1. 2 Equal Opportunity and the Law 2 Copyright © 2015 Pearson Education, Inc. 2-1

2. 2 Learning Objectives 1.Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws. 2.Describe post-1990 employment laws including the Americans with Disabilities Act and how to avoid accusations of sexual harassment at work. Copyright © 2015 Pearson Education, Inc. 2-2

3. 2 Learning Objectives 3.Illustrate two defenses you can use in the event of discriminatory practice allegations, and cite specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits. 4.List the steps in the EEOC enforcement process. 5.Discuss why diversity management is important and how to install a diversity management program. Copyright © 2015 Pearson Education, Inc. 2-3

4. 2 Copyright © 2015 Pearson Education, Inc. 2-4 Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws.

5. 2 Copyright © 2015 Pearson Education, Inc. 2-5 Equal Opportunity Laws Enacted From 1964 to 1991

6. 2 Copyright © 2015 Pearson Education, Inc. 2-6 Title VII of the 1964 Civil Rights Act o Who Does Title VII Cover? o The EEOC

7. 2 Copyright © 2015 Pearson Education, Inc. 2-7 Executive Orders Signed into law by various presidents Affirmative Action Office of Federal Contract Compliance Programs (OFCCP)

8. 2 Copyright © 2015 Pearson Education, Inc. 2-8 Equal Pay Act of 1963 Unlawful to discriminate on basis of sex Jobs involve: o Equal work o Equivalent skills o Similar conditions

9. 2 Copyright © 2015 Pearson Education, Inc. 2-9 Age Discrimination in Employment Act of 1967 Under ADEA, no discrimination for those between 40 – 65 No slack for employer if fired employee replaced by one much younger

10. 2 Copyright © 2015 Pearson Education, Inc. 2-10 Federal contracts > $2,500. Affirmative Action Reasonable accommodations Vocational Rehabilitation Act of 1973

11. 2 Copyright © 2015 Pearson Education, Inc. 2-11 Pregnancy Discrimination Act of 1978 Prohibits using pregnancy, childbirth, or related medical conditions to discriminate in: o Hiring o Promotion o Suspension, or o Discharge

12. 2 Copyright © 2015 Pearson Education, Inc. 2-12 Federal Agency Guidelines EEOC Civil Service Commission Department of Labor (DOL) Department of Justice (DOJ)

13. 2 Copyright © 2015 Pearson Education, Inc. 2-13 Early Court Decisions, Equal Employment Opportunity Griggs v. Duke power company Albemarle paper company v. Moody

14. 2 Copyright © 2015 Pearson Education, Inc. 2-14 Title VII of the 1964 Civil Rights Act Executive Orders The Equal Pay Act The Vocational Rehabilitation Act The Pregnancy Discrimination Act Federal agency guidelines Court decisions on equal employment Review

15. 2 Copyright © 2015 Pearson Education, Inc. 2-15 Describe post-1990 employment laws including the Americans with Disabilities Act and how to avoid accusations of sexual harassment at work.

16. 2 Copyright © 2015 Pearson Education, Inc. 2-16 The Laws Enacted from 1991 to the Present

17. 2 Copyright © 2015 Pearson Education, Inc. 2-17 Burden of proof Money damages Mixed motive s The Civil Rights Act of 1991

18. 2 Copyright © 2015 Pearson Education, Inc. 2-18 Mental impairments and the ADA Qualified individual Reasonable accommodation Traditional employer defenses The “new” ADA The Americans with Disabilities Act

19. 2 Copyright © 2015 Pearson Education, Inc. 2-19 The Americans with Disabilities Act

20. 2 Copyright © 2015 Pearson Education, Inc. 2-20 State & Local EEO Laws Uniformed Services Employment Rights Act Genetic Information Act of 2008 (GINA) State and local employment discrimination Employment opportunity agencies Religious and Other Types of Discrimination

21. 2 Copyright © 2015 Pearson Education, Inc. 2-21 IMPROVING PERFORMANCE: IMPROVING PERFORMANCE: HR Practices Around the Globe Workforces are increasingly international German company moved an employee from Germany to New York Problem arose at the New York subsidiary

22. 2 Copyright © 2015 Pearson Education, Inc. 2-22 Legal terminology The Civil Rights Act of 1991 Americans with Disabilities Act State and local EOO laws Review

23. 2 Copyright © 2015 Pearson Education, Inc. 2-23 Sexual Harassment What Is Sexual Harassment? Proving Sexual Harassment When Is the Environment “Hostile”?

24. 2 Copyright © 2015 Pearson Education, Inc. 2-24 Sexual Harassment Supreme Court decisions Implications When the law isn’t enough What the employee can do

25. 2 Copyright © 2015 Pearson Education, Inc. 2-25 Sexual harassment Affirmative Action duty Federal Violence Against Women Act 1994 Supreme Court decisions Review

26. 2 Copyright © 2015 Pearson Education, Inc. 2-26 Illustrate two defenses you can use in the event of discriminatory practice allegations, and cite specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.

27. 2 Copyright © 2015 Pearson Education, Inc. 2-27 Defenses Against Discrimination Allegations

28. 2 Copyright © 2015 Pearson Education, Inc. 2-28 The Central Role of Adverse Impact Showing adverse impact o Disparate rejection rates o The Standard Deviation Rule o Restricted policy o Population comparisons o McDonnell-Douglas Test

29. 2 Copyright © 2015 Pearson Education, Inc. 2-29 Bona Fide Occupational Qualification (BFOQ) Age Religion Gender National origin

30. 2 Copyright © 2015 Pearson Education, Inc. 2-30 Business Necessity Other considerations o Good intentions o Collective Bargaining Agreements (CBA) o Defense not only recourse Other Adverse Impact Issues

31. 2 Copyright © 2015 Pearson Education, Inc. 2-31 Review Disparate Treatment and Impact The Central Role of Adverse Impact Employer Defenses Other Adverse Impact Issues

32. 2 Copyright © 2015 Pearson Education, Inc. 2-32 List the steps in the EEOC enforcement process.

33. 2 Copyright © 2015 Pearson Education, Inc. 2-33 The EEOC Enforcement Process

34. 2 Copyright © 2015 Pearson Education, Inc. 2-34 File charge Charge acceptance Serve notice Investigation Cause/no cause Conciliation Notice to sue The EEOC Enforcement Process

35. 2 Copyright © 2015 Pearson Education, Inc. 2-35 Voluntary mediation Mandatory arbitration of discrimination claims The EEOC Enforcement Process

36. 2 Copyright © 2015 Pearson Education, Inc. 2-36 The EEOC Enforcement Process o Seven-step process The EEOC Enforcement Process o Voluntary mediation o Mandatory arbitration of discrimination claims Review

37. 2 Copyright © 2015 Pearson Education, Inc. 2-37 Discuss why diversity management is important and how to install a diversity management program.

38. 2 Copyright © 2015 Pearson Education, Inc. 2-38 Threats to Diversity Diversity Benefits Managing Diversity Diversity Management and Affirmative Action Programs

39. 2 Copyright © 2015 Pearson Education, Inc. 2-39 EEO vs. Affirmative Action Implementing an Affirmative Action Program Reverse Discrimination Diversity Management and Affirmative Action Programs

40. 2 Copyright © 2015 Pearson Education, Inc. 2-40 Diversity threats and benefits Managing diversity Diversity management and Affirmative Action programs EEO vs. Affirmative Action Review

41. 2 Copyright © 2015 Pearson Education, Inc. 2-41