© 2015 Cengage Learning

Chapter 19 Employment Discrimination and Affirmative Action © 2015 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. Define disparate treatment and disparate impact, and give examples of how each. Elaborate on issues in employment discrimination relating to race, color, national origin, sex, age, religion, sexual orientation, and disability. Identify the different types of affirmative action and compare and contrast them to each other. © 2015 Cengage Learning

Chapter Outline The Civil Rights Movement Federal Laws Prohibiting Discrimination Expanded Meanings of Employment Discrimination Issues in Employment Discrimination Affirmative Action in the Workplace Summary Key Terms © 2015 Cengage Learning

Employment Discrimination & Affirmative Action Federal Protection - People are protected from discrimination based on race, color, religion, national origin, sex, age, or disability. Several States & the District of Columbia – People are protected from discrimination based on sexual orientation. These “Protected” groups - are not protected from job loss; young minority men bore a disproportionate burden of the layoffs in the most recent recession. © 2015 Cengage Learning

The Civil Rights Movement 1955 - Rosa Parks, a black woman, refused to give up her bus seat to a white man, and was arrested. Protests and boycotts over unequal treatment grew and continued, and were met with violence against the protestors. 1964 - The Civil Rights Act became law. The 1970s - The Women’s Movement The 1980s -Gains for women and blacks The 1990s - Some progress, but problems remained The 21st century - New challenges and old problems © 2015 Cengage Learning

Federal Laws Prohibiting Discrimination Title VII of the Civil Rights Act of 1964: Prohibits discrimination in hiring and other aspects of employment on the basis of race, color, religion, sex, or national origin. Age Discrimination in Employment Act of 1967: Protects workers 40 years old and older from arbitrary age discrimination. Equal Pay Act of 1963: Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work. Rehabilitation Act of 1973, Section 503: Prohibits job discrimination on the basis of a handicap. Americans with Disabilities Act of 1990: Gives individuals with disabilities civil rights protections similar to those given to individuals on the basis of race, sex, national origin, and religion. Civil Rights Act of 1991: Provided increased financial damages and jury trials in cases of intentional discrimination. © 2015 Cengage Learning

Title VII of the Civil Rights Act of 1964 Prohibits discrimination in all aspects of employment based on: Race Color Religion Sex National origin Pregnancy Retaliation © 2015 Cengage Learning

Age Discrimination in Employment Act The ADEA protects workers 40 years old and older from 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 younger age is necessary and related to the position. © 2015 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. Ledbetter v. Goodyear Tire & Rubber Co., 2007, heard by the Supreme Court. Lily Ledbetter was paid less than males for equal work, but did not discover it for several years; the Supreme Court ruled she should have filed suit within 180 days, the first payment date. In 2009, The Lily Ledbetter Fair Pay Act changed the law, so that suit may be brought each time there is discrimination. © 2015 Cengage Learning

Rehabilitation Act of 1973, § 503 Prohibits job discrimination on the basis of a disability. Applies to employers who contract with the federal government. Also requires these employers to engage in affirmative action to employ the disabled. A related act, the Vietnam Era Veterans Readjustment Assistance Act of 1974, also prohibits discrimination on the basis of disability, and requires affirmative action. The Rehabilitation Act of 1973 was the model for the Americans With Disabilities Act of 1990. © 2015 Cengage Learning

Americans with Disabilities Act (ADA) Prohibits discrimination based on physical or mental disabilities in private places of employment and in public accommodations; requires employers to make reasonable accommodations for such employees. An individual is disabled under the Act if the person- 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 accommodations may include- Making facilities accessible Job restructuring, work schedule modification, Acquiring or modifying equipment or devices; providing training materials, readers, or interpreters © 2015 Cengage Learning

The Civil Rights Act of 1991 Provided increased financial damages and jury trials in cases of intentional discrimination based on race, religion, sex, disability and national origin. Under the original Act, monetary awards were limited to back pay, lost benefits and attorneys fees and costs. The 1991 Act permitted both compensatory and punitive damages. In addition, the Act shifted the burden of proof back to the employer. © 2015 Cengage Learning

The Equal Employment Opportunity Commission - Is the major federal body created to administer and enforce U.S. job bias laws. Investigates employment discrimination complaints. Makes equal employment opportunity policy Enforces anti-discrimination laws through conciliation or federal lawsuits against employers © 2015 Cengage Learning

Expanded Meanings of Employment Discrimination Disparate (unequal) treatment - Intentionally using race, color, religion, sex, or national origin as a basis for treating people differently. Disparate (adverse) impact - An employer’s practice results in fewer minorities being 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. © 2015 Cengage Learning

Two Kinds of Employment Discrimination Decision rules with a racial/sexual premise or cause Intentional discrimination Prejudiced actions Unequal treatment Different standards for different groups Disparate Treatment Direct discrimination Decision rules with racial/sexual consequences or results Unintentional discrimination Neutral, color-blind actions Unequal consequences or results Same standards, but different consequences for different groups Disparate Impact Indirect discrimination © 2015 Cengage Learning

Issues in Employment Discrimination (1 of 3) Inequality persists despite diversity efforts. May not be caused by discrimination Discrimination is different depending on race and ethnicity. Our increasingly diverse society makes some people hard to categorize. For example, there are many groups that make up Hispanics, though they have different ancestry. Color bias is not the same as racial bias, though they overlap. © 2015 Cengage Learning

Issues in Employment Discrimination (2 of 3) Gender issues are different from those involving race, color and national origin. Major issues for women include: Getting out of traditional “women’s” jobs, and into professional and managerial positions Achieving pay commensurate with that of men Eliminating sexual harassment Being able to take maternity leave without losing their jobs. © 2015 Cengage Learning

Issues in Employment Discrimination (3 of 3) Other Forms of Employment Discrimination: Religious discrimination - A more diverse population brings to the workplace people with unfamiliar religions Retaliation - One who complains of discrimination against another and is retaliated against, may bring a complaint. Sexual Orientation and Gender Identity Discrimination - Corporations have been faster than governments in instituting protections for lesbian, bay, bisexual and transgender (LGBT) employees. © 2015 Cengage Learning

Other Forms of Employment Discrimination Religious Discrimination Color Bias Sexual Orientation and Transgender Discrimination Age Discrimination © 2015 Cengage Learning

Affirmative Action in the Workplace Affirmative action is taking positive steps to hire and promote people from groups that have been affected by a legacy of discrimination. Presidential Executive Order 11246 required federal contractors to employ affirmative action. Controversy has led to claims of “reverse discrimination” by whites as victims of discrimination when minorities were hired. © 2015 Cengage Learning

The Future of Affirmative Action Buying power of minority groups is increasing rapidly. Growing business interest in diversity programs and affirmative action. Bottom-line considerations Diversity practices remain potentially controversial. © 2015 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 © 2015 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 © 2015 Cengage Learning