 19-6

20. 20 Title IX and Sexual Harassment Burden of Proof 1.The school must be aware of the sexual harassment. 2.The school must fail to take steps to stop it. 3.The harassment must deny access to an educational opportunity. 4.The harassment must take place in an educational setting.

21. 21  Maternity leave  Family Responsibility Discrimination  Fetal protection policies  Wal-Mart civil rights class action Employment Discrimination

22. 22 Other Forms of Discrimination Religious Discrimination Color Bias Sexual Orientation and Transgender Discrimination Age Discrimination

23. 23 Affirmative Action Postures Weak Postures Strong Postures Passive nondiscrimination Pure affirmative action Affirmative action with preferential hiring Hard Quotas

24. 24  Preferential Treatment  Reverse discrimination  Minority opposition to affirmative action  The Adarand Decision and strict scrutiny 1.Meet a compelling government interest 2.Tailored narrowly to meet program or policy objectives  Future of affirmative action Affirmative Action in the Workplace

25. 25  Affirmative action  Age Discrimination in Employment Act (ADEA)  Americans with Disabilities Act (ADA)  Bona fide occupational qualification  Color bias  Comparable worth  Compensatory justice  Disparate impact  Disparate treatment  Equal Employment Opportunity Commission (EEOC)  Equal Pay Act of 1963  Essential functions  Fetal protection policies  Four-fifths rule  Hostile work environment  Major life activities  Preferential treatment  Pregnancy Discrimination Act of 1978  Protected groups  Quid pro quo  Reasonable accommodations  Reverse discrimination  Sexual harassment  Strict scrutiny  Title VII of the Civil Rights Act of 1964  Undue hardship Key Terms