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Chapter 3 Equal Opportunity Employment

Chapter 3 Equal Opportunity Employment. Introduction. State and municipal laws may go beyond federal laws. Almost every U.S. organization, public and private, must abide by The 1964 Civil Rights Act Its 1972 amendment, the Equal Employment Opportunity Act.

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Chapter 3 Equal Opportunity Employment

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  1. Chapter 3 Equal Opportunity Employment

  2. Introduction State and municipal laws may go beyond federal laws • Almost every U.S. organization, public and private, must abide by • The 1964 Civil Rights Act • Its 1972 amendment, the Equal Employment Opportunity Act. • Other federal laws regulating employment Fundamentals of Human Resource Management 11e

  3. Laws Affecting Discriminatory Practices Organizations must have at least 15 employees to be covered. Fundamentals of Human Resource Management 11e • The 1964 Civil Rights Act • Outlawed racial segregation and discrimination in employment, public facilities, and education • Title VII covers hiring, promotion, dismissal, benefits, compensation or any other terms, conditions, or privileges based on: • Race • Religion • Color • Gender • National origin

  4. Race and Color Discrimination • Based on personal characteristics related to race such as: • Skin color • Hair texture • Facial features • Name • Attire • Accent • Marriage to a minority Fundamentals of Human Resource Management 11e

  5. Religious Discrimination • Based on religious beliefs and how they are practiced: • All religions are covered • Absence of religion is covered too • Protected beliefs must be sincerely held • Employer must be notified Fundamentals of Human Resource Management 11e

  6. Religious Discrimination • Reasonable accommodations must be made as long as they don’t cause an undue hardship for the employer. Accommodations may include: • Dress • Head coverings • Facial hair • Religious holidays Fundamentals of Human Resource Management 11e

  7. National Origin Discrimination • Based on citizenship or permanent residence status • May overlap with race or color discrimination • Examples: • Name • Dress • Accent Fundamentals of Human Resource Management 11e

  8. Sex and Gender Discrimination • Expanded and clarified by other laws. • Examples of discrimination include differences in treatment that involve: • Wages and benefits • Procedures • Leaves of absence • Dress codes • Job categories Fundamentals of Human Resource Management 11e

  9. Laws Affecting Discriminatory Practices The EEOC website has helpful information for employees and employers Their “Youth at Work” website helps young workers understand their rights. • The 1972 Equal Employment Opportunity Act (EEOA) • Enforced the 1964 Civil Rights Act • Established the Equal Employment Opportunity Commission (EEOC) • Expanded scope of civil rights protection to employees of state and local governments, education, and labor • Introduced affirmative action (Exec. Order 11246) Fundamentals of Human Resource Management 11e

  10. Laws Affecting Discriminatory Practices Fundamentals of Human Resource Management 11e • Executive Order 11246 • prohibits discrimination by federal agencies and contractors or subcontractors • Executive Order 11375 • added sex-based criteria to 11246 • Executive Order 11478 • added that employment practices of the federal government must be based on merit and prohibit discrimination

  11. Laws Affecting Discriminatory Practices Fundamentals of Human Resource Management 11e • 1967 Age Discrimination in Employment Act (ADEA) • Protects people 40 and older • Stopped companies from requiring mandatory retirement at any age • Possible discriminatory practices may include: • Fitness requirements not relevant to the position • Different health benefits • Changing job requirements • Layoffs that target older workers

  12. Laws Affecting Discriminatory Practices. • Equal Pay Act (1963) • As long as jobs are substantially equal, pay should be equal • Lilly Ledbetter Fair Pay Act (2009) • Allows workers to file pay discrimination claims within 180 days of any discriminatory paycheck. Fundamentals of Human Resource Management 11e

  13. Laws Affecting Discriminatory Practices Fundamentals of Human Resource Management 11e • Pregnancy Discrimination Act (1978) • Pregnancy may not be considered in employment decisions • Hiring • Insurance • Leaves • Working conditions • ADA allows accommodations for physical limitations • FMLA allows leave with similar job upon return

  14. Laws Affecting Discriminatory Practices Fundamentals of Human Resource Management 11e • Americans with Disabilities Act (ADA) of 1990 • Extends protection and reasonable accommodations to those with a disability • Defines disabled as a person who: • Has a physical or mental impairment that substantially limits one or more life activities • Has a history or record of such impairment • Is perceived by others as having such impairment Covers not only those with mobility and communication disabilities, but those with HIV/AIDS and intellectual disabilities

  15. Important ADA Terms Fundamentals of Human Resource Management 11e

  16. Laws Affecting Discriminatory Practices • ADA Amendments Act of 2008 (ADAAA) • Makes it easier for employees to prove disability such as • Cancer • Diabetes • Bipolar disorder • Immune system function • Epilepsy Fundamentals of Human Resource Management 11e

  17. Laws Affecting Discriminatory Practices First law to allow individuals to sue for punitive damages • The Civil Rights Act of 1991 • Reinforced the 1964 Act which had been weakened by a number of Supreme Court cases • Returned burden of proof that discrimination did not occur back to the employer • Includes the Glass Ceiling Act and established the Glass Ceiling Commission to study management practices Fundamentals of Human Resource Management 11e

  18. Laws Affecting Discriminatory Practices • Family and Medical Leave Act of 1993 (FMLA) • Allows employees to take up to 12 weeks of unpaid leave in a 12 month period for • Birth or adoption of a child or placement of foster child • Personal or family member illness • Care of family member with serious injury or illness who is member of armed services • Situations rising from active military duty of spouse, child or parent. Fundamentals of Human Resource Management 11e

  19. Laws Affecting Discriminatory Practices FMLA difficulties for HR: determining eligibility to take leave, staffing problems that result, and timing of leave notification, keeping position open for employee to return. • To qualify for FMLA leave • Employer must have at least 50 employees within a 75 mile radius. • Employee must • Have worked at least 12 months and have worked 1,250 hours within the last 12 months. Fundamentals of Human Resource Management 11e

  20. Laws Affecting Discriminatory Practices • Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) • Strengthens rights of veterans of the Reserves or National Guard to return to private sector jobs. • Prohibits employers from discriminating against applicants with prior military service. Fundamentals of Human Resource Management 11e

  21. Laws Affecting Discriminatory Practices • Genetic Information Nondiscrimination Act of 2008 (GINA) • Prohibits discrimination based on genetic information such as a family history of a genetic disease such as breast cancer or Alzheimer’s Disease. • Includes hiring decisions and insurance coverage Fundamentals of Human Resource Management 11e

  22. Preventing Discrimination • Uniform Guidelines on Employee Selection Procedures • Outlines requirements for employers to prove that they are observing equal employment laws. • HR policies must be made on job-related factors • Policies cannot discriminate based on non-related factors Fundamentals of Human Resource Management 11e

  23. Preventing Discrimination • Adverse Impact • HR policy or practice has a discriminatory impact on a protected group • May be unintentional • Example: height requirements may discriminate against women or some minority groups. Fundamentals of Human Resource Management 11e

  24. Preventing Discrimination • Adverse Treatment (Disparate Treatment) • HR policy or practice treats a protected group differently resulting in discrimination • Example: individuals in protected groups are rarely hired or promoted to certain positions. Fundamentals of Human Resource Management 11e

  25. Preventing Discrimination 4/5ths rule geographical comparisons McDonnell Douglas test restricted policy But it is up to a judicial body to make the final determination. Four tests may be used to determine if discrimination has potentially occurred: Fundamentals of Human Resource Management 11e

  26. Preventing Discrimination 4/5ths rule Exhibit 3.4 shows an example of compliance and non-compliance with the 4/5ths rule. Proportionof minority members hired must equal at least 80 percent (4/5ths) of the majority members in the population hired Issued by the EEOC, it helps to assess if adverse impact has occurred Connecticut v. Teal (1984) case established that decisions in each step of decision process must conform to the 4/5ths rule Fundamentals of Human Resource Management 11e

  27. Preventing Discrimination restricted policy Do HRM policies exclude a class of individuals? geographical comparisons Does company’s mix of employees at all levels reflect its recruiting market? Fundamentals of Human Resource Management 11e

  28. Preventing Discrimination McDonnell Douglas Test Fundamentals of Human Resource Management 11e • Four components must exist • Individual is a member of a protected group • Individual applied for a job for which he or she was qualified • Individual was rejected • Employer continued to seek applicants with similar qualifications after individual was rejected

  29. Preventing Discrimination • Affirmative Action Plans • Seeks to correct past injustices in hiring by actively seeking minority applicants • Workforce should resemble the community • Applies to organizations that contract with the federal government Fundamentals of Human Resource Management 11e

  30. Preventing Discrimination • How companies can respond to discrimination charges if found to have adverse impact: • Discontinue the practice • Defend against the charges by arguing: • Business necessity • Bona fide occupational qualification • Seniority systems Proving job relatedness is often the most common approach Fundamentals of Human Resource Management 11e

  31. Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO Fundamentals of Human Resource Management 11e

  32. Enforcing Equal Opportunity Employment Federal Government EEOC OFCCP within department of labor www.eeoc.gov http://www.dol.gov/ofccp/ Fundamentals of Human Resource Management 11e

  33. Enforcing Equal Opportunity Employment EEOC Has power to investigate claims but no enforcement power. Fundamentals of Human Resource Management 11e Enforces federal laws on civil rights at work. Follows a five-step process to resolve complaints: • EEOC notifies company within 10 days of filing and begins investigation • EEOC notifies company of findings within 120 days • If complaint is unfounded, process stopsIf founded, EEOC tries to correct the problem informally • If unsuccessful, EEOC begins mediation (settlement meeting) • If unsuccessful, EEOC may file charges in court

  34. Enforcing Equal Opportunity Employment OFCCP Fundamentals of Human Resource Management 11e • Office of Federal Contract Compliance Programs (OFCCP) • Responsible for ensuring that contractors doing business with the Federal government do not discriminate and take affirmative action • Follows similar practice as EEOC in evaluating claims • Can cancel an organization’s contract with the federal government if organization fails to comply with EEO laws

  35. Current Issues in Employment Law • Sexual Harassment • Creates intimidating, offensive or hostile environment • Unreasonably interferes with individual’s work • Adversely affects an individual’s employment opportunities Fundamentals of Human Resource Management 11e

  36. Current Issues in Employment Law • Sexual Harassment takes two forms • Quid pro quo harassment • Sexual behavior is expected as a condition of employment • Hostile environment harassment • Workplace environment is offensive enough to interfere with the ability to work Fundamentals of Human Resource Management 11e

  37. Current Issues in Employment Law Women earn approximately 80% of the salary of men • Comparable Worth • Jobs of equal importance to an organization should earn equal pay • Factors to consider • Skills • Responsibilities • Working conditions • Effort Fundamentals of Human Resource Management 11e

  38. Current Issues in Employment Law Percent of women in top management positions Thailand 45% Russia 36% Hong Kong 36% Philippines 36% United States 15% Japan 10% • Glass Ceiling • Invisible barrier blocking promotion to top management • Women and minorities are under-represented in top management positions Fundamentals of Human Resource Management 11e

  39. Current Issues in Employment Law • Sexual Orientation • No federal law protection • 21 states, District of Columbia and Federal Government prohibit discrimination based on sexual orientation. • English Only Laws • Necessity must be proven • May violate national origin discrimination protection. • Appearance and Weight • No federal law protection • Discrimination may affect pay, hiring and promotions Fundamentals of Human Resource Management 11e

  40. HRM in a Global Environment Laws affecting HRM vary greatly by country. China 60/100-hour work-weeks not uncommon. China’s recent labor laws seek to protect employees from such practices, but progress remains slow Canada Canadian laws closely parallel those in the U.S. India Caste-based discrimination remains a barrier to equal employment despite legal and constitutional protection Australia Australia’s discrimination laws not enacted until the 1980s Germany Representative participation (work councils and board representatives) put labor on par with management and stockholders Fundamentals of Human Resource Management 11e

  41. Fill-in-the-blanks 1. The 1964 Civil Rights Act, Title VII, protects individuals on the basis of ____, _____, ________, _____, and ______. race, color, religion, sex, national origin 2. The Equal Opportunity Employment Act established the _____. EEOC 3. The Civil Rights Act of 1991 included the _____ Act. Glass Ceiling 4. The 4/5ths Rule: number of minority members hired must equal at least ___ percent of the majority members in the population hired. 80 5. With ______, companies argue job relatedness in responding to accusations of discrimination in hiring. business necessity 6. The 1971 Supreme Court case _____v.______ ruled that tests must fairly measure the skills and knowledge required for a job. Griggs v. Duke Power Company 7. The EEOC defines sexual harassment as creating an ______. intimidating, offensive, or hostile environment Fundamentals of Human Resource Management 11e

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