Equal Opportunity and the Law Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2 2-1

Learning Objectives 1.Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws. 2.Explain how to avoid and deal with accusations of sexual harassment at work. 3.Define adverse impact and explain how it is proved. 4.Explain and illustrate two defenses you can use in the event of discriminatory practice allegations. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-2

Learning Objectives 5.Cite specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits. 6.List the steps in the EEOC enforcement process. 7.Discuss why diversity management is important and how to institutionalize a diversity management program. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-3

The importance and basic features of Title VII of the 1964 Civil Rights Act and other equal employment laws Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-4

Equal Employment Opportunity 1964–1991 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-5

Title VII of the 1964 Civil Rights Act o Who Does Title VII Cover? o The EEOC Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-6

Executive Orders Signed into law by various presidents Affirmative Action Office of Federal Contract Compliance Programs (OFCCP) Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-7

Equal Pay Act of 1963 Unlawful to discriminate on basis of sex Jobs involve: o Equal work o Equivalent skills o Similar conditions Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-8

Age Discrimination in Employment Act of 1967 Under ADEA, no discrimination for those between 40 – 65 No slack for employer if fired employee replaced by one much younger Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-9

Vocational Rehabilitation Act of 1973 Federal contracts > $2,500. Affirmative Action Reasonable accommodations Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-10

Pregnancy Discrimination Act of 1978 Prohibits using pregnancy, childbirth, or related medical conditions to discriminate in: o hiring o promotion o suspension, or o discharge Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-11

Federal Agency Guidelines EEOC Civil Service Commission Department of Labor (DOL) Department of Justice (DOJ) Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-12

Early Court Decisions, Equal Employment Opportunity Griggs v. Duke power company Albemarle paper company v. Moody Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-13

Review Title VII of the 1964 Civil Rights Act Executive Orders The Equal Pay Act The Vocational Rehabilitation Act The Pregnancy Discrimination Act Federal agency guidelines Court decisions on equal employment Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-14

Equal Employment Opportunity 1990–91–present Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-15

The Civil Rights Act of 1991 Burden of proof Money damages Mixed motives Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-16

The Americans with Disabilities Act Mental impairments and the ADA Qualified individual Reasonable accommodation Traditional employer defenses The “new” ADA Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-17

Genetic Information Nondiscrimination Act of 2008 (GINA) Genetic information Employers Health insurers Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-18

State & Local EEO Laws State and local employment discrimination Coverage Employment opportunity agencies Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-19

Review Legal terminology The Civil Rights Act of 1991 Americans with Disabilities Act Genetic Information Nondiscrimination Act State and local EOO laws Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-20

Avoiding and dealing with accusations of sexual harassment at work Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-21

Sexual Harassment Affirmative action duty Federal Violence Against Women Act of 1994 What is sexual harassment Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-22

Sexual Harassment Proving sexual harassment When is the environment hostile? Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-23

Sexual Harassment Supreme Court decisions Implications When the law isn’t enough What the employee can do Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-24

Review Sexual harassment Affirmative Action duty Federal Violence Against Women Act 1994 Supreme Court decisions Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-25

Defenses against discrimination allegations Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-26

Defining and Proving Adverse Impact Disparate treatment Disparate impact Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-27

The Central Role of Adverse Impact Showing adverse impact o Disparate rejection rates o The Standard Deviation Rule o Restricted policy o Population comparisons o McDonnell-Douglas Test Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-28

Two Defenses Employers may Use in the Event of Discriminatory Practice Allegations. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-29

Bona Fide Occupational Qualification (BFOQ) Age Religion Gender National origin Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-30

Other Adverse Impact Issues Business Necessity Other considerations o Good intentions o Collective Bargaining Agreements (CBA) o Defense not only recourse Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-31

Review Disparate treatment and impact The Central Role of Adverse Impact Employer defenses Other Adverse Impact Issues Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-32

Specific discriminatory personnel management practices Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-33

Illustrative Discriminatory Employment Practices Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall What you can and cannot do Recruitment o Word-of-mouth o Misleading information o Help wanted ads 2-34

Illustrative Discriminatory Employment Practices Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall Examples of selection standards o Educational requirements o Tests o Physical characteristics o Arrest records o Application forms 2-35

Sample Discriminatory Promotion, Transfer and Layoff Practices Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall Personal appearance o Dress o Hair o Uniforms o Tattoos, body piercings Supervisor knowledge 2-36

Review Illustrative Discriminatory Employment Practices Examples of selection standards Sample Discriminatory Promotion, Transfer and Layoff Practices Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-37

The steps in the EEOC enforcement process Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-38

The EEOC Enforcement Process File charge Charge acceptance Serve notice Investigation Cause/no cause Conciliation Notice to sue Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-39

The EEOC Enforcement Process Voluntary mediation Mandatory arbitration of discrimination claims Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-40

Review The EEOC Enforcement Process o Seven-step process The EEOC Enforcement Process o Voluntary mediation o Mandatory arbitration of discrimination claims Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-41

Why diversity management is important and how to institutionalize a diversity management program Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-42

Diversity Management and Affirmative Action Programs Diversity pros and cons o Stereotyping o Discrimination o Tokenism o Ethnocentrism o Gender-role stereotypes Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-43

Diversity Management and Affirmative Action Programs Managing diversity Encouraging inclusiveness Multicultural consciousness Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-44

Diversity Management and Affirmative Action Programs EEO vs. Affirmative Action Implementing an Affirmative Action Program Reverse discrimination Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-45

Review Diversity management and Affirmative Action programs Diversity benefits Managing diversity EEO vs. Affirmative Action Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-46

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America. 2-47