1. PowerPoint Presentation by Charlie Cook The University of West Alabama 3 © 2010 South-Western, a part of Cengage Learning All rights reserved.

2. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–2 Explain the reasons behind passage of EEO legislation. Prepare an outline describing the major laws affecting equal employment opportunity. Describe bona fide occupational qualification and religious preference as EEO issues. Discuss sexual harassment and immigration reform and control as EEO concerns. Explain the use of the Uniform Guidelines on Employee Selection Procedures. Chapter Objectives After studying this chapter, you should be able to

3. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–3 Understand the concepts of adverse impact and disparate treatment. Understand EEOC record-keeping and posting requirements. Explain how EEO discrimination charges are processed. Describe affirmative action and the basic steps in developing an affirmative action program. Chapter Objectives (cont’d) After studying this chapter, you should be able to

4. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–4 Historical Perspective of EEO Legislation Equal Employment Opportunity (EEO)Equal Employment Opportunity (EEO)  The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner. Changing National ValuesChanging National Values Economic DisparityEconomic Disparity Early Legal DevelopmentsEarly Legal Developments  Civil Rights Act (1866)  Executive Order 8802  Civil Rights Act (1964)

5. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–5 The Legal Environment Concerns Fairness issues Economic disparity Changing material values Interest group agendas Political party mandates Loop-holes in current legislation Fairness issues Economic disparity Changing material values Interest group agendas Political party mandates Loop-holes in current legislation State Court System Federal Court System Passed by congress Passed by state legislature Presidential executive orders Passed by congress Passed by state legislature Presidential executive orders Type name here Type title here Federal agencies State agencies Independent commissions Federal agencies State agencies Independent commissions Rulings Written regulations Complaint investigations Technical assistance Lawsuits Rulings Written regulations Complaint investigations Technical assistance Lawsuits Planning compliance strategies Formulating appropriate HR policies Briefing and training employees and managers Defending lawsuits Working with government agencies lobbying for policy changes Planning compliance strategies Formulating appropriate HR policies Briefing and training employees and managers Defending lawsuits Working with government agencies lobbying for policy changes Opinions and Decisions Laws Agencies Management Responses Regulatory Action Regulatory Action Challenges to Laws

6. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–6 Government Regulation of EEO Protected ClassesProtected Classes  Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity

7. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–7 FIGURE 3.1 Major Laws Affecting Equal Employment Opportunity Equal Pay Act of 1963 Title VII of Civil Rights Act of 1964 (amended in 1972, 1991, and 1994) Age Discrimination in Employment Act of 1967 (amended in 1986 and 1990) Equal Employment Opportunity Act of 1972 Pregnancy Discrimination Act of 1978 Americans with Disabilities Act of 1990 Civil Rights Act of 1991 Uniformed Services Employment and Reemployment Rights Act of 1994

8. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–8 FIGURE 3.1 Major Laws Affecting Equal Employment Opportunity (cont’d) LAWPROVISIONS Equal Pay Act of 1963 Requires all employers covered by the Fair Labor Standards Act and others to provide equal pay for equal work, regardless of sex. Title VII of Civil Rights Act of 1964 (amended in 1972, 1991, and 1994) Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; created the Equal Employment Opportunity Commission (EEO) to enforce the provisions of Title II. Age Discrimination in Employment Act of 1967 (amended in 1986 and 1990) Prohibits private and public employers from discriminating against people age 40 or older in any area of employment because of age; exceptions are permitted when age is a bona fide occupational qualification. Equal Employment Opportunity Act of 1972 Amended Title VII of Civil Rights Act of 1964; strengthens EEO’s enforcement powers and extends coverage of Title VII to government employees, employees in higher education, and other employers and employees. Pregnancy Discrimination Act of 1978 Broadens the definition of sex discrimination to include pregnancy, childbirth, or related medical conditions; prohibits employers from discriminating against pregnant women in employment benefits if they are capable of performing their job duties.

9. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–9 FIGURE 3.1 Major Laws Affecting Equal Employment Opportunity (cont’d) LAWPROVISIONS Americans with Disabilities Act of 1990 Prohibits discrimination in employment against people with physical or mental disabilities or the chronically ill; enjoins employers to make reasonable accommodation to the employment needs of the disabled; covers employers with fifteen or more employees. Civil Rights Act of 1991 Provides for compensatory and punitive damages and jury trials in cases involving intentional discrimination; requires employers to demonstrate that job practices are job-related and consistent with business necessity; extends coverage to U.S. citizens working for U.S. companies overseas. Uniformed Services Employment and Reemployment Rights Act of 1994 Protects the employment rights of individuals who enter the military for short periods of service.

10. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–10 Section 703(a) of Title VII of the Civil Rights Act It shall be unlawful employment practice for an employer:It shall be unlawful employment practice for an employer: To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin....

11. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–11 Jurisdiction of the Civil Rights Act of 1964 1.All private employers in interstate commerce who employ fifteen or more employees for twenty or more weeks per year 2.State and local governments 3.Private and public employment agencies, including the U.S. Employment Service 4.Joint labor-management committees that govern apprenticeship or training programs 5.Labor unions having fifteen or more members or employees 6.Public and private educational institutions 7.Foreign subsidiaries of U.S. organizations employing U.S. citizens

12. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–12 Exemptions From Antidiscrimination Regulations Bona Fide Occupational Qualification (BFOQ)Bona Fide Occupational Qualification (BFOQ)  Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job. Business NecessityBusiness Necessity  Work-related practice that is necessary to the safe and efficient operation of an organization.

13. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–13 Religious Preference Title VII of the Civil Rights ActTitle VII of the Civil Rights Act  Prohibits discrimination based on religion in employment decisions, though it permits employer exemptions.  Defines religion to “include all aspects of religious observance and practice, as well as belief.”  Does not require employers to grant complete religious freedom in employment situations.  Requires that employers make a reasonable accommodation (at minimum cost) without incurring undue hardship in the conduct of the business.

14. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–14 Age Discrimination Actions Excluding older workers from important work activities.Excluding older workers from important work activities. Making negative changes in the performance evaluations of older employees.Making negative changes in the performance evaluations of older employees. Denying older employees job-related education, career development, or promotional opportunities.Denying older employees job-related education, career development, or promotional opportunities. Selecting younger job applicants over older, better- qualified candidates.Selecting younger job applicants over older, better- qualified candidates. Pressuring older employees into taking early retirement.Pressuring older employees into taking early retirement. Reducing the job duties and responsibilities of older employees.Reducing the job duties and responsibilities of older employees. Terminating older employees through downsizing.Terminating older employees through downsizing.

15. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–15 What Is a “Disability”? The Americans With Disabilities Act (ADA) defines a disability as:The Americans With Disabilities Act (ADA) defines a disability as:  A physical or mental impairment that substantially limits one or more of the major life activities.  A record of such impairment.  Being regarded as having such an impairment.

16. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–16 What Is a “Disability”? (cont’d) The ADA does not cover:The ADA does not cover: 1. Homosexuality or bisexuality 2. Gender-identity disorders not resulting from physical impairment or other sexual-behavior disorders 3. Compulsive gambling, kleptomania, or pyromania 4. Psychoactive substance-use disorders resulting from current illegal use of drugs 5. Current illegal use of drugs 6. Infectious or communicable diseases of public health significance (applied to food-handling jobs only and excluding AIDS)

17. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–17 FIGURE 3.2 ADA Suggestions for an Accessible Workplace Install easy-to-reach switches. Provide sloping sidewalks and entrances. Install wheelchair ramps. Reposition shelves for the easy reach of materials. Rearrange tables, chairs, vending machines, dispensers, and other furniture and fixtures. Widen doors and hallways. Add raised markings on control buttons. Provide designated accessible parking spaces. Install hand controls or manipulation devices. Provide flashing alarm lights. Remove turnstiles and revolving doors or provide alternative accessible paths. Install holding bars in toilet areas. Redesign toilet partitions to increase access space. Add paper cup dispensers at water fountains. Replace high-pile, low-density carpeting. Reposition telephones, water fountains, and other needed equipment. Add raised toilet seats. Provide a full-length bathroom mirror.

18. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–18 FIGURE 3.3 EEO Rules Applicable to Federal Contractors and Agencies LAW PROVISIONS Vocational Rehabilitation Act of 1973 (amended in 1974) Prohibits federal contractors from discriminating against disabled individuals in any program or activity receiving federal financial assistance; requires federal contractors to develop affirmative action plans to hire and promote disabled people. Executive Order 11246 (1965), as amended by Order 11375 (1966) Prohibits employment discrimination based on race, color, religion, sex, or national origin by government contractors with contracts exceeding $10,000; requires contractors employing fifty or more workers to develop affirmative action plans when government contracts exceed $50,000 per year. Executive Order 11478 (1969) Obligates the federal government to ensure that all personnel actions affecting applicants for employment be free from discrimination based on race, color, religion, sex, or national origin.

19. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–19 Fair Employment Practice Laws Fair Employment Practices (FEPs)Fair Employment Practices (FEPs)  State and local laws governing equal employment opportunity that are often more comprehensive than federal laws.  Although Title VII of the Civil Rights Act exempts employers with fewer than fifteen employees, many states extend antidiscrimination laws to smaller employers with one or more workers.

20. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–20 Sexual Harassment Sexual Harassment (under Title VII)Sexual Harassment (under Title VII)  Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment  An employer is considered guilty of sexual harassment when:  The employer knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action.  The employer allows nonemployees (customers or salespeople) to sexually harass employees.

21. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–21 Hostile Environment Quid Pro Quo Types of Sexual Harassment Submission Rejection Uncomfortable Subjective Response

22. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–22 Sexual Harassment Quid Pro Quo HarassmentQuid 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 a demotion or loss of pay.  Oncale v Sundowner Offshore Services (1998)  Same-sex sexual harassment (male-to-male, female-to- female) is covered under Title VII.

23. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–23 Sexual Harassment (cont’d) Hostile EnvironmentHostile Environment  Occurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.”  Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute sexual harassment when an employee finds them offensive.  Courts use a “reasonable person” test for hostile environment.

24. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–24 Sexual Orientation Title VII of the Civil Rights Act of 1964 lists “sex” (gender) as a protected class.Title VII of the Civil Rights Act of 1964 lists “sex” (gender) as a protected class.  Sexual orientation is not a valid defense against discrimination—gender applies to one’s sex at the time of birth and not to one’s sexual orientation.  No federal law bars discrimination based on sexual orientation, or transgender and transsexual individuals.  Companies—in support of their diversity initiatives— are fostering “gay-friendly” work places.  Of the nation’s top 500 companies, 70 percent now offer health benefits to same-sex couples.

25. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–25 Immigration Reform and Control Act (1986) Employers must comply with the Act by:Employers must comply with the Act by: 1. Having employees fill out their part of Form I-9. 2. Checking documents establishing an employee’s identity and eligibility to work. 3. Complete the employer’s section of Form I-9. 4. Retain Form I-9 for at least three years. 5. Present Form I-9 for inspection to an Immigration and Naturalization Service officer or to a Department of Labor officer upon request.

26. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–26 Uniform Guidelines on Employee Selection Procedures Uniform Guidelines on Employee Selection ProceduresUniform Guidelines on Employee Selection Procedures  Is a procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions.  Applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral.

27. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–27 Uniform Guidelines on Employee Selection Procedures Uniform Guidelines on Employee Selection Procedures define discrimination as:Uniform Guidelines on Employee Selection Procedures define discrimination as:  The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities of members of any race, sex, or ethnic group will be considered to be discriminatory and inconsistent with these guidelines, unless the procedure has been validated in accordance with these guidelines (or, certain other provisions are satisfied).

28. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–28 Validity The requirement that, when using a test or other selection instrument to choose individuals for employment, employers must be able to prove that the selection instrument bears a direct relationship to job success.The requirement that, when using a test or other selection instrument to choose individuals for employment, employers must be able to prove that the selection instrument bears a direct relationship to job success. Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study.Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study.

29. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–29 Forms of Discrimination Adverse ImpactAdverse Impact  The rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with a nonprotected class.  Possibly the unintentional result of an innocent act, yet the outcome is still discriminatory. Restricted Policy (Disparate Treatment)Restricted Policy (Disparate Treatment)  An employer’s intentional unequal treatment or evaluation by different standards of protected-class members.

30. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–30 Determining Discrimination Adverse Rejection Rate, or Four-Fifths RuleAdverse Rejection Rate, or Four-Fifths Rule  Rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings.  According to the Uniform Guidelines, a selection program has an adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (or 80 percent) of the rate of the class with the highest selection rate.  The four-fifths rule is not a legal definition of discrimination, rather it is used to monitor severe discrimination practices.

31. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–31 Griggs v Duke Power Company (1971) The Supreme Court ruled:The Supreme Court ruled: 1.Employer discrimination need not be overt or intentional to be present—employment practices having an adverse impact on protected classes are illegal even when applied equally to all employees. 2.Employers have the burden of proving that employment requirements are job-related or constitute a business necessity absolutely necessary for job success. Good intent, or absence of intent to discriminate, is not a sufficient defense of adverse impact.Good intent, or absence of intent to discriminate, is not a sufficient defense of adverse impact.

32. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–32 Determining Discrimination McDonnell Douglas TestMcDonnell Douglas Test  To establish a prima facie case of discrimination: 1.The person must be a member of a protected class. 2.The person must have applied for a job for which he or she was qualified. 3.The person must have been rejected, despite being qualified. 4.After rejection, the employer continued to seek other applicants with similar qualifications.  The burden of proof now shifts to the employer to prove that the action taken against the individual was not discriminatory.

33. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–33 Workforce Utilization Analysis Workforce Utilization AnalysisWorkforce Utilization Analysis  The process of comparing the composition by race and sex for jobs within an organization against composition of the employer’s relevant labor market.  The workforce is at parity when its composition matches the relevant labor market.  If the workforce composition is below external figures, the affected protected classes are underutilized and the employer should take affirmative steps to correct the imbalance.

34. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–34 The Equal Employment Opportunity Commission (EEOC) Composition of EEOCComposition of EEOC  Five members and a general counsel appointed by the president and confirmed by the Senate  Members serve staggered five-year terms  No more than three commission members from the same political party.  General counsel serves a four-year term. Purpose of EEOCPurpose of EEOC  Formulating EEO policy and approving all litigation involved in maintaining equal employment opportunity.

35. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–35 FIGURE 3.4 U.S. Equal Employment Opportunity Commission Case Figures, Fiscal Years 2001–2007 *The number for total charges reflects the number of individual charge filings. Because individuals often file charges under multiple bases, the number of total charges for any given fiscal year will be less than the total of the eight bases listed.

36. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–36 4 2007 EEO-1 Survey

37. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–37 5 EEOC Poster

38. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–38 FIGURE 3.5 Filing a Charge of Employment Discrimination

39. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–39 How to Achieve Fairness in EEO 1.Correct stereotyped thinking. 2.Eliminate irrelevant job requirements. 3.Open job and promotion opportunities to all protected classes. 4.Promote on the basis of merit rather than seniority. 5.Provide equal pay for equal work. 6.Modify employee benefits to needs of women, minorities, and working families. 7.Management training in EEO requirements.

40. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–40 6 EEOC Guidelines on Retaliation An employer may not fire, demote, harass, or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. In addition to the protections against retaliation that are included in all of the laws enforced by EEOC, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else’s exercise of rights granted by the ADA. There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. These three terms are described below.

41. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–41 6 EEOC Guidelines on Retaliation (cont’d) Adverse Action An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include: employment actions such as termination, refusal to hire, and denial of promotion, other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance. Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, “snubbing” a colleague, or negative comments that are justified by an employee’s poor work performance or history. Covered Individuals Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who engaged in such protected activity also are covered individuals.

42. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–42 6 EEOC Guidelines on Retaliation (cont’d) Opposition to a practice believed to be unlawful discrimination Opposition is informing an employer that you believe that he/she is engaging in prohibited discrimination. Opposition is protected from retaliation as long as it is based on a reasonable, good- faith belief that the complained of practice violates anti-discrimination law; and the manner of the opposition is reasonable. Examples of protected opposition include: Complaining to anyone about alleged discrimination against oneself or others; Threatening to file a charge of discrimination; Picketing in opposition to discrimination; or Refusing to obey an order reasonably believed to be discriminatory.

43. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–43 6 EEOC Guidelines on Retaliation (cont’d) Participation in an employment discrimination proceeding. Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid. Examples of participation include: Filing a charge of employment discrimination; Cooperating with an internal investigation of alleged discriminatory practices; or Serving as a witness in an EEO investigation or litigation. A protected activity can also include requesting a reasonable accommodation based on religion or disability.

44. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–44 Preventing Discrimination Charges A comprehensive EEO training program for managers and supervisors will include:A comprehensive EEO training program for managers and supervisors will include:  The prohibitions covered in the various EEO statutes  Guidance on how to respond to complaints of discrimination  Procedures for investigating complaints  Suggestions for remedying inappropriate behavior

45. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–45 Diversity Management: Affirmative Action Issues Affirmative ActionAffirmative Action  Policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct past discriminatory practices by increasing the numbers of minorities and women in specific positions Reverse DiscriminationReverse Discrimination  The act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination

46. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–46 Diversity Management: Affirmative Action Issues Establishing Affirmative Action ProgramsEstablishing Affirmative Action Programs 1. Provide an organizational profile that graphically illustrates their workforce demographics 2. Establish goals and timetables for employment of underutilized protected classes 3. Develop actions and plans to reduce underutilization, including initiating proactive recruitment and selection methods 4. Monitor progress of the entire affirmative action program

47. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–47 7 Basic Steps in Developing an Effective Affirmative Action Program 1.Issue a written equal employment opportunity policy and affirmative action commitment. 2.Appoint a top official with responsibility and authority to direct and implement the program. 3.Publicize the policy and affirmative action commitment. 4.Survey present minority and female employment by department and job classification. 5.Develop goals and timetables to improve utilization of minorities and women in each area where underutilization has been identified. 6.Develop and implement specific programs to achieve goals. 7.Establish an internal audit and reporting system to monitor and evaluate progress in each aspect of the program. 8.Develop supportive in-house and community programs.

48. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–48 Managing Diversity: Affirmative Action Challenges to Affirmative Action (AA):Challenges to Affirmative Action (AA):  AA has not improved protected groups employment.  Individuals hired under AA feel prejudged as inferior performers, and are often viewed as “tokens.”  AA programs have failed in assimilating protected classes into the workforce.  Preferences shown toward one protected class may create conflicts between other minority groups.

49. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–49 The Supreme Court and Affirmative Action Court Rulings on AA:Court Rulings on AA:  Race can be one factor in an evaluation process as long as other competitive factors are considered.  AA programs were not illegal per se as long as rigid quota systems were not established.  Voluntary AA programs are permissible where they attempt to eliminate past racial imbalances in traditionally segregated job categories.  AA programs are permissible if shown to promote “compelling” governmental interests in redressing past discrimination and not motivated by notions of racial inferiority or simple racial politics.

50. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–50 Affirmative Action Court Cases (cont’d) United Steelworkers of America v Weber (1974)United Steelworkers of America v Weber (1974)  The Supreme Court held that voluntary affirmative action programs are permissible where they attempt to eliminate racial imbalances in “traditionally segregated job categories.”  In Weber, the Court did not endorse all voluntary affirmative action programs.

51. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–51 Court Decisions on Affirmative Action Adarand Constructors v Peña (1995)Adarand Constructors v Peña (1995)  The Supreme Court ruled that federal programs that use race or ethnicity as a basis for decision making must be strictly scrutinized to ensure that they promote “compelling” governmental interests. Hopwood v State of Texas (1996)Hopwood v State of Texas (1996)  The Court ruled in a decision affecting admission standards at the University of Texas law school that diversity could not constitute a “compelling state interest” justifying racial preference in selection decisions.

52. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–52 Managing Diversity: Affirmative Action Grutter v BollingerGrutter v Bollinger  The Supreme Court held in that colleges and universities can consider an applicant’s race as a factor in admission decisions.  The decision upheld an admission policy at the University of Michigan Law School in which officials considered an applicant’s race along with other factors when making admission decisions.

53. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–53 adverse impact affirmative action bona fide occupational qualification (BFOQ) business necessity charge form disabled individual disparate treatment EEO-1 report equal employment opportunity fair employment practices (FEPs) four-fifths rule protected classes reasonable accommodation reverse discrimination sexual harassment Uniform Guidelines on Employee Selection Procedures workforce utilization analysis

54. © 2010 South-Western, a part of Cengage Learning. All rights reserved.3–54 Employers can determine adverse impact by using the method outlined in the interpretive manual for the Uniform Guidelines on Employee Selection Procedures. A.Calculate the rate of selection for each group (divide the number of people selected from a group by the number of total applicants from that group). B.Observe which group has the highest selection. C.Calculate the impact ratios by comparing the selection rate for each group with that of the highest group (divide the selection rate for a group by the selection rate for the highest group). D.Observe whether the selection rate for any group is substantially less (usually less than four-fifths, or 80 percent) than the selection rate for the highest group. If it is, adverse impact is indicated in most circumstances.