Copyright © 2016 Pearson Education, Inc. 2-1

Chapter 2 Managing Equal Opportunity and Diversity 2-2 Copyright © 2016 Pearson Education, Inc.

Learning Objectives 1.Summarize the basic equal employment opportunity laws and how each impacts HR functions such as recruitment and selection. 2.Explain the basic defenses against discrimination allegations. 3.Give examples of what employers can and cannot legally do with respect to recruitment, selection, and promotion and layoff practices. Copyright © 2016 Pearson Education, Inc. 2-3

Learning Objectives (cont.) 4.Explain the Equal Employment Opportunity Commission enforcement process. 5.List five strategies for successfully increasing diversity of the workforce. Copyright © 2016 Pearson Education, Inc. 2-4

Summarize the basic equal opportunity laws and how each impacts HR functions such as recruitment and selection Copyright © 2016 Pearson Education, Inc. 2-5

The Equal Pay Act of 1963 The Equal Pay Act of 1963 is the act requiring equal pay for equal work, regardless of sex Copyright © 2016 Pearson Education, Inc. 2-6

Equal Employment Opportunity Laws Copyright © 2016 Pearson Education, Inc. 2-7 Title VII of the 1964 Civil Rights Act Executive Orders Age Discrimination in Employment Act of 1967 Vocational Rehabilitation Act of 1973

Equal Employment Opportunity Laws (cont.) Copyright © 2016 Pearson Education, Inc. 2-8 Pregnancy Discrimination Act of 1978 Federal Agency Uniform Guidelines on Employee Selection Procedures The Civil Rights Act of 1991

American with Disabilities Act (ADA) Copyright © 2016 Pearson Education, Inc. 2-9 Qualified Individuals Reasonable Accommodation Employer Defenses

How to Provide Reasonable Accommodation (Example) Copyright © 2016 Pearson Education, Inc. 2-10

ADA Guidelines Copyright © 2016 Pearson Education, Inc. 2-11

Equal Employment Opportunity Laws Copyright © 2016 Pearson Education, Inc Uniformed Services Employment & Reemployment Rights Act Genetic Information Nondiscrimination Act of 2008 State & Local Equal Employment Opportunity Laws

Selected Court Decisions Regarding EEO Copyright © 2016 Pearson Education, Inc Griggs v. Duke Power Company Albemarle Paper Company v. Moody

Religious & Other Types of Discrimination Copyright © 2016 Pearson Education, Inc Religious Discrimination o Buddhism o Christianity o Hinduism o Islam o Judaism o Other Sexual Orientation o Lesbian o Gay o Bisexual o Transgender

Summary of EEO Actions Copyright © 2016 Pearson Education, Inc. 2-15

Sexual Harassment What is It? Copyright © 2016 Pearson Education, Inc Condition of individual’s employment Submission to or rejection of conduct Unreasonably interferes with work performance

Proving Sexual Harassment Copyright © 2016 Pearson Education, Inc Quid Pro Quo Hostile Environment Created by Supervisors Hostile Environment Created by Coworkers or others

Sexual Harassment Copyright © 2016 Pearson Education, Inc Supreme Court Decisions Implications Prompt & Reasonable Care Gender-Based Differences Not Reporting

What Can an Employee Do? Copyright © 2016 Pearson Education, Inc File a verbal contemporaneous complaint with the harasser and the harasser’s boss, stating that the unwanted overtures should cease. 2.If the unwelcome conduct does not cease, file verbal and written reports to HR. 3.If the letters and appeals to the employer do not suffice, the accuser should turn to the EEOC.

Recent Trends Social Media Same-Sex Marriages Disabled Workers Affirmative Action Retaliation Copyright © 2016 Pearson Education, Inc. 2-20

Explain the basic defenses against discrimination allegations Copyright © 2016 Pearson Education, Inc. 2-21

Adverse Impact Copyright © 2016 Pearson Education, Inc Disparate Impact Central Role of Adverse Impact Disparate Treatment

Adverse Impact (cont.) Disparate Rejection Rates The Standard Deviation Rule Restricted Policy Population Comparison Copyright © 2016 Pearson Education, Inc. 2-23

McDonnell-Douglas Test Copyright © 2016 Pearson Education, Inc That person belongs to a protected class 2. Candidate was qualified for job he/she sought 3. Despite qualifications, candidate was rejected 4. After rejection, position remained open and employer was actively recruiting for vacant position

Bona Fide Occupational Qualification (BFOQ) Copyright © 2016 Pearson Education, Inc Gender as BFOQ National Origin as BFOQ Religion as BFOQ

Business Necessity Defense created by courts Not easy to prove Many employers have used business necessity defense successfully Courts scrutinize pre-employment standards Copyright © 2016 Pearson Education, Inc. 2-26

Give examples of what employers can and cannot legally do with respect to recruitment, selection, and promotion and layoff practices Copyright © 2016 Pearson Education, Inc. 2-27

Discriminating LawKnowing What You Can and Cannot Do Discriminating Law—Knowing What You Can and Cannot Do Copyright © 2016 Pearson Education, Inc Recruitment o Word of Mouth o Misleading Information o Help Wanted Ads Selection Standards o Education Requirements o Tests o Preference to Relatives o Height, Weight, and Physical Characteristics o Health Questions o Arrest Records o Application Forms

Explain the Equal Employment Opportunity Commission enforcement process Copyright © 2016 Pearson Education, Inc. 2-29

EEOC Enforcement Process Copyright © 2016 Pearson Education, Inc EEOC investigation Voluntary mediation Filing a claim Processing a Discrimination Charge

EEOC Charge-Filing Process Copyright © 2016 Pearson Education, Inc. 2-31

When EEOC Has Filed a Bias Claim Copyright © 2016 Pearson Education, Inc. 2-32

List five strategies for successfully increasing diversity of the workforce Copyright © 2016 Pearson Education, Inc. 2-33

Diversity Management & Affirmative Action Copyright © 2016 Pearson Education, Inc Stereotyping Prejudice Discrimination Tokenism Ethnocentrism

Top-Down Diversity Management Programs Copyright © 2016 Pearson Education, Inc Provide strong leadership Assess the situation Provide diversity training & education Change culture and management systems Evaluate the diversity management program

Discriminative Employment Practices Copyright © 2016 Pearson Education, Inc Equal Employment Opportunity versus Affirmative Action Reverse Discrimination

Summary 1.Legislation barring employment discrimination 2.Disparate treatment 3.Mindfulness of discrimination in human resources practices 4.EEOC’s role in discrimination 5.Managing diversity Copyright © 2016 Pearson Education, Inc. 2-37

Copyright © 2016 Pearson Education, Inc. 2-38