1. © 2015 Cengage Learning

2. Chapter 19 Employment Discrimination and Affirmative Action
© 2015 Cengage Learning

3. Learning Outcomes
Chronicle the U.S. civil rights movement and minority progress for the past 50 years.
Outline the essentials of the federal discrimination laws.
Define disparate treatment and disparate impact, and give examples of how each.
Elaborate on issues in employment discrimination relating to race, color, national origin, sex, age, religion, sexual orientation, and disability.
Identify the different types of affirmative action and compare and contrast them to each other.
© 2015 Cengage Learning

4. Chapter Outline The Civil Rights Movement
Federal Laws Prohibiting Discrimination
Expanded Meanings of Employment Discrimination
Issues in Employment Discrimination
Affirmative Action in the Workplace
Summary
Key Terms
© 2015 Cengage Learning

5. Employment Discrimination & Affirmative Action
Federal Protection -
People are protected from discrimination based on race, color, religion, national origin, sex, age, or disability.
Several States & the District of Columbia –
People are protected from discrimination based on sexual orientation.
These “Protected” groups -
are not protected from job loss; young minority men bore a disproportionate burden of the layoffs in the most recent recession.
© 2015 Cengage Learning

6. The Civil Rights Movement
Rosa Parks, a black woman, refused to give up her bus seat to a white man, and was arrested.
Protests and boycotts over unequal treatment grew and continued, and were met with violence against the protestors.
The Civil Rights Act became law.
The 1970s - The Women’s Movement
The 1980s -Gains for women and blacks
The 1990s - Some progress, but problems remained
The 21st century - New challenges and old problems
© 2015 Cengage Learning

7. Federal Laws Prohibiting Discrimination
Title VII of the Civil Rights Act of 1964: Prohibits discrimination in hiring and other aspects of employment on the basis of race, color, religion, sex, or national origin.
Age Discrimination in Employment Act of 1967: Protects workers 40 years old and older from arbitrary age discrimination.
Equal Pay Act of 1963: Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work.
Rehabilitation Act of 1973, Section 503: Prohibits job discrimination on the basis of a handicap.
Americans with Disabilities Act of 1990: Gives individuals with disabilities civil rights protections similar to those given to individuals on the basis of race, sex, national origin, and religion.
Civil Rights Act of 1991: Provided increased financial damages and jury trials in cases of intentional discrimination.
© 2015 Cengage Learning

8. Title VII of the Civil Rights Act of 1964
Prohibits discrimination in all aspects of employment based on:
Race
Color
Religion
Sex
National origin
Pregnancy
Retaliation
© 2015 Cengage Learning

9. Age Discrimination in Employment Act
The ADEA protects workers 40 years old and older from discrimination in:
Hiring
Discharge
Pay
Promotions
Fringe benefits
Other aspects of employment
Does not apply where age is a bona fide occupational qualification (BFOQ)
When a younger age is necessary and related to the position.
© 2015 Cengage Learning

10. Equal Pay Act of 1963
Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work in the same establishment.
Ledbetter v. Goodyear Tire & Rubber Co., 2007, heard by the Supreme Court.
Lily Ledbetter was paid less than males for equal work, but did not discover it for several years; the Supreme Court ruled she should have filed suit within 180 days, the first payment date.
In 2009, The Lily Ledbetter Fair Pay Act changed the law, so that suit may be brought each time there is discrimination.
© 2015 Cengage Learning

11. Rehabilitation Act of 1973, § 503
Prohibits job discrimination on the basis of a disability.
Applies to employers who contract with the federal government.
Also requires these employers to engage in affirmative action to employ the disabled.
A related act, the Vietnam Era Veterans Readjustment Assistance Act of 1974, also prohibits discrimination on the basis of disability, and requires affirmative action.
The Rehabilitation Act of 1973 was the model for the Americans With Disabilities Act of 1990.
© 2015 Cengage Learning

12. Americans with Disabilities Act (ADA)
Prohibits discrimination based on physical or mental disabilities in private places of employment and in public accommodations; requires employers to make reasonable accommodations for such employees.
An individual is disabled under the Act if the person-
Has a physical or mental impairment that limits one or more major life activities.
Has a record of such an impairment.
Or, is regarded as having such an impairment.
Reasonable accommodations may include-
Making facilities accessible
Job restructuring, work schedule modification,
Acquiring or modifying equipment or devices; providing training materials, readers, or interpreters
© 2015 Cengage Learning

13. The Civil Rights Act of 1991
Provided increased financial damages and jury trials in cases of intentional discrimination based on race, religion, sex, disability and national origin.
Under the original Act, monetary awards were limited to back pay, lost benefits and attorneys fees and costs.
The 1991 Act permitted both compensatory and punitive damages.
In addition, the Act shifted the burden of proof back to the employer.
© 2015 Cengage Learning

14. The Equal Employment Opportunity Commission -
Is the major federal body created to administer and enforce U.S. job bias laws.
Investigates employment discrimination complaints.
Makes equal employment opportunity policy
Enforces anti-discrimination laws through conciliation or federal lawsuits against employers
© 2015 Cengage Learning

15. Expanded Meanings of Employment Discrimination
Disparate (unequal) treatment -
Intentionally using race, color, religion, sex, or national origin as a basis for treating people differently.
Disparate (adverse) impact -
An employer’s practice results in fewer minorities being included in the outcome of testing, hiring, or promotion practices than would be expected by numerical proportion.
Four-fifths rule -
If a member of a minority group does not have a success rate at least 80 percent that of the majority group, the practice may be considered to have an adverse impact.
© 2015 Cengage Learning

16. Two Kinds of Employment Discrimination
Decision rules with a racial/sexual premise or cause
Intentional discrimination
Prejudiced actions
Unequal treatment
Different standards for different groups
Disparate Treatment
Direct discrimination
Decision rules with racial/sexual consequences or results
Unintentional discrimination
Neutral, color-blind actions
Unequal consequences or results
Same standards, but different consequences for different groups
Disparate Impact
Indirect discrimination
© 2015 Cengage Learning

17. Issues in Employment Discrimination (1 of 3)
Inequality persists despite diversity efforts.
May not be caused by discrimination
Discrimination is different depending on race and ethnicity.
Our increasingly diverse society makes some people hard to categorize.
For example, there are many groups that make up Hispanics, though they have different ancestry.
Color bias is not the same as racial bias, though they overlap.
© 2015 Cengage Learning

18. Issues in Employment Discrimination (2 of 3)
Gender issues are different from those involving race, color and national origin. Major issues for women include:
Getting out of traditional “women’s” jobs, and into professional and managerial positions
Achieving pay commensurate with that of men
Eliminating sexual harassment
Being able to take maternity leave without losing their jobs.
© 2015 Cengage Learning

19. Issues in Employment Discrimination (3 of 3)
Other Forms of Employment Discrimination:
Religious discrimination -
A more diverse population brings to the workplace people with unfamiliar religions
Retaliation -
One who complains of discrimination against another and is retaliated against, may bring a complaint.
Sexual Orientation and Gender Identity Discrimination -
Corporations have been faster than governments in instituting protections for lesbian, bay, bisexual and transgender (LGBT) employees.
© 2015 Cengage Learning

20. Other Forms of Employment Discrimination
Religious Discrimination
Color Bias
Sexual Orientation and Transgender Discrimination
Age Discrimination
© 2015 Cengage Learning

21. Affirmative Action in the Workplace
Affirmative action is taking positive steps to hire and promote people from groups that have been affected by a legacy of discrimination.
Presidential Executive Order required federal contractors to employ affirmative action.
Controversy has led to claims of “reverse discrimination” by whites as victims of discrimination when minorities were hired.
© 2015 Cengage Learning

22. The Future of Affirmative Action
Buying power of minority groups is increasing rapidly.
Growing business interest in diversity programs and affirmative action.
Bottom-line considerations
Diversity practices remain potentially controversial.
© 2015 Cengage Learning

23. Key Terms Age Discrimination in Employment Act (ADEA)
Affirmative action
Americans with Disabilities Act (ADA)
Bona fide occupational qualification (BFOQ)
Civil Rights Act of 1991
Color bias
Comparable worth
Compensatory justice
Disparate impact
Disparate treatment
Equal Employment Opportunity Commission (EEOC)
Equal Pay Act of 1963
Essential functions
Fetal protection policies
Four-fifths rule
Hostile work environment
Major life activities
Preferential treatment
Pregnancy Discrimination Act of 1978
Protected groups
Quid pro quo
Reasonable accommodation
Reverse discrimination
Sexual harassment
Strict scrutiny
Title VII of the Civil Rights Act of 1964
Undue hardship
© 2015 Cengage Learning

24. Key Terms Age Discrimination in Employment Act (ADEA)
Affirmative action
Americans with Disabilities Act (ADA)
Bona fide occupational qualification (BFOQ)
Civil Rights Act of 1991
Color bias
Comparable worth
Compensatory justice
Disparate impact
Disparate treatment
Equal Employment Opportunity Commission (EEOC)
Equal Pay Act of 1963
Essential functions
Fetal protection policies
Four-fifths rule
Hostile work environment
Major life activities
Preferential treatment
Pregnancy Discrimination Act of 1978
Protected groups
Quid pro quo
Reasonable accommodation
Reverse discrimination
Sexual harassment
Strict scrutiny
Title VII of the Civil Rights Act of 1964
Undue hardship
© 2015 Cengage Learning