2 Chapter Objectives Learn about major laws affecting equal employment opportunity. Learn about court decisions that have had an impact on equal employment opportunity. Discuss the Uniform Guidelines Explain adverse impact.
4 Equal Employment Opportunity(EEO) An Overview EEO has been modified since passage of the Civil Rights Act in 1964. Congress has passed other legislation to strengthen EEO Held employers accountable for taping the abilities of the underutilized workforce in the 1960s EEO has become an integral part of the workplace
5 Title VII of the Civil Rights Act of 1964 -- Amended 1972 Greatest impact on human resource management Illegal for an employer to discriminate Fifteen or more employees Created the Equal Employment Opportunity Commission (EEOC)
6 Illegal for an Employer to Discriminate Age Disability Equal Compensation National origin Pregnancy Race Sex Religion Retaliation Sexual Harassment
7 Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986 ADEA - Illegal to discriminate against anyone 40 years or older Pertains to employers who have 20 or more employees Provides for a trial by jury Possible criminal penalty and back wages
8 Civil Rights Act of 1991 Provide appropriate remedies for intentional discrimination and unlawful harassment Codify the concepts of business necessity and Bonda Fide Occupational Qualifications (BFOQ) Confirm authority and guidelines for finding of adverse impacts under Title VII Glass Ceiling Act: established a commission to study how companies fill management and decision-making positions
9 Pregnancy Discrimination Act of 1978 Pregnancy, childbirth, or related medical condition Protection against being fired, refused a job or promotion Entitled to benefits and sick leave
10 Americans with Disabilities Act (ADA) Prohibits discrimination against qualified individuals with disabilities Prohibits discrimination in all employment practices: hiring, firing, job application process, advancement, compensation and training 15 or more employees
11 Individual with a Disability A person who has, or is regarded as having, a physical or mental impairment Substantially limits one or more major life activities A record of such an impairment Regarded as having such an impairment
12 Interpretative Guidelines on Sexual Harassment Where a hostile work environment is created When there is a quid pro quo situation Example: Offer for promotion or pay raise in exchange for sex Employers are liable for employees and non-employees Key: Develop programs, communicate policy, develop procedures and investigate-take appropriate action
13 EEOC Definition of Sexual Harassment When submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment When submission to or rejection of such conduct by an individual is used as basis for employment decisions affecting such individual When such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that occur under any of the following situations:
14 Guidelines on Discrimination Because of National Origin Discrimination on basis of national origin as denial of equal employment opportunity because of: Individual’s ancestors or place of birth Individual has the physical, cultural, or linguistic characteristics of a national origin group
15 Guidelines on Discrimination Because of Religion Employers have an obligation to accommodate religious practices unless they can demonstrate a resulting hardship.
16 Methods for Accommodating Religious Practices Voluntary substitutes Flexible scheduling Lateral transfers Change in job assignments Union should accommodate by permitting donations.
17 State and Local Laws State and local laws affect EEO BOLI – Bureau of Labor and Industries Enforces labor and employment laws
18 Equal Employment Opportunity Commission (EEOC) Filing a discrimination charge initiates EEOC action. Charges must be filled within 180 days of alleged act EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.oversight and coordination Individual or organization/agency can file Visit: www.eeoc.govwww.eeoc.gov
19 Glass Ceiling Invisible barrier in organizations that prevents many women and minorities from achieving top-level management positions
20 Significant U.S. Supreme Court Decisions Griggs v. Duke Power Company Phillips v. Martin Marietta Corporation EEOC v. Britthaven, Inc. EEOC v. Fisher Sand & Gravel Co.
21 Griggs v Duke Power Company When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.
22 Phillips v Martin Marietta Corporation Court ruled that the company had discriminated against a woman because she had young children. Major implication – firm cannot impose standards for employment only on women
23 EEOC v. Britthaven Inc. Courts ruled that Britthaven, Inc. engaged in pregnancy discrimination Courts required training and regular reporting
24 EEOC v. Fisher Sand & Gravel Co. Courts ruled that Britthaven, Inc. engaged in hostile work environment Courts required polices to eradicate sexual harassment in the workplace
25 Uniform Guidelines on Employee Selection Procedures Provides a framework for making legal employment decisions about: Hiring Promotion Demotion Referral Retention Use of testing Other selection procedures
26 Concept of Adverse Impact Defined in terms of selection rates Number of applicants hired or promoted Total number of applicants Occurs when women and minorities are not hired at a rate of 80% of the best achieving group
27 Concept of Adverse Impact If company ABC hired 50% all white engineers who applied Must hire a minimum of 40% non-white engineers who applied (in the protected class Hispanic, Asians or Blacks) If not, the company ABC will be in volition of the 4/5 th rule Selection devices (assessments) could have adverse impact
28 Concept of Adverse Impact Two Avenues for Confirmation: Validate a selection device to show it is a predictor of success BFOQ – only one group is capable of performing the job
29 Discrimination Defined Adverse Impact Selection standards are applied uniformly to all groups of applicants Company PROVE: Business necessity BFOQ
30 Discrimination Defined Adverse Treatment Different standards applied to various groups without intentional prejudice Plaintiff They belong in a protected class They were qualified for the job Despite qualifications, they were rejected After rejection the position remained open