Managing Equal Opportunity and Diversity Chapter 2 Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Selected Equal Employment Opportunity Laws Public policy legislation began in the 1960’s largely due to civil unrest from minorities and women Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Equal Pay Act of 1963 (Amended 1972) What it did and still does: It made it unlawful for employers to discriminate pay scales solely on the basis of sex when jobs involve equal work and similar working conditions What it doesn’t do: Does not punish employers for specific disparities including the seniority system; the merit system; or any production-oriented model Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Title VII of the 1964 Civil Rights Act Amended by the 1972 Equal Employment Opportunity Act What it did and still does: Makes it illegal for an employer to discriminate based on race, color, religion, sex or national origin Created the Equal Employment Opportunity Commission (EEOC) Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Equal Employment Opportunity Commission (EEOC) What is the EEOC? Consists of five members, each serves five-year term Appointed by the president with advice and consent of the senate Has a staff of 1000s to administer Civil Rights law in employment settings Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall Receives and investigates job discrimination complaints Attempts to reach agreement eliminating all aspects of discrimination via conciliation If conciliation fails, the EEOC can go to court to enforce the law Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Presidential Executive Orders Specifically - Orders 11246 and 11375 Created affirmative action Established the Office of Federal Contract Compliance Programs (OFCCP) Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Age Discrimination in Employment Act (ADEA) of 1967 What it did and still does: Makes it unlawful to discriminate against employees or applicants for employment who are 40+ years of age Effectively ended mandatory retirement Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Vocational Rehabilitation Act of 1973 What it did and still does: Requires federal contract holders ($2,500.00 and more) to take affirmative action for employing handicapped persons and take steps to accommodate a handicapped worker unless doing so creates undue hardship What it doesn’t do: It does not require an unqualified person be hired Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Pregnancy Discrimination Act (PDA) of 1978 Amends Title VII Broadened definition of sex discrimination to encompass pregnancy, childbirth or related medical conditions Prohibits employers for using pregnancy to discriminate in hiring, promotion, suspension or discharge or any other term or condition of employment Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Uniform Guidelines on Employee Selection Procedures Most federal agencies have adopted the following guidelines which “incorporate a single set of principles which are designed to assist employers, labor organizations, employment agencies, and licensing and certification boards to comply with requirements of Federal law prohibiting employment practices which discriminate on grounds of race, color, religion, sex and national origin.” http://www.uniformguidelines.com/uniform guidelines.html, accessed 11/23/07 Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall Sexual Harassment Is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place under any of the following conditions: Submission is either explicitly or implicitly a term or condition of an individual’s employment Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Sexual Harassment, cont. Submission to or rejection of such conduct is the basis for employment decisions affecting such individual Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Sexual Harassment, cont. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Sexual Harassment Is Not Gender-Biased The U.S. Supreme Court held in ONCALE v. Sundowner Offshore Services, Inc., that same-sex harassment is covered by Title VII Women by men Men by women Men by men, and Women by women Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Proving Sexual Harassment Quid Pro Quo Hostile Environment Created by Supervisors Hostile Environment Created by Coworkers or Nonemployees Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

More from the U.S. Supreme Court Meritor Savings Bank, FSB v. Vinson – broadly endorsed EEOC sexual harassment guidelines Burlington Industries v. Ellerth – Quid Pro Quo case which makes it clear that it is not necessary for the employee to have suffered tangible job action to win the case Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall Faragher v. City of Boca Raton – The court said that the employer could defend itself against sexual harassment liability vis-à-vis hostile work environment by exercising care and vigilance preventing and correcting any sexually harassing behavior and that the employee must have unreasonably failed to take advantage of any preventive or corrective opportunities Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Causes of Sexual Harassment Permissive social climate It’s not all about sex – most common form is gender harassment Most victims do not sue or complain Problem is exacerbated by psychological and practical considerations Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Minimizing Causes of Sexual Harassment What management can do: Publish a strong anti-harassment policy Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Minimizing Causes of Sexual Harassment Inform all employees about the policy Develop and implement complaint procedures Take all harassment complaints seriously Train management Discipline managers and employees involved in harassment Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Minimizing Causes of Sexual Harassment Keep thorough records Monitor the harassment climate Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall What the employee can do: File a verbal complain or protest with the harasser and the harasser’s boss stating the action is unwelcome Write a letter to the accused If conduct does not cease, file verbal and written reports regarding conduct and unsuccessful efforts to get it to stop Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall If the letters and appeals do not work the accuser should turn to the local EEOC office to file the necessary claim If the harassment is of a serious nature the employee can also consult an attorney to discuss options Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall The Civil Rights Act of 1991 Reversed Supreme Court rulings in the 1980s that limited the protection of women and minority groups under equal employment laws Addressed burden of proof issue by requiring disparate impact to be shown by plaintiff – after which the burden of proof lies is the employer’s to prove the challenged practice is job-related Allows for compensatory and punitive damages Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Americans with Disabilities Act - 1990 Defines “impairment” to include any physiological disorder or condition, cosmetic disfigurement, anatomical loss affecting one or more body systems or any mental or physical disorder EEOC clarifies the act to define an individual as disabled if he or she has a physical or mental condition that substantially limits one or more major life activities Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Americans with Disabilities Act - 1990 Defines what “isn’t” a disability Prohibits discrimination against qualified individuals who with (or without) reasonable accommodation can carry out the essential functions of the job Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Employer’s Obligations under ADA Employers may not: Make pre-employment inquiries about a person’s disability during the application or interview process or on the job description Rescind an offer of employment based on medical exam results Refuse to make reasonable accommodation unless doing so would create undue hardship Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

State and Local Equal Employment Opportunity Laws Most expand and add further restrictions to existing federal regulations State and local employment opportunity agencies assist the EEOC in discrimination proceedings Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Questions to ask when you receive an EEOC complaint? Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Defenses against discrimination allegations Is there adverse impact? Bona fide occupational qualification (BFOQ) Business necessity Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Discrimination: What you can and cannot do Recruitment Don’ts Relying on word of mouth Providing misleading information Using “male” or “young” in help wanted ads Selection Standards Don’ts Using educational requirements that are not job-related to exclude groups, including tests Preference to relatives Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall Selection Standards Don’ts Requiring certain height, weight and/or physical characteristics Asking health questions Asking about arrest records in order to disqualify Using application forms to glean unnecessary information Requiring inappropriate uniforms Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Managing Diversity and Affirmative Action Provide strong leadership Assess the situation Provide diversity training and education Change culture and management systems Evaluate diversity management program Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Boosting Workforce Diversity Workforce diversity increases cooperation and reduces conflict Makes strategic sense to ensure workforce diversity Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Affirmative Action Issues Equal employment opportunity versus affirmative action Mandatory vs. voluntary programs Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Steps to Affirmative Action Issues written equal employment policy Appoints top official with responsibility and authority to direct and implement the program Publicizes the equal employment policy and affirmative action commitment Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Steps to Affirmative Action, cont. Surveys present minority and female employees to determine locations where affirmative action is desired Develops goals and timetables to improve utilization of minorities, males and females in each identified area Develops and implements specific programs to achieve goals Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Steps to Affirmative Action, cont. Establishes an internal audit and reporting system to monitor and evaluate program Develops support for the affirmative action program both inside and outside the company Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall

Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America. Copyright © 2009 Pearson Education, Inc. publishing as Prentice Hall