Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 1 A Framework for Human Resource Management, 5 th ed. Gary Dessler

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 2 Managing Equal Opportunity and Diversity Ch 2

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 3 When you finish studying this chapter, you should be able to: Summarize the basic equal employment opportunity laws regarding age, race, sex, national origin, religion, and handicap discrimination. Explain the basic defenses against discrimination allegations. Present a summary of what employers can and cannot do with respect to illegal recruitment, selection, and promotion and layoff practices. Explain the Equal Employment Opportunity Commission enforcement process.

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 4 Selected Equal Employment Opportunity Laws Fifth Amendment -states that “no person shall... be deprived of life, liberty, or property, without due process of the law.”

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 5 The Equal Pay Act of cannot discriminate in pay on the basis of sex when jobs involve equal work—equivalent skills, effort, and responsibility—and are performed under similar working conditions

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 6 Title VII of the 1964 Civil Rights Act -employer cannot discriminate based on race, color, religion, sex, or national origin

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 7 Title VII of the 1964 Civil Rights Act (cont.) It shall be an unlawful employment practice for an employer: 1.To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment.

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 8 Title VII of the 1964 Civil Rights Act (cont.) 2.To limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee.

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 9 Equal Employment Opportunity Commission (EEOC) Enhanced the federal government’s ability to enforce equal employment opportunity laws Receives and investigates job discrimination complaints from aggrieved individuals

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Executive Orders Executive Orders and require that contractors take affirmative action to ensure equal employment opportunity

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Age Discrimination in Employment Act -makes it unlawful to discriminate against employees or applicants for employment who are 40 years of age or older

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Vocational Rehabilitation Act -requires employers with federal contracts over $2,500 to take affirmative action for the employment of handicapped persons

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Pregnancy Discrimination Act -broadened the definition of sex discrimination to encompass pregnancy, childbirth, or related medical conditions -prohibits using these for discrimination in hiring, promotion, suspension or discharge, or any other term or condition of employment

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Federal Agency Guidelines -specify procedures federal agencies recommend employers follow in complying with the equal opportunity laws

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Uniform Guidelines on Employee Selection Procedures -superceded earlier ones developed by the EEOC -set forth “highly recommended” guidelines regarding matters such as employee relations, record keeping, preemployment inquiries, and affirmative action programs

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Sexual Harassment Sexual harassment -conduct that has the purpose of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Sexual Harassment (cont.) Employers have a duty to maintain workplaces free of sexual harassment and intimidation

Copyright © 2009 Pearson Education, Inc. 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. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Court Decisions Burlington Industries v. Ellerth Faragher v. City of Boca Raton

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Implications for Employers In a quid pro quo case it is not necessary for the employee to have suffered tangible job action to win a case.

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Implications for Employers (cont.) An employer could defend itself against sexual harassment liability by showing two things: -the employer exercised care to prevent and correct promptly any sexually harassing behavior -the employer had to demonstrate that the plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer”

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Causes Permissive social climate -where employees conclude there’s a risk to victims for complaining, that complaints won't be taken seriously, and that there’s a lack of sanctions against offenders Gender harassment Most sexual harassment victims don’t sue or complain

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall What the Manager/Employer Should Do 1.Take steps to ensure harassment does not take place 2.Take immediate corrective action

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall What the Employee Can Do File a verbal complaint or protest with the harasser and the harasser’s boss Write a letter to the accused File claim with EEOC Consult an attorney

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall What to Cover in a Sexual Harassment Policy

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Selected Court Decisions Regarding Equal Employment Opportunity Griggs v. Duke Power Company Albemarle Paper Company v. Moody

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Civil Rights Act of 1991 (CRA 1991) CRA 1991 addressed the issue of burden of proof Makes it easier to sue for money damages in certain cases

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Americans with Disabilities Act (ADA) Americans with Disabilities Act -prohibits employers from discriminating against qualified disabled individuals -employers must make “reasonable accommodations”

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Reasonable Accommodation Redesigning the job Modifying work schedules Modifying or acquiring equipment to assist the person in performing the job

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Reasonable Accommodation (cont.) When a Wal-Mart door greeter returned to work after back surgery she asked her employer if she could sit on a stool while on duty. Wal-Mart rejected her request and she sued. Federal District Court agreed with Wal- Mart that the employee could not perform her duties while sitting down.

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Legal Obligations May not make preemployment inquiries about a person’s disability Should review job application forms, interview procedures, and job descriptions Must make a reasonable accommodation

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Implications for Managers “Disabilities” will be defined quite narrowly Employers do not need to allow misconduct Employer does not have to create a new job

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall State and Local EEO Laws Effect is to further restrict employers regarding their treatment of job applicants and employees

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Adverse Impact Adverse impact -“total employment process that results in a significantly higher percentage of a protected group being rejected for employment, placement, or promotion”

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Disparate Treatment Disparate treatment -intentional discrimination

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Disparate Impact Disparate impact -employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Employer Defenses Bona fide occupational qualification Business necessity

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Employer Defenses (cont.) In Spurlock v. United Airlines, a minority candidate sued United Airlines, stating that its requirements that a pilot candidate have 500 flight hours and a college degree were unfairly discriminatory. The Court agreed that these requirements did have an adverse impact. The Court held that in light of the tremendous human and economic risks involved in hiring unqualified candidates, the selection standards were required by business necessity.

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Recruitment Word of mouth Misleading information Help wanted ads

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Selection Standards Educational requirements Tests Preferences to relatives Physical characteristics Health questions Arrest records Application forms Uniforms

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Educational Requirements May be held illegal when: 1.It can be shown that minority groups are less likely to possess the educational qualifications (such as a high school diploma) 2.Such qualifications are also not job related

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Tests Must demonstrate a reasonable measure of job performance

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall EEOC Enforcement Process Processing a Charge -charge must be filed in writing within 300 or 180 days depending on state law -EEOC has 10 days to serve notice -EEOC determines reasonable cause within 120 days -EEOC attempts to conciliate -EEOC may bring civil suit in federal court

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 44

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Voluntary Mediation Mechanism 1.Agree to mediate charge 2.Make a settlement offer 3.Prepare a position statement

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Responding to Discrimination Charges Be methodical Investigators aren’t judges Meet with employee who made complaint Give the EEOC a position statement

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Responding to Discrimination Charges (cont.) Ensure there is information demonstrating lack of merit Limit information to only those issues in the charge itself Seek as much information as possible Prepare for the EEOC’s fact-finding conference

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Managing Diversity Managing diversity -maximizing diversity’s potential advantages while minimizing the potential barriers

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Diversity Management Program Provide strong leadership Assess the situation Provide diversity training Change culture and management systems Evaluate the program

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Affirmative Action Affirmative action -requires the employer to make an extra effort to hire and promote those in a protected group -specific actions to eliminate the present effects of past discrimination

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Suggested Affirmative Action Program Issue a written equal employment policy Appoint a top official Publicize policy Survey present minority and female employment Develop goals and timetables

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Suggested Affirmative Action Program (cont.) Develop and implement specific programs to achieve goals Establish an internal audit and reporting system Develop support of in-house and community programs

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Affirmative Action Today Steps to increase employee support: Transparent selection procedures Communication Justifications

Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall Sample Metrics for HRIS EEOC claims per year Cost of HR-related litigation Percent of minority promotions Survival/loss rate among employee groups

Copyright © 2009 Pearson Education, Inc. 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.