1. WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

2. Diversity and Diversity Management
Diversity – any perceived difference among people: age, race, religion, functional specialty, profession, sexual orientation, geographic origin, lifestyle, tenure with the organization, or position, and any other perceived difference.

3. Diversity Management
Ensuring that factors are in place to provide for and encourage the continued development of a diverse workforce by melding these actual and perceived differences among workers to achieve maximum productivity

4. Managing the Diverse Workforce: Various Components
Persons with Disabilities
Immigrants
Young Persons with Limited Education/Skills
Educational Level of Employees
Single Parents & Working Mothers
Women in Business
Dual Career Families
Workers of Color
Older Workers

5. Equal Employment Opportunity: And Affirmative Action

6. Equal Employment Opportunity: An Overview
EEO has been modified since passage of the Civil Rights Act in 1964.
Congress has passed other legislation.
Major Supreme Court decisions interpreting the provisions were handed down.
Executive orders were signed into law.

7. U.S. Legal System Executive branch – President and regulatory agencies
Legislative branch – House of Representatives and Senate
Judicial branch – federal courts

8. Discrimination
Giving unfair advantage or disadvantage of members of one group over members of another group

9. Laws Affecting Equal Employment Opportunity

10. Civil Rights Act of 1866 Oldest federal legislation affecting staffing
Based on the Thirteenth Amendment
No statute of limitations
Employment is a contractual arrangement

11. Title VII of the Civil Rights Act of 1964 -- Amended 1972
Greatest impact on human resource management
Illegal for an employer to discriminate
Fifteen or more employees
Exceptions to Title VII
Persons not covered by Title VII
Created the Equal Employment Opportunity Commission (EEOC)

12. Illegal for an Employer to Discriminate
Race
Color
Sex
Religion
National origin

13. Exceptions to Title VII
Bona fide occupational qualifications (BFOQs)
Seniority and merit systems
Testing and educational requirements

14. Persons Not Covered by Title VII
Aliens not authorized to work in the United States
Members of the Communist party
Homosexuals

15. Sexual Harassment and Title VII
Quid pro quo – benefit or punishment is contingent on submitting to sexual advances
Hostile work environment – behavior in workplace makes it difficult for someone of a particular sex to work

16. Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986
Illegal to discriminate against anyone 40 years or older
Administered by EEOC
Pertains to employers who have 20 or more employees
Provides for a trial by jury
Possible criminal penalty
Older Workers Benefit Protection Act (OWBPA)

17. Pregnancy Discrimination Act of 1978
Amendment to Title VII of the Civil Rights Act
Pregnancy, childbirth, or related medical condition
Benefits area also covered

18. Immigration Act of 1990 Revised U.S. policy on legal immigration
Increased levels of immigration

19. Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Severe limitations for violation of visas
Three year ban
Ten year ban

20. Americans with Disabilities Act (ADA)
Prohibits discrimination against qualified individuals with disabilities
Prohibits discrimination in all employment practices

21. Individual with a Disability
A person who has, or is regarded as having, a physical or mental impairment
Substantially limits one or more major life activities
A record of such an impairment
Regarded as having such an impairment

22. Civil Rights Act of 1991
Provide appropriate remedies for intentional discrimination and unlawful harassment
Codify the concepts of business necessity and job related
Confirm authority and guidelines for finding of disparate impacts under Title VII
Respond to recent Supreme Court decisions

23. Types of discrimination and how to file suit
Disparate treatment – intentional
Plaintiff must show is member of protected group, applied for and qualified for job, rejected, position remained open or was filled by person with similar qualifications
Defendant must produce nondiscriminatory reason for rejection
BFOQ

24. Types of discrimination and how to file suit
Disparate impact – facially neutral device leads to unintended advantage for one group
Plaintiff must show questionable employment practice disproportionately affects protected group relative to majority group
4/5s rule – 80% selection rate
Standard deviation rule
Defendant must show employment practice is business necessity

25. Glass Ceiling
Invisible barrier in organizations that prevents many women and minorities from achieving top-level management positions

26. Family Medical Leave Act (1993)
Up to 12 weeks unpaid leave after
Birth or adoption of child
Care for seriously ill family member or self
50 or more employees
Provide same or similar job upon return
Paid health care during leave

27. Significant U.S. Supreme Court Decisions
Griggs v Duke Power Company – job-related business practice
Albermarle Paper Company v Moody – tests must be validated
Phillips v Martin Marietta Corporation – no women-only standards

28. Enforcement of EEO
EEOC
OFCCP

29. Equal Employment Opportunity Commission (EEOC)
Title VII of the Civil Rights Act, as amended, created the EEOC
3 responsibilities
Investigate and resolve
Gather information (EEO1- forms)
Issue guidelines

30. Steps in Handling a Discrimination Case
Charge Filed
Attempt at a No-Fault Settlement
Investigation by the EEOC
Attempt at Conciliation
Review Case for Litigation
Recommendation
Recommendation Against
Litigation – Right to Sue Notice Issued to Charging Party
Recommendation for
Litigation – EEOC Initiates Action

31. Exceptions to Title VII Coverage
Religious institutions, with respect to employment of persons of a specific religion in any of the institution’s activities
Aliens
Member of the Communist Party

32. Uniform Guidelines on Employee Selection Procedures
Assists employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on basis of race, color, religion, gender, and national origin.

33. Civil Service Commission
Adopted By
EEOC
Civil Service Commission
Department of Justice
Department of Labor

34. Additional Guidelines
Interpretative Guidelines on Sexual Harassment
Guidelines on Discrimination Because of National Origin
Guidelines on Discrimination Because of Religion

35. Affirmative Action Programs
An approach developed by organizations with government contracts to demonstrate that workers are employed in proportion to their representation in the firm's relevant labor market

36. Legal status of affirmative action
U.S. Forestworkers v. Weber
Voluntary plan must fix old patters of discrimination and be temporary
Johnson v. Santa Clara Transport Agency
Affirmative action plan should address “manifest imbalance” in employment practices
2003 Michigan State cases
Race may be used as admission consideration sometimes