1 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Human Resource Management College of Public and Community Service University of Massachusetts at Boston ©2008 William Holmes

2 NEED FOR DIVERSITY Reality of Labor Markets Disadvantages of Discrimination Employer Advantages of Diversity Worker Advantages of Diversity Society Advantages of Diversity

3 MANAGEMENT OF DIVERSITY Legal Requirements Recruitment Retention Utilization Problem Solving

4 WHY PROTECTED CLASSES? Extensive Discrimination Persistent Discrimination Severe Discrimination Institutionalization of Discrimination Need for Monitoring Need for Restorative Justice

5 WHO ARE PROTECTED? All racial groups All gender groups Those over 40 Those identified with a national origin Those identified with a specific religion Those with a disability

6 RACIAL OPPORTUNITY Persons of Color Bona Fide Occupational Qualifications Access to Education Access to Training Access to Promotion Access to Protection

7 GENDER OPPORTUNITY Gender Stereotypes Legal Legacy of Gender Discrimination Accepted Gender Role Responsibilities Accepted Gender Social Differences Transgendered Persons

8 GENDER AND FAMILIES Two Parent Families Single Parent Families Same Gendered Families Non-married Families

9 AGE AND OPPORTUNITY Legality of Age Discrimination Reality of Aging Stereotypes of Aging Stereotypes of Jobs Relative Age Comparisons Difficulty in Proving Cases

10 DISABILITY AND OPPORTUNITY Stereotypes of Disability Subtleties of Disability Legality of Disability BF0Q and Disability Reasonable Access Reasonable Accommodation

11 NATIONAL ORIGIN AND IMMIGRATION Challenges of Immigration Nativism and Discrimination BFOQ and Immigration Illegal Immigration and Opportunity Politics and Immigration

12 STATUTORY REQUIREMENTS Civil Rights Act of 1866 Equal Pay Act of 1963 Civil Rights Act of 1964, as amended ADEA of 1967, as amended Rehabilitation Act of 1973 and ADA Act of 1990 Immigration Reform and Control Act of 1986, as amended

13 STATUTORY EXCEPTIONS Right to waive rights Unequal treatment for: responsibility, working conditions, seniority, merit, quantity or quality of production, education, skills Bona Fide Occupational Qualification Non-citizens and Illegal immigrants

14 CASE LAW REQUIREMENTS Griggs v Duke Power Company, disparity from non-relevant requirements Albermarle Paper Company, disparate tests require validation University of California Regents v Bakkee, reverse discrimination and affirmative action

15 ADMINISTRATIVE REQUIREMENTS: 1 Show Disparity Between Groups Show Harm or Loss to Complainant Show Membership in Class Absence of BFOQ

16 ADMINISTRATIVE REQUIREMENTS: 2 Confounded by evidence of prejudice, intent, or conspiracy Confounded by pattern of grievance Charges filed within days Must attempt internal resolution first

17 IMPROVING RECRUITMENT: 1 Use Referral Organizations Encourage Employee Referrals Have Minorities, Women, Disabled on Personnel Relations Staff Participate in Job Fairs and Community Activities Recruit also from Minority and Women’s schools

18 IMPROVING RECRUITMENT: 2 Use Special Efforts in Recruitment Drives Use Co-op, Interns, Work-study, and Trainees Include Minorities, Women, Disabled in Recruiting Brochures Advertise in Minority and Women’s Media Outlets