Chapter 3 Equal Employment Opportunity

1. Chapter 3 Equal Employment Opportunity Civil rights acts of 1964 and 1991 Women in the workforce Sexual harassment Aging workforce Reasonable accommodations Affirmative action Diversity training

2. Equal employment opportunity (EEO) • Discrimination between items or people • Race • Sex/gender • Age • Disabilities • Military experience • Religion • Marital statues (some states) • Sexual orientation (some states) • Protected classes

3. Disparate treatment • Different standards are used to judge individuals • The same standard is used but it is not related to the individuals’ jobs • Occurs when members of one group are treated differently from others: test for women but not men

4. Disparate impact • Occurs when members of a protected category are substantially underrepresented as a result of employment decisions that work to their disadvantage. • Griggs v Duke Power, 1971 • Showing lack of intent to discriminate is not enough to be innocent • Employer has burden of proof that an employment requirement is directly job related as a business necessity

5. Equal employment opportunity concepts • Business necessity - you may have to read, but is a High School diploma necessary • Washington v. Davis - police officers had to read and comprehend an actual part of their training manual to pass the test…It was not discriminatory because more white men past.

6. Bona fide occupational qualification(BFOQ) • Employers can discriminate on the basis of sex, religion, or national origin if characteristics are BFOQ • The reason an employer can exclude someone on otherwise illegal bases of consideration

7. Burden of Proof: • FOR A PLAINTIFF TO FILE – must be protected category member and prove that disparate impact or disparate treatment existed

8. Nonretaliation • When employers take punitive actions against individuals who exercise their legal rights • Legal case from 2010….

9. Equal employment opportunity • Equal employment – employment that is not affected by illegal discrimination • Blind differences- differences among people should be ignored and everyone should be treated equally. • Affirmative action- employers are urged to employ people based on their race, age, gender, or national origin

10. Race/ethnic/national origin • Civil Rights Act of 1964, Title VII- created Equal Employment Opportunity Commission(EEOC) to enforce rules • Title VII, 1972- 15 employees, all educational institutions, governments, employment agencies, labor unions. In 1980-sexual harassment was added • Executive Orders 11246,11375,and 11478- government contractors cannot discriminate • Civil Rights Act of 1991- demonstrate an employment practice is job related for the position and is consistent with business necessity. Protected class status played some role in their treatment. • Managing racial and national origin issues • Racial/ethnic harassment • Affirmative Action-employers are “urged to hire groups of people based on their race, age, gender, or national origin to make up for historical discrimination. New Haven case: fear of legal action is not reason to not do something • Managing affirmative action- Affirmative Action Plan (AAP)- annual document compiled by employer to submit to enforcement agencies. Government contractors must do this and other may voluntarily or by court order • AAP Metrics: Availability analysis- number of protected class available to work in labor market and Utilization analysis identifies the number of protected class members employed.

11. Sex/gender discrimination laws and regulations • Pregnancy Discrimination Act (PDA) of 1978- maternity leave is like any other medical leave. • FMLA of 1993- individuals are given up to 12 weeks of leave without pay and may return to their jobs • Equal Pay Act of 1963 – pay similar wages for similar work. Differences: seniority, performance, quality/quantity of work, and factors other than sex like skill, effort, and working condition. Ledbetter case in 1979 • Lilly Ledbetter Fair Pay Act in 2009 eliminated the statute of limitations to file pay discrimination claims • Pay equity- pay for jobs requiring comparable levels of knowledge, skill, and ability should be similar, even if actual duties differ significantly. Also called comparable worth • Sexual harassment- actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment

12. Sex and gender issues Non traditional jobs – architecture, detectives, chefs, pilots….and women by Supreme Court, cannot be reassigned to protect their health or unborn baby with less pay Class Ceiling – discriminatory practices that have prevented women and other protected class members from advancing. Breaking the glass

13. Differing sexual orientation – Federal courts: EEOC – gender at birth, is person’s gender. • Nepotism – allowing relatives to work for the same employer • Consensual relationships and romance at work • Sexual harassment – Quid pro quo: something for something and Hostile work environment: individual’s work performance or psychological well being is unreasonably affected by intimidating or offensive working conditions • Employer’s response: est. policy, communicate policy, train employees, investigate.. • Evidence shows different in different countries

14. Individuals with disabilities-ADAAA • Essential job functions • Reasonable accommodations • Undue hardship – too expensive or undue hardship on employer • Genetic Bias regulation and Genetic Information Nondiscrimination Act (GINA): cannot collect information for insurance from genetic tests

15. Managing disabilities in the workforce • P. 93 : what to ask and what not to ask when hiring • Employees that develop disabilities: handling accommodation requests--- it is the process more than the end result • ADAAA adaption: define the essential functions (job description) in advance, handle all requests, interact with employee in good faith, know and follow reasonable accommodation rules

16. Age and equal employment opportunity • Age Discrimination in Employment Act (ADEA), 1967 • Supreme Court – state employees may not sue state governments employers in federal courts because of ADEA as it is FEDERAL LAW. • Older Workers Benefit Protection Act (OWBPA) – signing liability waivers in exchange for severance packages • Overqualified: too old • Phased retirement: a strategy used to maintain older workers, employees gradually reduce their workloads and pay levels

17. Religion and spirituality in the workplace • Title VII of Civil Rights Act: illegal to discriminate on religion • Dress and appearance • Holidays – work schedules – time for prayer • Bible studies • Hostile work environment if non Christians feel discriminated against

18. Other discrimination • Immigration Reform and Control Acts (IRCA): I9 Forms, verify documents • I9 Training • Visas • Language issues: safety requirements to speak English….versus bilingual needs • Military Status and Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994: employees are required to notify their employers of military service obligations and employee has absence job protection

19. Sexual orientation • Transvestites are not protected under ADAAA for having sexual behavior disorders--- • Domestic partner benefits – state to state and company to company • Appearance and Weight Discrimination: • You can set a dress code, as long as it is applied uniformly • Family Responsibility Discrimination (FRD): discrimination against caregivers at work

20. Diversity Training • Legal awareness • Cultural awareness • Sensitivity awareness