1. 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.

2. 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

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. 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

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. Introduction Equal employment opportunity (EEO) Treatment of individuals in all aspects of employment— hiring, promotion, and training in a fair and nonbiased manner Equal employment opportunity commission (EEOC) Federal agency that enforces nation’s fair employment laws 4

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. Introduction Lack of awareness fair employment laws leads to: Risk of costly and time-consuming litigation Negative public attention Low sales and employee morale Damage an individual’s careers 5

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. Historical Perspective of EEO Legislation Factors that influenced growth of EEO legislation Changing attitudes toward employment discrimination Published reports on economic problems and injustices experienced by minority workers Growing body of disparate discrimination laws and regulations at different levels of government that legislators felt should be standardized 6

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. Changing National Values Beginning of civil rights movement in late 1950s and early 1960 saw public’s change in attitude toward discrimination Minorities conducted marches, sit-ins and rallies with public authorities to draw attention to low economic and occupational positions Civil rights and women’s movements received wide media coverage Employment Non-Discrimination Act extends federal employment discrimination protection to include sexual orientation and gender identity 7

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. Early Legal Developments Civil Rights Act, 1866 Permitted right to enjoy full and equal benefits of all laws, regardless of race Unemployment Relief Act, 1933 Prohibited employment discrimination based on race, color, or creed Executive Order 8802, 1941 Ensured every American citizen would be guaranteed equal employment opportunities for workers employed by firms awarded World War II defense contracts 8

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. Causes for Failure of Employment Discrimination Nondiscrimination laws failed to give enforcement powers to the agency charged with upholding the law Laws that were passed neglected to list specific discriminatory practices that needed to be corrected Employers covered by the acts were required only to comply voluntarily with the equal employment opportunity legislation 9

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. Figure 3.1 - Prohibited Discriminatory Employment Practices 10

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. Major Federal Laws Enacted to prevent discrimination against the protected classes Protected classes: Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity 11

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. Equal Pay Act of 1963 Illegal to discriminate against people in terms of pay, employee benefits, and pension earned based on gender, when equal work is done A company does not violate the Equal Pays Act if the difference in wages between the genders is due to: Seniority Merit considerations Worker’s quantity and quality of production If a disparity in pay exists, employers must raise the wages of the underpaid gender to comply with the laws Not lower the wages of the overpaid gender 12

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. Civil Rights Act of 1964 Addresses discrimination in society in general Title VII of the acct specifically bars employment discrimination in all HR activities and other conditions of employment Jurisdiction All private employers in interstate commerce who employ 15 or more employees for 20 or more weeks per year State and local governments and private and public employment agencies 13

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. Civil Rights Act of 1964 Joint labor-management committees that govern apprenticeship or training programs Labor unions having 15 or more members or employees Public and private educational institutions Foreign subsidiaries of U.S. organizations employing U.S. citizens 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 14

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. Civil Rights Act of 1964 Title VII of the Civil Rights Act Prohibits employment discrimination based on a person’s religion 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 15

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. Figure 3.2 - Major Laws Affecting Equal Employment Opportunity 16

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. Figure 3.4 - EEO Rules Applicable to Federal Contractors and Agencies 17

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. 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 18

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. Other Equal Employment Opportunity Issues - Sexual Harassment Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment Forms of sexual harassment illegal under ­Title VII Quid pro quo harassment Occurs when submission to or rejection of sexual conduct is used as a basis for employment decisions Involves a tangible or economic consequence such as demotion or loss of pay 19

20. 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. Other Equal Employment Opportunity Issues - Sexual Harassment Hostile environment Occurs when unwelcome sexual conduct has purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment 20

21. 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. Other Equal Employment Opportunity Issues - Sexual Orientation Executive Order 13087 bars discrimination against civilian employees of federal government based on their sexual orientation Homosexuals are protected by fair employment practice laws passed at state and local levels 21

22. 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. Other Equal Employment Opportunity Issues - 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 22

23. 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. Other Equal Employment Opportunity Issues - Immigration Reform and Control Act (IRCA) E-Verification system - Provides an automated link to federal databases to help employers determine: Legal eligibility of workers Validity of their Social Security numbers 23

24. 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. Actions for Employers to Comply with IRCA Have employees fill out their part of Form I-9 Check documents establishing an employee’s identity and eligibility to work Complete the employer’s section of Form I-9 Retain Form I-9 for at least three years Present Form I-9 for inspection to an Immigration and Naturalization Service officer or to a Department of Labor officer upon request 24

25. 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 25

26. 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 Help comply with requirements of federal laws prohibiting employment discrimination 26

27. 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 - Validity Employers must be able to prove that selection instrument used to choose individuals for employment, bears a direct relationship to job success Validation studies prove the relatedness of the test to the job under study 27

28. 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 and Disparate Treatment 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 Selection rate for any racial, ethnic, or sex class is less than four-fifths of the rate of the class with the highest selection rate Conduct standard deviation analysis of firm’s applicant data 28

29. 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 29

30. 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. Enforcing Equal Employment Opportunity Legislation Factors used to accomplish the goals of EEOC Issuing various employment guidelines and monitoring the employment practices of organizations Protecting employee rights through the investigation and prosecution of discrimination charges 30

31. 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 31

32. 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 Fines and imprisonment 32

33. 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 3.5 - Filing a Charge of Employment Discrimination 33

34. 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 and supervisors 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 34

35. 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. Preventing Discrimination Charges Done by having a comprehensive EEO policy Requirements of an antidiscrimination policy statement Must be inclusive Cover all applicable laws and EEOC guidelines Contain practical illustrations of specific inappropriate behavior 35

36. 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. Preventing Discrimination Charges Factors of comprehensive training program include: Prohibitions covered in the various EEO statutes and executive orders Guidance on how to respond to complaints of discrimination Procedures for investigating complaints Suggestions for remedying inappropriate behavior 36

37. 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 Regulations for employers to establish action plans Provide an organizational profile that graphically illustrates their workforce demographics Establish goals and timetables for employment of underutilized protected classes Develop actions and plans to reduce underutilization 37

38. 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 Monitor progress of the entire affirmative action program Chief diversity officer (CDO): Top executive responsible for the implementation of a firm’s diversity efforts Drawback of affirmative action program Reverse discrimination: Act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination 38

39. 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. Court Decisions Supreme Court ruled that: Applicants must be evaluated on an individual basis Race can be one factor used in evaluation process as long as other competitive factors are considered Supreme court did not endorse all voluntary affirmative action programs Encouraged programs that voluntarily implemented and designed to correct past racial or gender imbalances 39

40. 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 40

41. 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 3.6 - Steps to Leveraging Employee Differences 41