EEO and the Legal Environment of HR

Chapter 3 What is Equal Employment Oppy? EEO is legal protection against discrimination. Race Religion Age Sex National Origin Disability EEO is the right of all persons to advance on the basis of merit, ability, and potential. MAN 3301: Management of Human Resources

Chapter 3 What is Equal Employment Oppy? There are a number of laws that have been enacted to ensure a “level playing field.” The goal of Legislation is to push people together, the goal of Diversity Management is to draw people together. STICK vs. CARROT MAN 3301: Management of Human Resources

Chapter 3 What is Equal Employment Oppy? Laws you should know about: Civil Rights Act of 1964, Title VII Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 Pregnancy Discrimination of 1978 Civil Rights Act of 1991 American with Disabilities Act of 1990 Family Medical Leave Act of 1993 MAN 3301: Management of Human Resources

Chapter 3 What is Equal Employment Oppy? Disparate treatment v. Disparate impact – DT is intentional discrimination DI is when a policy has a greater negative impact Complainant must show adverse impact Griggs v. Duke Power (1971) – 401 US 424 Testing in and of itself is legal Arbitrary requirements are hard to defend What’s important is effect, NOT intent MAN 3301: Management of Human Resources

Chapter 3 What is Equal Employment Oppy? Adverse Impact – A substantially different rate of selection in employment decisions which works to the disadvantage of members of a protected class. 1.Calculate the rates of selection 2.Look for highest rate 3.Calculate impact ratios 4.Apply 4/5ths rule MAN 3301: Management of Human Resources

Chapter 3 What is Equal Employment Oppy? Laws you should know about: Civil Rights Act of 1964, Title VII Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 Pregnancy Discrimination of 1978 Civil Rights Act of 1991 American with Disabilities Act of 1990 Family Medical Leave Act of 1993 MAN 3301: Management of Human Resources

Chapter 3 What is Equal Employment Oppy? Presently Affirmative Action applies only to federal contractors and those employers under a court order. Executive Orders 11246, 11375, & Equal Employment Opportunity seeks to even the playing field, Affirmative Action seeks to make amends for past discrimination. MAN 3301: Management of Human Resources

Chapter 4 EEO Compliance All employers with 20+ employees must comply with EEO record-keeping requirements. Employers with 100+ employees must use the EEO-1 to do this. All covered employers must post EEOC-prepared Informational posters. MAN 3301: Management of Human Resources

Chapter 4 Sexual Harassment …is defined as, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: 1.Submission is a term of person’s employment; 2.Submission or rejection is the basis of employment decisions affecting the person; 3.Conduct creates a “hostile work environment.” MAN 3301: Management of Human Resources

Chapter 4 Sexual Harassment What should employers do: 1.Take all charges seriously! 2.Issue a strong policy against harassment. 3.Inform all employees about the policy. 4.Develop a complaint procedure. 5.Establish a mgt. response system. 6.Training MAN 3301: Management of Human Resources

Chapter 4 Sexual Harassment What should employers do: 7.Discipline anyone who does it. 8.Document, document, document! 9.Conduct exit interviews 10.Republish/Reinforce policy periodically 11.Encourage upward communication MAN 3301: Management of Human Resources

Chapter 4 Sexual Harassment What should the employee do: 1.Tell the harasser to end the unwanted behavior. 2.Write a letter to the accused & file a written complaint immediately. 3.If no change or response, file an EEOC charge. 4.If necessary, contact an attorney. MAN 3301: Management of Human Resources

Chapter 4 Comparable Worth & Equal Pay Comparable Worth – The idea that every job has a “worth” to the employer and society that can be measured and assigned a value. What is the best defense? MAN 3301: Management of Human Resources