2. EEO Concepts Discrimination Protected Class
“Recognizing differences among items or people.”
Illegal in employment-related situations
Protected Class
Individuals within a group identified for protection under equal employment laws and regulation.

3. Figure 3-1 Illegal Employment Discrimination

4. EEO Concepts

5. EEO Concepts A plaintiff charging discrimination: Retaliation
Burden of proof
Must be a protected-class member
Must prove that disparate impact or disparate treatment existed.
Retaliation
EEO laws prohibit employers from taking punitive actions against individuals exercising legal rights.

6. Major Equal Employment Laws
Civil Rights Act of 1964, Title VII
Established the Equal Opportunity Commission to enforce the act’s provisions.
Coverage
All private employers with 15 or more employees
All educational institutions, public and private
State and local governments
Public and private employment agencies
Labor unions with 15 or more employees
Joint labor/management apprenticeship committee

7. Civil Rights Act of 1991 Significant provisions:
Employment practices must be job-related and consistent with business necessity.
Plaintiffs must challenge a particular employer practice and show that protected-class status played some role.
Provided limited compensatory damages for intentional discrimination.
Allowed plaintiffs to seek jury trials.
Prohibited race and gender norming of tests and the use of alternative scoring based on protected class membership.
Extended EEO coverage to U.S. citizens overseas and government employees.

8. Sex/Gender Discrimination Laws
Pregnancy Discrimination Act )PDA) of 1978
Equal pay and pay equity
Differences in seniority
Differences in performance
Differences in quality and/or quantity of production
Factors other than sex, such as skill, effort, and working conditions
Sexual Harassment

9. Sex/Gender Discrimination
Pregnancy Discrimination Act (PDA) of 1978
Requires an employer to treat maternity leave the same as other personal or medical leaves.
Employers must treat pregnant employees the same as other employees.
Equal Pay Act of 1963
Requires employers to pay similar wage rates for similar work without regard to gender.
Exceptions are permitted for differences in seniority, performance, output, and other work-related factors.

10. Sex/Gender Discrimination (cont’d)
Pay Equity (Comparable Worth)
The concept that pay for jobs requiring comparable levels of knowledge, skill, and ability should be paid similarity, even if actual duties differ significantly.
Courts have consistently ruled against the concept.
Arises from the continuing gap between the earnings of women and men.

11. Sex/Gender Discrimination (cont’d)
Sexual Harassment
Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment.
Can occur between a boss and a subordinate, among co-workers, and when non-employees have business contacts with employees.
The “Glass Ceiling”
Discriminatory practices that have prevented women and other protected-class members from advancing to executive-level jobs.

12. Potential Sexual Harassers

13. Americans with Disabilities Act (ADA)
Definition of disability
A disability is a physical or mental impairment that substantially limits a person in some major life activities.
A disabled person is one who has a record of such an impairment, or who is regarded as having such an impairment.
Americans with Disabilities Act (ADA) in 1990
Covers all employers with 15 or more employees— private employers, employment agencies, and labor unions except state government employees.
Enforced by the EEOC

14. ADA and Job Requirements
Essential Job Functions
Fundamental job duties of the employment position that an individual with a disability holds or desires.
Reasonable Accommodation
A modification or adjustment to a job or work environment that enables a qualified individual with a disability to have an equal employment opportunity.
Undue Hardship
Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities.

15. Age, Race, and Other Types of Discrimination
Age Discrimination in Employment (ADEA)
Prohibits employment discrimination against all individuals age 40 or older working for employers having 20 or more workers.
Older Workers Benefit Protection Act (OWBPA)
An amendment to the ADEA aimed at protecting employees when they sign liability waivers for age discrimination in exchange for severance packages.

16. Immigration Reform and Control Act (IRCA)
Prohibits employment discrimination against persons legally permitted to work in the United States.
Requires employers to document (I-9 form) eligibility for employment.
Provides penalties for knowingly employing illegal workers.

17. Other Types of Discrimination
Racial/Ethnic Harassment
EEOC guidelines recommend adopting policies prohibiting ethnic jokes, vulgar epithets, racial slurs, and physical actions.
Religious Discrimination
Discrimination is illegal unless religion is a bona fide occupational qualification. Reasonable accommodation of beliefs is required.
Genetic Bias Discrimination
A developing area with no clear guidelines as yet on use of genetic information in employment.

18. Other Types of Discrimination (cont’d)
Sexual Orientation
At present, some state and local, but no federal, laws against sexual orientation discrimination have been passed.
Appearance and Weight Discrimination
Uniform application of workplace dress codes is permitted.
Height and weight-related job requirements must be job-related.
Military Status
The Vietnam-Era Veterans Readjustment Act (1974) and the Uniformed Services Employment and Reemployment Act (1994) encourage the employment of veterans and require employers to provide leaves of absence and reemployment rights for employees called to active duty.

19. EEO Enforcement Equal Employment Opportunity Commission
EEOC is the enforcement authority for EEO laws.
Office of Federal Contract Compliance (OFFCP)
Ensures that federal contractors have nondiscriminatory practices and take affirmative action to overcome the effects of past discrimination.

20. EEOC Enforcement EEOC reporting forms Applicant-flow form
For private-sector employers with 100 or more employees, filed annually
For government/union/school districts, filed biennially
Applicant-flow form
Filled out by job applicant to show employers do not discriminate in recruiting/selection of protected classes

21. Figure 3.4 Common Diversity Management Components

22. Figure 3-4 Recent Year Charge Statistics from EEOC

23. Sex/Gender Discrimination
Types of Sexual Harassment
Quid pro quo—linking employment outcomes to the individual’s granting of sexual favors.
Hostile environment—an individual’s performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions
An affirmative defense for employers in dealing with sexual harassment incidents includes:
Establishing a sexual harassment policy
Communicating the policy regularly
Training employees to avoid sexual harassment
Investigating and taking actions when complaints arise

24. Figure 3-6 Various Approaches to Diversity and Their Results

25. Managing Diversity Diversity training
Legal awareness
Cultural awareness
Sensitivity training
Backlash against diversity efforts

26. Affirmative Action Affirmative Action Plan (AAP) Availability analysis
A requirement for federal government contractors with more than 50 employees and over $50,000 in government contracts annually to formally document the inclusion of women and racial minorities in the workforce.
Availability analysis
Identifies the number of protected-class members available to work in the appropriate labor markets for given jobs.
Utilization analysis
Identifies the number of protected-class members employed in the organization and the types of jobs they hold.

27. Components of an Affirmative Action Plan