1. Chapter #2 part 2 Equal Opportunity and the Law

2. State and Local EEO laws  State and local laws usually further restrict employer’s treatment of employees  Example  VII may cover firms with fewer than 15

3. Defenses against Discrimination Allegations  Disparate Treatment charge –Requires no more than a finding that men were INTENTIONALLY treated differently than women  Disparate Impact charge –This has greater impact effects more people –Regardless of INTENT –Resulted in adverse impact

4. Adverse Impact  Discrimination resulting in rejecting protected groups  Only Needs prima facie evidence  Burden of proof on er  How to show adverse impact –1. Disparate rejection rates (80% rule) –2. Restricted Policy (even unintentional) –3. Population Comparisons –4. McDonnell-Douglas Test

5. Bona Fide Occupational Qualifications  Courts interpret this exception narrowly –Age as BFOQ –Religion as BFOQ –Gender as BFOQ –National origin as BFOQ –Dress.. court rules for boss usually hair, piercings, uniforms.must respect gender

6. Business Necessity  Another defense  There is an overriding business purpose For discrimination  Good intent does not redeem procedures  That have no business necessity

7. Other Discriminatory recruitment practices  Word of mouth  Misleading information  Educational requirement  Tests  Height weight and physical characteristics  Arrest records  Application forms  Discharge due to garnishments

8. EEOC Enforcement Process  You have two years to file after incident  Usually referred to a state EEOC agency.  EEOC has ten days to serve notice to er  EEOC investigate for reasonable cause  If no cause it issues charging party right to sue with in 90 days  If cause is found than first conciliation, than  If it fails EEOC files civil suit

9. How should a HR Manager respond to a charge? eeoc.gov or look #46  Remember investigators are NOT judges  Meet with charging ee to clarify all relavent issues, witnesses ?,who was involved etc  Cooperate with fact finding conference  Make your own investigation  Make a position statement –We understand the charge and here are our discrimination policies…..

10.  Conciliation: complete relief to charging party  Voluntary mediation: third party assists  Mandatory arbitration: –Problem both side must agree on person –ADR programs, alternate dispute agreements  Rockwell employees must sign in order to participate in stock option plans

11. DIVERISTY PROGRAMS  Take steps to maximize diversity potential –Provide strong leadership –Assess your current state of ee ”mix” –Provide diversity training –Watch performance criteria –Attitude surveys

12.  Which of the following are NOT covered by ADA  A. SCHIZOPHRENIA  B. AIDS VICTIMS  C. HOMOSEXUALITY

13. r  McDonald Douglas test is  A. Based on populations comparisons  B. Demonstrates that certain groups are excluded  C. some are told the job is “closed” when it is not

14. c  Requirements that an ee be o a certain race e or gender  A. BFOQ  Restricted policy  Populations comparisons

15.  EEOC claims must be filed within  A. 10 days of incident  B. 30 days  C. 2 years

16. h  EEOC has the right to  A. Sue company  B. Investigate claim  C. Give lawyers right to sue

17. t  Affirmative action  A. Makes up for past discriminatory  B. May require written plans for action  C. Both above are correct

18.  Bakke v. The Regents of Calif was a case about  A. Testing  B. Age discrimination  C. Reverse discrimination