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DeCenzo and Robbins HRM 7th Edition1 CHAPTER 3 Equal Employment Opportunity.

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Presentation on theme: "DeCenzo and Robbins HRM 7th Edition1 CHAPTER 3 Equal Employment Opportunity."— Presentation transcript:

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2 DeCenzo and Robbins HRM 7th Edition1 CHAPTER 3 Equal Employment Opportunity

3 DeCenzo and Robbins HRM 7th Edition2 CHAPTER 3 TOPICS: x 1: Civil Rights Act of 1964 x 2: Equal Employment Opportunity Act of 1972 x 3: Affirmative action x 4: Adverse impact, for example x 5: Americans with Disabilities Act of 1990 x 6: Family and Medical Leave Act of 1993 x 7: Discrimination charge defenses x 8: Griggs v. Duke Power x 9: Sexual harassment x10: Glass ceiling

4 DeCenzo and Robbins HRM 7th Edition3 1: CIVIL RIGHTS LEGISLATION z Civil Rights Act of 1866 z Civil Rights Act of 1964 yTitle VII yTitle IX

5 DeCenzo and Robbins HRM 7th Edition4 1: TITLE VII PROHIBITS DISCRIMINATION zIN yHiring yCompensation yTerms, conditions or privileges of employment zBASED ON yRace, religion, color, sex, national origin z25 OR MORE EMPLOYEES

6 DeCenzo and Robbins HRM 7th Edition5 2: EQUAL EMPLOYMENT OPPORTUNITY ACT z Title VII Amendments yEnforcement yInterpretation z EEOC created yProhibit discrimination yFile civil suit yCoverage expanded xState and local xEducational institutions xOver 15 employees

7 DeCenzo and Robbins HRM 7th Edition6 3: AFFIRMATIVE ACTION z Stipulated by Title VII z Preferential treatment to minority group members yRecruiting yHiring

8 DeCenzo and Robbins HRM 7th Edition7 3: REASONS FOR AFFIRMATIVE ACTION z Majority workers were white male z U.S. companies were growing z Correct past prejudice z Change had to have legal and social coercion

9 DeCenzo and Robbins HRM 7th Edition8 3: CURRENT AFFIRMATIVE ACTION zFair employment zGroups given preferential treatment zIndividual performance should determine employment actions zGoal: Equal employment opportunity for all individuals

10 DeCenzo and Robbins HRM 7th Edition9 4: HOW TO DETERMINE EEO? z Adverse impact yConsequence of practice z Disparate impact z Adverse treatment yTreatment of protected class z Disparate treatment

11 DeCenzo and Robbins HRM 7th Edition10 4: AGE DISCRIMINATION IN EMPLOYMENT ACT z1967 z40 or 60 or ??? zSave $$ zPunitive damages z20+ employees zGovernment, employment agencies, labor organizations

12 DeCenzo and Robbins HRM 7th Edition11 4: PREGNANCY DISCRIMINATION ACT z1978 zHire zInsure zFire zDepends on other benefits coverage

13 DeCenzo and Robbins HRM 7th Edition12 5: AMERICANS WITH DISABILITIES ACT z1990 zReasonable accommodation zReassignment z15 or more employees zPrivate and public

14 DeCenzo and Robbins HRM 7th Edition13 6: FAMILY AND MEDICAL LEAVE ACT z 1993 z Family matters y (childbirth, adoption, sick child) z 12 weeks unpaid z Health insurance z Come back to a job z Who is covered?

15 DeCenzo and Robbins HRM 7th Edition14 6: EXECUTIVE ORDERS zProtect federal workers against discrimination z11246 y1965 yRace, religion, color, national origin yOffice of Federal Contract Compliance Programs

16 DeCenzo and Robbins HRM 7th Edition15 6: MORE EXECUTIVE ORDERS z11375 ySex z11478 yPolitical affiliation yMarital status yPhysical disability

17 DeCenzo and Robbins HRM 7th Edition16 6: CIVIL RIGHTS ACT OF 1991 z Glass Ceiling Act z Punitive damages

18 DeCenzo and Robbins HRM 7th Edition17 7: DETERMINING DISCRIMINATION zAdverse impact on more than one individual zTests indicate risky/questionable practices

19 DeCenzo and Robbins HRM 7th Edition18 7: WAYS TO DETERMINE DISCRIMINATION z4/5ths rule zRestricted policy zGeographical comparison zMcDonnell-Douglas test

20 DeCenzo and Robbins HRM 7th Edition19 7: 4/5TH RULE zEEOC guideline zEach step of the selection process zMinority numbers must be 80% of majority numbers

21 DeCenzo and Robbins HRM 7th Edition20 7: RESTRICTED POLICY zThrough hiring practices yIntentional or not zA protected class zExcluded from consideration

22 DeCenzo and Robbins HRM 7th Edition21 7: GEOGRAPHICAL COMPARISON zQualified pool of applicants zMATCHED AGAINST zCharacteristics of employees

23 DeCenzo and Robbins HRM 7th Edition22 7: MCDONNELL-DOUGLAS TEST zMember of a protected group zQualified for job zRejected zEnterprise then continues to seek other applicants with similar qualifications

24 DeCenzo and Robbins HRM 7th Edition23 7: WHAT TO DO WHEN…. zEEO ALLEGES DISCRIMINATION yBusiness necessity yBonafide occupational qualification ySeniority

25 DeCenzo and Robbins HRM 7th Edition24 7: BUSINESS NECESSITY z Operate in a safe and efficient manner z Employees possess appropriate ySkills yKnowledge yAbilities

26 DeCenzo and Robbins HRM 7th Edition25 7: BFOQ zTitle VII exceptions ySex yAge yReligion zJob requirements Reasonably necessary to meet the normal operation of that business or enterprise

27 DeCenzo and Robbins HRM 7th Edition26 8: DISCRIMINATION CASES zGriggs v. Duke Power zAlbemarle Paper Company v. Moody zWards Cove Packing Company v. Antonio –See Exhibit 3-5

28 DeCenzo and Robbins HRM 7th Edition27 Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO

29 DeCenzo and Robbins HRM 7th Edition28 8: GRIGGS V. DUKE POWER zInterpretative guidelines for Title VII zEmployment testing zEmployers have burden of proof that tests provide a reasonable measure of job performance

30 DeCenzo and Robbins HRM 7th Edition29 8: ALBEMARLE PAPER COMPANY V. MOODY zUse and validate selection tests zTests not validated before use zTests used for hiring and promotion zSubjective supervisor ratings zValidating process

31 DeCenzo and Robbins HRM 7th Edition30 8: WARDS COVE PACKING COMPANY z Salmon cannery z Burden of proof shifted to employee

32 DeCenzo and Robbins HRM 7th Edition31 8: REVERSE DESCRIMINATION zAllen Bakke yUC Davis Medical School entrance ySeats could not be set aside zBrian Webber yKaiser Aluminum training program yEndorsed voluntary affirmative action

33 DeCenzo and Robbins HRM 7th Edition32 8: YOUR HR ISSUES ARE… zHRM practices may be challenged by anyone zSO…. yDefend yExplain zOR ELSE

34 DeCenzo and Robbins HRM 7th Edition33 9: ROLE OF EEOC zNotify organization of charge zNotify organization of findings zIf cause yInformal process yMediation meeting yEEOC may file charges in court

35 DeCenzo and Robbins HRM 7th Edition34 9: SEXUAL HARASSMENT z15,000 complaints a year zDefined yHostile environment yInterferes with work yAdversely affects employment opportunity

36 DeCenzo and Robbins HRM 7th Edition35 9: ROLE OF HRM IN SEXUAL HARASSMENT yIssue a policy yEstablish procedure yInform employees yTrain managers yInvestigate yCorrective action yFollow up yReview turnover yPrivacy- recognition

37 DeCenzo and Robbins HRM 7th Edition36 10: GLASS CEILING z Comparable worth z Invisible barrier to promotion yAudit compliance programs yTraining yOrganizational culture

38 DeCenzo and Robbins HRM 7th Edition37 QUICK: REVIEW CHAPTER 3 yANSWER THESE QUESTIONS ON A SHEET OF PAPER. x1. THE MOST IMPORTANT THING WE DID IN CLASS TODAY _______. x2. I STILL HAVE QUESTIONS ABOUT___. x3. THE BEST THING ABOUT CLASS TODAY WAS _______________. x4. DONT D0 ____________ ANYMORE. TURN THEM IN, PLEASE. NO NAMES. WELL TALK NEXT CLASS SESSION

39 DeCenzo and Robbins HRM 7th Edition38 PREVIEW: CHAPTER 4 zAsk 3 people you know: yDid you ever have to take a - xdrug test to get a job? xdrug test to keep a job? xpolygraph test to get a job? xpolygraph test to keep a job? yThen ask about EMPLOYEE RIGHTS. zWrite up their responses for 1 extra point on your final grade.

40 DeCenzo and Robbins HRM 7th Edition39 Exhibit 3-1: Summary of Laws Affecting Discrimination

41 DeCenzo and Robbins HRM 7th Edition40 Exhibit 3-2: Family and Medical Act

42 DeCenzo and Robbins HRM 7th Edition41 Exhibit 3-3: Employer Communications Requirements Under FMLA

43 DeCenzo and Robbins HRM 7th Edition42 Exhibit 3-4: Applying the 4/5ths Rule


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