Archie B. Carroll Ann K. Buchholtz Business & Society Ethics, Sustainability, and Stakeholder Management Eighth Edition Archie B. Carroll Ann K. Buchholtz © 2012 South-Western, a part of Cengage Learning

Chapter 19 Employment Discrimination and Affirmative Action © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Learning Outcomes Chronicle the U.S. civil rights movement and minority progress for the past 50 years. Outline the essentials of the federal discrimination laws. Provide two different meanings of discrimination and give examples of how each might be committed. Elaborate on issues in employment discrimination relating to race, color, national origin, sex, age, religion, sexual orientation, and disability. Identify different postures with respect to affirmative action, explain the concept of reverse discrimination, and provide an overview of the Supreme Court’s decisions on affirmative action. © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Chapter Outline The Civil Rights Movement and Minority Progress Federal Laws Prohibiting Discrimination Expanded Meanings of Employment Discrimination Issues in Employment Discrimination Affirmative Action in the Workplace Summary Key Terms Discussion Questions © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Protected Groups Protected groups Those who have federal-level legal protection from discrimination based on race, color, religion, national origin, sex, age, or disability. “Protected” groups are not protected from job loss: young minority men bore a disproportionate burden of the layoffs in the most recent recession. © 2012 South-Western, a part of Cengage Learning

Title VII of the Civil Rights Act of 1964 Under Title VII, it is illegal to discriminate in: Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave Other terms and conditions of employment © 2012 South-Western, a part of Cengage Learning

Age Discrimination in Employment Act of 1967 Protects workers 40 years old and older from: Arbitrary discrimination in hiring Discharge Pay Promotions Fringe benefits Other aspects of employment Does not apply where age is a bona fide occupational qualification (BFOQ) When a company can legitimately argue that younger age is necessary and related to the position. © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Equal Pay Act of 1963 Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work in the same establishment. Attention was revived in 2007 with the Ledbetter v. Goodyear Tire & Rubber Co. case. Lily Ledbetter alleged she had been paid less than males for equal work. In 2009, The Lily Ledbetter Fair Pay Act undid a Supreme Court decision that there is a 180 day statute of limitations on discriminatory pay charges. © 2012 South-Western, a part of Cengage Learning

Americans with Disabilities Act An individual with a disability: Has a physical or mental impairment that limits one or more major life activities. Has a record of such an impairment. Or, is regarded as having such an impairment. Reasonable accommodation may include: Accessible facilities Job restructuring, work schedule modification, reassignment Acquiring or modifying equipment or devices; making adjustments to examinations; providing training materials, readers, or interpreters © 2012 South-Western, a part of Cengage Learning

Equal Employment Opportunity Commission Equal Opportunity Commission (EEOC) Has five commissioners and a general counsel President appoints and Senate confirms Purpose: Makes equal employment opportunity policy Investigates employment discrimination charges/complaints Enforces anti-discrimination laws through conciliation or federal lawsuits against employers © 2012 South-Western, a part of Cengage Learning

Expanded Meaning of Employment Discrimination Disparate treatment Using race, color, religion, sex, or national origin as a basis for treating people differently or unequally. Disparate impact Fewer minorities are included in the outcome of testing, hiring, or promotion practices than would be expected by numerical proportion. Four-fifths rule If a member of a minority group does not have a success rate at least 80 percent that of the majority group, the practice may be considered to have an adverse impact. © 2012 South-Western, a part of Cengage Learning

Issues of Racial Discrimination Race discrimination Discrimination on the basis of ancestry or physical or cultural characteristics associated with race (skin color, hair texture or styles, or certain facial features). African Americans The number with seats on Fortune 500 boards is declining. High barriers to professional achievement. © 2012 South-Western, a part of Cengage Learning

Issues of Racial Discrimination (continued) Hispanics Highly diverse population from many countries and different races. Dramatic population growth in the U.S. Worsening political and employment climate for Latinos/Hispanics in U.S. Asian Americans Have a possibly excessively positive stereotype as smart, disciplined, and good at math/sciences. Bimodal distribution: group of high-paid professionals and one of low-skilled and disadvantaged workers. Not well represented on Fortune 500 boards. © 2012 South-Western, a part of Cengage Learning

Issues of Sex Discrimination Major issues for women Getting into professional and managerial positions and out of traditional female- dominated positions. Achieving pay commensurate with that of men. Comparable worth: Workers doing different jobs should receive the same pay if those different jobs have equal inherent worth. Eliminating sexual harassment Quid pro quo harassment Hostile work environment Being able to take maternity leave without losing jobs © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Pay Equity Possible causes of pay discrepancy for women Lost time and experience through extended maternity leave Left the workplace for longer periods of time Employed at lower paying jobs Women’s hesitation to negotiate Socialized not to negotiate from a young age Rewards for men can result in penalties for women © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Sexual Harassment Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct affects an individual’s employment, interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. © 2012 South-Western, a part of Cengage Learning

Types of Sexual Harassment Quid pro quo Something is given or received for something else. Hostile work environment The employee perceives a hostile or offensive work environment by virtue of uninvited sexually oriented behaviors or materials present in the workplace. © 2012 South-Western, a part of Cengage Learning

Title XI and Sexual Harassment Bans sexual discrimination at schools. Burden of proof The school must be aware of the sexual harassment. The school must fail to take steps to stop it. The harassment must deny access to an educational opportunity. The harassment must take place in an educational setting. © 2012 South-Western, a part of Cengage Learning

Pregnancy Discrimination Pregnancy Discrimination Act of 1978 Requires employers to treat pregnancy and pregnancy-related medical conditions the same as any other medical disability with respect to all terms and conditions of employment. Fetal protection policies Walmart class-action lawsuit Pregnancy discrimination remains a significant issue for women in the workplace. © 2012 South-Western, a part of Cengage Learning

Other Forms of Discrimination Religious Discrimination Color Bias Sexual Orientation and Transgender Discrimination Age Discrimination © 2012 South-Western, a part of Cengage Learning

Affirmative Action Postures Taking positive steps to hire and promote people from groups previously discriminated against. Weak Postures Strong Postures Passive nondiscrimination Affirmative action with preferential hiring Pure affirmative action Hard quotas © 2012 South-Western, a part of Cengage Learning

Affirmative Action in the Workplace Preferential treatment Reverse discrimination The Adarand Decision and strict scrutiny The program must meet a compelling government interest, and Be tailored narrowly to meet program or policy objectives. © 2012 South-Western, a part of Cengage Learning

© 2012 South-Western, a part of Cengage Learning Key Terms Age Discrimination in Employment Act (ADEA) Affirmative action Americans with Disabilities Act (ADA) Bona fide occupational qualification (BFOQ) Civil Rights Act of 1991 Color bias Comparable worth Compensatory justice Disparate impact Disparate treatment Equal Employment Opportunity Commission (EEOC) Equal Pay Act of 1963 Essential functions Fetal protection policies Four-fifths rule Hostile work environment Major life activities Preferential treatment Pregnancy Discrimination Act of 1978 Protected groups Quid pro quo Reasonable accommodation Reverse discrimination Sexual harassment Strict scrutiny Title VII of the Civil Rights Act of 1964 Undue hardship © 2012 South-Western, a part of Cengage Learning