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Equal Employment Opportunity

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Presentation on theme: "Equal Employment Opportunity"— Presentation transcript:

1 Equal Employment Opportunity
CHAPTER 3 Equal Employment Opportunity DeCenzo and Robbins HRM 7th Edition

2 DeCenzo and Robbins HRM 7th Edition
CHAPTER 3 TOPICS: 1: Civil Rights Act of 1964 2: Equal Employment Opportunity Act of 1972 3: Affirmative action 4: Adverse impact, for example 5: Americans with Disabilities Act of 1990 6: Family and Medical Leave Act of 1993 7: Discrimination charge defenses 8: Griggs v. Duke Power 9: Sexual harassment 10: Glass ceiling DeCenzo and Robbins HRM 7th Edition

3 1: CIVIL RIGHTS LEGISLATION
Civil Rights Act of 1866 Civil Rights Act of 1964 Title VII Title IX DeCenzo and Robbins HRM 7th Edition

4 1: TITLE VII PROHIBITS DISCRIMINATION
Hiring Compensation Terms, conditions or privileges of employment BASED ON Race, religion, color, sex, national origin 25 OR MORE EMPLOYEES DeCenzo and Robbins HRM 7th Edition

5 2: EQUAL EMPLOYMENT OPPORTUNITY ACT
Title VII Amendments Enforcement Interpretation EEOC created Prohibit discrimination File civil suit Coverage expanded State and local Educational institutions Over 15 employees DeCenzo and Robbins HRM 7th Edition

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3: AFFIRMATIVE ACTION Stipulated by Title VII Preferential treatment to minority group members Recruiting Hiring DeCenzo and Robbins HRM 7th Edition

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

8 3: CURRENT AFFIRMATIVE ACTION
Fair employment Groups given preferential treatment Individual performance should determine employment actions Goal: Equal employment opportunity for all individuals DeCenzo and Robbins HRM 7th Edition

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4: HOW TO DETERMINE EEO? Adverse impact Consequence of practice Disparate impact Adverse treatment Treatment of protected class Disparate treatment DeCenzo and Robbins HRM 7th Edition

10 4: AGE DISCRIMINATION IN EMPLOYMENT ACT
1967 40 or 60 or ??? Save $$ Punitive damages 20+ employees Government, employment agencies, labor organizations DeCenzo and Robbins HRM 7th Edition

11 4: PREGNANCY DISCRIMINATION ACT
1978 Hire Insure Fire Depends on other benefits coverage DeCenzo and Robbins HRM 7th Edition

12 5: AMERICANS WITH DISABILITIES ACT
1990 Reasonable accommodation Reassignment 15 or more employees Private and public DeCenzo and Robbins HRM 7th Edition

13 6: FAMILY AND MEDICAL LEAVE ACT
1993 Family matters (childbirth, adoption, sick child) 12 weeks unpaid Health insurance Come back to a job Who is covered? DeCenzo and Robbins HRM 7th Edition

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6: EXECUTIVE ORDERS Protect federal workers against discrimination 11246 1965 Race, religion, color, national origin Office of Federal Contract Compliance Programs DeCenzo and Robbins HRM 7th Edition

15 6: MORE EXECUTIVE ORDERS
11375 Sex 11478 Political affiliation Marital status Physical disability DeCenzo and Robbins HRM 7th Edition

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

17 7: DETERMINING DISCRIMINATION
Adverse impact on more than one individual Tests indicate risky/questionable practices DeCenzo and Robbins HRM 7th Edition

18 7: WAYS TO DETERMINE DISCRIMINATION
4/5ths rule Restricted policy Geographical comparison McDonnell-Douglas test DeCenzo and Robbins HRM 7th Edition

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7: 4/5TH RULE EEOC guideline Each step of the selection process Minority numbers must be 80% of majority numbers DeCenzo and Robbins HRM 7th Edition

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7: RESTRICTED POLICY Through hiring practices Intentional or not A protected class Excluded from consideration DeCenzo and Robbins HRM 7th Edition

21 7: GEOGRAPHICAL COMPARISON
Qualified pool of applicants MATCHED AGAINST Characteristics of employees DeCenzo and Robbins HRM 7th Edition

22 7: MCDONNELL-DOUGLAS TEST
Member of a protected group Qualified for job Rejected Enterprise then continues to seek other applicants with similar qualifications DeCenzo and Robbins HRM 7th Edition

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7: WHAT TO DO WHEN…. EEO ALLEGES DISCRIMINATION Business necessity Bonafide occupational qualification Seniority DeCenzo and Robbins HRM 7th Edition

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7: BUSINESS NECESSITY Operate in a safe and efficient manner Employees possess appropriate Skills Knowledge Abilities DeCenzo and Robbins HRM 7th Edition

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7: BFOQ Title VII exceptions Sex Age Religion Job requirements “Reasonably necessary to meet the normal operation of that business or enterprise” DeCenzo and Robbins HRM 7th Edition

26 8: DISCRIMINATION CASES
Griggs v. Duke Power Albemarle Paper Company v. Moody Ward’s Cove Packing Company v. Antonio See Exhibit 3-5 DeCenzo and Robbins HRM 7th Edition

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

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8: GRIGGS V. DUKE POWER Interpretative guidelines for Title VII Employment testing Employers have burden of proof that tests provide a reasonable measure of job performance DeCenzo and Robbins HRM 7th Edition

29 8: ALBEMARLE PAPER COMPANY V. MOODY
Use and validate selection tests Tests not validated before use Tests used for hiring and promotion Subjective supervisor ratings Validating process DeCenzo and Robbins HRM 7th Edition

30 8: WARD’S COVE PACKING COMPANY
Salmon cannery Burden of proof shifted to employee DeCenzo and Robbins HRM 7th Edition

31 8: REVERSE DESCRIMINATION
Allen Bakke UC Davis Medical School entrance Seats could not be set aside Brian Webber Kaiser Aluminum training program Endorsed voluntary affirmative action DeCenzo and Robbins HRM 7th Edition

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8: YOUR HR ISSUES ARE… HRM practices may be challenged by anyone SO…. Defend Explain OR ELSE DeCenzo and Robbins HRM 7th Edition

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9: ROLE OF EEOC Notify organization of charge Notify organization of findings If cause Informal process Mediation meeting EEOC may file charges in court DeCenzo and Robbins HRM 7th Edition

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9: SEXUAL HARASSMENT 15,000 complaints a year Defined Hostile environment Interferes with work Adversely affects employment opportunity DeCenzo and Robbins HRM 7th Edition

35 9: ROLE OF HRM IN SEXUAL HARASSMENT
Issue a policy Establish procedure Inform employees Train managers Investigate Corrective action Follow up Review turnover Privacy- recognition DeCenzo and Robbins HRM 7th Edition

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10: GLASS CEILING Comparable worth Invisible barrier to promotion Audit compliance programs Training Organizational culture DeCenzo and Robbins HRM 7th Edition

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QUICK: REVIEW CHAPTER 3 ANSWER THESE QUESTIONS ON A SHEET OF PAPER. 1. THE MOST IMPORTANT THING WE DID IN CLASS TODAY _______. 2. I STILL HAVE QUESTIONS ABOUT___. 3. THE BEST THING ABOUT CLASS TODAY WAS _______________. 4. DON’T D0 ____________ ANYMORE. TURN THEM IN, PLEASE. NO NAMES. WE’LL TALK NEXT CLASS SESSION DeCenzo and Robbins HRM 7th Edition

38 DeCenzo and Robbins HRM 7th Edition
PREVIEW: CHAPTER 4 Ask 3 people you know: Did you ever have to take a - drug test to get a job? drug test to keep a job? polygraph test to get a job? polygraph test to keep a job? Then ask about EMPLOYEE RIGHTS. Write up their responses for 1 extra point on your final grade. DeCenzo and Robbins HRM 7th Edition

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

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

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

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


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