Managing Strategic Human Resources Today Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-1 2

Learning Objectives (1) When you finish studying this chapter, you should be able to: 1.Summarize the basic equal employment opportunity laws regarding age, race, sex, national origin, religion, and handicap discrimination. 2.Explain the basic defenses against discrimination allegations. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-2

Learning Objectives (2) 3.Present a summary of what managers can and cannot do with respect to illegal recruitment, selection, and promotion and layoff practices. 4.Describe the Equal Employment Opportunity Commission enforcement process. 5.Explain important ways to manage diversity. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-3

Selected Equal Employment Opportunity Laws (1) Background Equal Pay Act of 1963 Title VII of The 1964 Civil Rights Act Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-4

Selected Equal Employment Opportunity Laws (2) Executive Orders Age Discrimination in Employment Act (ADEA) of 1967 Vocational Rehabilitation Act of 1973 Pregnancy Discrimination Act of 1978 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-5

Federal Agency Guidelines Uniform guidelines on employee selection procedures Selected court decisions regarding EEO Griggs vs.. Duke Power Company Albemarle Paper Company vs.. Moody Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-6

The Civil Rights Act of 1991 What is it? Who has the burden of proof? Money damages Mixed motives Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-7

Sexual Harassment Proving sexual harassment – Quid pro quo – Hostile environment created by supervisors – Hostile environment created by coworkers or non-employees – Sexual harassment court decisions Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-8

Sexual Harassment Causes What the manager/employer should do What the employee can do Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-9

The Americans with Disabilities Act What is the ADA? Reasonable accommodation The ADA in practice The “new” ADA Implications for managers and employers Accommodating disabled employees Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-10

Additional Laws Genetic information non-discrimination act of 2008 (GINA) The Federal employment non- discrimination act (ENDA) State and local equal employment opportunity laws Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-11

Defenses Against Discrimination Allegations Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-12

Defenses Against Discrimination Allegations (1) What is adverse impact? Disparate treatment, disparate impact, and adverse impact – Disparate rejection rates: ‘the 4/5 rule” – McDonnell-Douglas test – Workforce analysis Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-13

Defenses Against Discrimination Allegations (2) Bona Fide Occupational Qualification (BFOQ) Business necessity Retaliation Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-14

Illustrative Discriminatory Employment Practices Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-15

Illustrative Discriminatory Employment Practices What you can and cannot do Recruitment Misleading information Help wanted ads Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-16

Selection Standards (1) Educational requirements Tests Preference to relatives Height, weight Appearance Health questions Arrest records Application forms Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-17

Selection Standards (2) Promotion, Transfer, and Layoff Procedures Uniforms Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-18

The EEOC Enforcement Process Processing a charge File claim Voluntary mediation Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-19

Diversity Management and Affirmative Action Programs (1) Diversity’s potential pros and cons Some downsides – Stereotyping – Discrimination – Tokenism – Ethnocentrism – Gender-role stereotypes Some diversity benefits Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-20

Diversity Management and Affirmative Action Programs (2) Managing diversity Top–down programs “AGEM” Encouraging inclusiveness Boosting workforce diversity Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-21

Equal Employment Opportunity versus Affirmative Action Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-22

Steps in an Affirmative Action Program 1.Written policy 2.Top-management support 3.Publicize 4.Survey current minority and female employees 5.Analyze HR practices 6.Specific HR programs 7.Focused recruitment 8.Internal audit and reporting 9.Develop support Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-23

Equal Employment Opportunity Versus Affirmative Action Affirmative Action today Voluntary programs Ricci vs.. DeStefano Measuring diversity Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-24

Copyright Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall 2-25 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.