Chapter #2 part 2 Equal Opportunity and the Law

State and Local EEO laws  State and local laws usually further restrict employer’s treatment of employees  Example  VII may cover firms with fewer than 15

Defenses against Discrimination Allegations  Disparate Treatment charge –Requires no more than a finding that men were INTENTIONALLY treated differently than women  Disparate Impact charge –This has greater impact effects more people –Regardless of INTENT –Resulted in adverse impact

Adverse Impact  Discrimination resulting in rejecting protected groups  Only Needs prima facie evidence  Burden of proof on er  How to show adverse impact –1. Disparate rejection rates (80% rule) –2. Restricted Policy (even unintentional) –3. Population Comparisons –4. McDonnell-Douglas Test

Bona Fide Occupational Qualifications  Courts interpret this exception narrowly –Age as BFOQ –Religion as BFOQ –Gender as BFOQ –National origin as BFOQ –Dress.. court rules for boss usually hair, piercings, uniforms.must respect gender

Business Necessity  Another defense  There is an overriding business purpose For discrimination  Good intent does not redeem procedures  That have no business necessity

Other Discriminatory recruitment practices  Word of mouth  Misleading information  Educational requirement  Tests  Height weight and physical characteristics  Arrest records  Application forms  Discharge due to garnishments

EEOC Enforcement Process  You have two years to file after incident  Usually referred to a state EEOC agency.  EEOC has ten days to serve notice to er  EEOC investigate for reasonable cause  If no cause it issues charging party right to sue with in 90 days  If cause is found than first conciliation, than  If it fails EEOC files civil suit

How should a HR Manager respond to a charge? eeoc.gov or look #46  Remember investigators are NOT judges  Meet with charging ee to clarify all relavent issues, witnesses ?,who was involved etc  Cooperate with fact finding conference  Make your own investigation  Make a position statement –We understand the charge and here are our discrimination policies…..

 Conciliation: complete relief to charging party  Voluntary mediation: third party assists  Mandatory arbitration: –Problem both side must agree on person –ADR programs, alternate dispute agreements  Rockwell employees must sign in order to participate in stock option plans

DIVERISTY PROGRAMS  Take steps to maximize diversity potential –Provide strong leadership –Assess your current state of ee ”mix” –Provide diversity training –Watch performance criteria –Attitude surveys

 Which of the following are NOT covered by ADA  A. SCHIZOPHRENIA  B. AIDS VICTIMS  C. HOMOSEXUALITY

r  McDonald Douglas test is  A. Based on populations comparisons  B. Demonstrates that certain groups are excluded  C. some are told the job is “closed” when it is not

c  Requirements that an ee be o a certain race e or gender  A. BFOQ  Restricted policy  Populations comparisons

 EEOC claims must be filed within  A. 10 days of incident  B. 30 days  C. 2 years

h  EEOC has the right to  A. Sue company  B. Investigate claim  C. Give lawyers right to sue

t  Affirmative action  A. Makes up for past discriminatory  B. May require written plans for action  C. Both above are correct

 Bakke v. The Regents of Calif was a case about  A. Testing  B. Age discrimination  C. Reverse discrimination