Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Learning Outcomes Prepare an outline describing the major equal employment opportunity (EEO) laws related to issues such as age, gender, religion, weight, and sexual orientation. Determine the employment practices they prohibit and the reason behind passage of EEO legislation. Describe what a bona fide occupational qualification is Explain how the Uniform Guidelines on Employee Selection Procedures were developed and how firms use them to ensure they are abiding by the law. Understand adverse impact and disparate treatment 2

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Learning Outcomes Understand EEOC record-keeping and posting requirements and describe how discrimination charges are processed by the EEOC Explain what affirmative action is and how companies today are seeing the value of voluntarily having diverse workforces 3

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Figure Major Laws Affecting Equal Employment Opportunity 4

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Figure Major Laws Affecting Equal Employment Opportunity 5

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Civil Rights Act of 1964 Bona Fide Occupational Qualification (BFOQ) Suitable defense against a discrimination charge only when age, religion, sex, or national origin is an actual qualification for performing the job Title VII of the Civil Rights Act Prohibits employment discrimination based on a person’s religion 6

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Civil Rights Act of 1964 Does not require employers to grant complete religious freedom in employment situations Requires employers make a reasonable accommodation without incurring undue hardship in conduct of the business 7

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Fair Employment Practices (FEPs) State and local laws governing equal employment opportunity that are more comprehensive than federal laws and apply to small employers Prohibits discrimination based on a person’s sexual orientation, physical appearance, marital status, arrest records, color blindness, or political affiliation Fair Employment Practice Agencies (FEPAs) - State and local agencies that enforce antidiscrimination laws 8

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Immigration Reform and Control Act (IRCA) Employers must comply with the requirements of Immigration Reform and Control Act (IRCA) Employers covered by law are prohibited from knowingly hiring or retaining unauthorized aliens on the job Employers with four or more employees are prohibited from discriminating in hiring or termination decisions based on nationality or citizenship 9

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Emerging Employment Discrimination Issues Weight discrimination Attractiveness and discrimination Caregivers and discrimination 10

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Uniform Guidelines on Employee Selection Procedures Procedural document published in the Federal Register to help employers comply with federal regulations against discriminatory actions Applies to employee selection procedures in: Hiring, retention, and referral Promotion and demotion Transfer and dismissal 11

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Uniform Guidelines on Employee Selection Procedures Help comply with requirements of federal laws prohibiting employment discrimination Employers must be able to prove that selection instrument used to choose individuals for employment, bears a direct relationship to job success 12

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Uniform Guidelines on Employee Selection Procedures Adverse impact Rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, nonprotected class Ways to show existence of adverse impact Adverse rejection rate or Four-fifths rule Conduct standard deviation analysis of firm’s applicant data 13

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Restricted Policy, Disparate Treatment, and Workforce Utilization Analysis Evidence that an employer has a selection procedure that excludes members of a protected class, whether intentional or not, constitutes adverse impact Restricted policy Situation in which protected class members receive unequal treatment or are evaluated by different standards Involves instances of purposeful discrimination Disparate treatment Process of classifying protected-class members by number and by the type of job they hold within the organization Workforce utilization analysis 14

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Equal Employment Opportunity Commission Formulate EEO policy and approve litigations involved in maintaining equal employment opportunity Encourage employees, who file a claim, to call on its toll-free number or fill out a questionnaire online Commission then begins process of evaluation to determine weather the complaint is covered by the laws it enforces 15

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Record-Keeping and Posting Requirements Organizations subject to Title VII are required to maintain employment records and reports Federal contractors and subcontractors have special EEO reporting requirements Failing to comply incur penalties 16

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Processing Discrimination Charges - Retaliation Managers cannot retaliate against individuals who invoke their legal rights to file charges or to support other employees during EEOC proceedings Title VII states that an employer may not discriminate against his employees because employee has: Opposed any unlawful employment practice Made a charge, testified, assisted or participated in an investigation, proceedings, or hearings under this Act Includes punitive action taken against employees who elect to exercise their legal rights before any EEO agency 17

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Affirmative Action and Diversity Management Affirmative action: Requires organizations to comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions Chief diversity officer (CDO): Top executive responsible for the implementation of a firm’s diversity efforts 18

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Beyond Affirmative Action: Leveraging Diversity Future of affirmative action rests in managers’ attitudes and voluntary actions to make workplace fairer and more competitive Diverse workforce enables a company to keep up with changes Steps toward leveraging people’s differences involve: Seeing Understanding Valuing 19

Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Figure Steps to Leveraging Employee Differences 20