1. Chapter 18-1 Chapter 18 BUSINESS & SOCIETY Ethics and Stakeholder Management Carroll & Buchholtz 6e Business and Society: Ethics and Stakeholder Management, 6e Carroll & Buchholtz Copyright ©2006 by South-Western, a division of Thomson Learning. All rights reserved Prepared by Deborah Baker Texas Christian University  EMPLOYMENT DISCRIMINATION and AFFIRMATIVE ACTION

2. Chapter 18-2 1. Chronicle the U.S. civil rights movement and minority progress for the past 50 years. 2. Outline the essentials of the federal discrimination laws. 3. Provide two different meanings of discrimination and give examples of how each might be committed. 4. Elaborate on employment discrimination relating to race, color, national origin, sex, age, religion, and disability. 5. Identify the different postures with respect to affirmative action, explain the concept of reverse discrimination, and provide an overview of the Supreme Court’s decisions on affirmative action. Chapter 18 Outcomes

3. Chapter 18-3 Chapter 18 Outline  The Civil Rights Movement and Minority Progress  Federal Laws Prohibiting Discrimination  Expanded Meanings of Discrimination  Issues in Employment Discrimination  Affirmative Action in the Workplace  Summary

4. Chapter 18-4 Introduction to Chapter 18 The chapter addresses certain workplace rights:  Civil rights movement  Civil rights issues as those rights relate to employment  Federal discrimination laws  Affirmative action

5. Chapter 18-5 Civil Rights Movement The Civil Rights Movement of 1950s and1960s, the Women’s Movement of the 1970s, and groups seeking to remove other forms of discrimination have resulted in protected groups—stakeholders whose rights are protected by anti-discrimination laws. The 21 st century challenge for business will be to assimilate an increasingly diverse workforce while adopting a posture on affirmative action that does not cause resentful reactions on the part of the majority.

6. Chapter 18-6 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. Federal Anti-Discrimination Laws

7. Chapter 18-7 Federal Anti-Discrimination Laws  Five Commissioners  President appoints and Senate confirms  Purpose  Sets equal employment opportunity policy  Investigates employment discrimination complaints  Enforces anti-discrimination laws Equal Opportunity Commission (EEOC)

8. Chapter 18-8 Federal Anti-Discrimination Laws Discrimination Cases Filed with the EEOC

9. Chapter 18-9 Expanded Meanings of Discrimination Decision rules with a racial/sexual premise Intentional discrimination Prejudiced actions Unequal treatment Different standards for different groups Disparate Treatment Direct discrimination Decision rules with racial/sexual consequences Unintentional discrimination Neutral, color-blind actions Unequal consequences or results Same standards, different consequences for different groups Disparate Impact Indirect discrimination

10. Chapter 18-10 Two Nations of Black America Issues in Employment Discrimination In the aftermath of the Civil Rights Era, two African- America communities now exist side by side, an affluent, professional and well-educated middle class, and a large underclass with a disproportionate number in prison. https://implicit.harvard.edu/implicit @

11. Chapter 18-11 Two New Groups: Asians and Hispanics Issues in Employment Discrimination Hispanic population growth in the workforce is steadily rising. A strong work ethic is characteristic of the Hispanic population, but many are still working in low- wage jobs. Discrimination remains a critical problem. Asian American presence is also rising in the workforce, as is the problem of their being perceived as a “model minority.” However, one group is professional; the other group is low skilled and low paid.

12. Chapter 18-12 Major Issues for Women 1.Getting into professional and managerial positions and out of traditional female-dominated positions 2.Achieving pay commensurate with that of men 3.Eliminating sexual harassment  Quid pro quo  Hostile work environment 4.Being able to take maternity leave without losing jobs or job status Issues of Sex Discrimination

13. Chapter 18-13 Types of Sexual Harassment Quid Pro Quo Something is given or receivedfor something else. Hostile Work Environment The employee perceives a hostileor offensive work environment byvirtue of uninvited sexually orientedbehaviors or materials present in theworkplace.

14. Chapter 18-14 Circumstances  The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.  The harasser can be the victim’s supervisor, employer’s agent, a supervisor in another area, a coworker, or a nonemployee.  The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.  Unlawful sexual harassment may occur without economic injury to or discharge of the victim.  The harasser's conduct must be unwelcome. Sexual Harassment

15. Chapter 18-15 Examples of Sexual Harassment

16. Chapter 18-16 Title IX and Sexual Harassment Burden of Proof 1.The school must be aware of the sexual harassment. 2.The school must fail to take steps to stop it. 3.The harassment must deny access to an educational opportunity. 4.The harassment must take place in an educational setting.

17. Chapter 18-17  Maternity leave  Pregnancy Discrimination Act of 1978  Fetal protection policies  UAW v. Johnson Controls, Inc. Pregnancy Discrimination

18. Chapter 18-18 Other Forms of Discrimination Religious Discrimination Color Bias Sexual Orientation and Transgender Discrimination Age Discrimination

19. Chapter 18-19 Affirmative Action Postures Weak Strong Passive nondiscrimination Pure affirmative action Affirmative action with preferential hiring Hard quotas

20. Chapter 18-20  Preferential Treatment  Compensatory justice  Reverse discrimination  Minority opposition to affirmative action  Affirmative action and the courts  Strict scrutiny Compelling government interest Narrowly tailored to meet interest  Future of affirmative action Affirmative Action in the Workplace

21. Chapter 18-21  affirmative action  Age Discrimination in Employment Act (ADEA)  Americans with Disabilities Act (ADA)  bona fide occupational qualification  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  fetal protection policies  four-fifths rule  major life activities Selected Key Terms

22. Chapter 18-22 Selected Key Terms (continued)  preferential treatment  Pregnancy Discrimination Act of 1978  protected groups  reverse discrimination  sexual harassment  strict scrutiny  Title VII of the Civil Rights Act of 1964