Equal Employment Opportunity Kenneth M. York School of Business Administration Oakland University

ORG434: Advanced Human Resources Management 2 EEO Laws and Guidelines Selection and Performance Appraisal: Uniform Guidelines on Employee Selection Procedures Principles for the Validation and Use of Personnel Selection Procedures Standards for Educational and Psychological Tests

ORG434: Advanced Human Resources Management 3 EEO Laws and Guidelines Fair Employment Practices: Guidelines on Sexual Harassment Age Discrimination in Employment Act Americans with Disabilities Act Worker Health and Safety: Occupational Safety and Health Act

ORG434: Advanced Human Resources Management 4 Uniform Guidelines (1978) Civil Rights Act 1964 Equal Employment Opportunity Commission Civil Service Commission Department of Labor Department of Justice Employers may use tests to select qualified employees consistent with …improving the quality of the workforce …reasonable expectations of proficiency in the workforce

ORG434: Advanced Human Resources Management 5 Uniform Guidelines (1978) Selection procedure that selects less than 80% of the minority applicants compared to the majority applicants has adverse impact If selection procedure has adverse impact, each component must be shown to be valid Equal employment opportunity posture of the company will be considered Employer may modify the procedure or validate

ORG434: Advanced Human Resources Management 6 Uniform Guidelines (1978) Record keeping Applicant flow data not connected with names/ID Females/Males; Blacks, AmerIndians, Asians, Hispanics, Whites Records safeguarded against misuse and criterion contamination No records of adverse impact is presumption of adverse impact

ORG434: Advanced Human Resources Management 7 Uniform Guidelines (1978) Test Validation methods: Selection procedure is correlated with job performance (Criterion-Related Validity) OR Content of selection procedure is representative of the job (Content Validity) OR Traits/constructs are correlated to job performance (Construct Validity) Don’t select for easily learned KSAs

ORG434: Advanced Human Resources Management 8 Uniform Guidelines (1978) Can select for higher level job if regular progression If lack of validity study, must have: Substantial evidence of validity AND Validity study in progress Can use a non-validated procedure: If part of an affirmative action plan If validation study cannot be done because of small sample size

ORG434: Advanced Human Resources Management 9 Uniform Guidelines (1978) Use of other validity studies is OK when: There is clear evidence of validity Study followed the Uniform Guidelines Same job and similar workforce No adverse impact Description of important job behaviors and criterion of job success

ORG434: Advanced Human Resources Management 10 Uniform Guidelines (1978) Employment Agencies Must follow Guidelines Employer using agency must follow the Guidelines Disparate Treatment Procedure imposed unequally by race, sex, national origin Adverse impact focuses on outcome; disparate treatment focuses on procedure

ORG434: Advanced Human Resources Management 11 Uniform Guidelines (1978) Adverse Impact 4/5ths or 80% Rule strongest test, based on outcome of selection procedure Labormarket (or Hazelwood or Utilization) Analysis weaker test, based on workforce Population Analysis weakest test, not job-specific

ORG434: Advanced Human Resources Management 12 Principles for Validation (1987) Society for Industrial/Organizational Psychology (SIOP) How to do validation studies: Criterion-Related Strategies Content-Related Strategies Construct-Related Strategies Validity Generalization

ORG434: Advanced Human Resources Management 13 Standards for Tests (1974) American Psychological Association How to write a test: Manual Norms/Percentiles Reliability and Validity Standards for use of tests

ORG434: Advanced Human Resources Management 14 Guidelines on Sexual Harassment (1980) A kind of sex discrimination under Title VII Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature Term or condition of employment Hostile work environment

ORG434: Advanced Human Resources Management 15 Guidelines on Sexual Harassment (1980) Employer liability Supervisor is harasser: strict liability Coworker or nonemployee is harasser: limited liability Affirmative action obligation to prevent sexual harassment Third party sexual harassment

ORG434: Advanced Human Resources Management 16 Age Discrimination in Employment Act (1967) Prohibits discrimination against people 40-69, unless employer can demonstrate that age is a BFOQ Michigan Elliott-Larsen Act has no age limits Older workers can waive their rights to sue under ADEA in exchange for early retirement incentives No mandatory retirement before age 70

ORG434: Advanced Human Resources Management 17 Age Discrimination in Employment Act (1967) Reasonable factors other than age can be used to justify termination of a protected worker: Reduction in force Voluntary early retirement plans

ORG434: Advanced Human Resources Management 18 Americans with Disabilities Act (1990) Most significant anti-discrimination law since Civil Rights Act of 1964 Goal is to integrate the disabled into the workforce and change focus of pre- employment inquiries to ability to do the job Covers employment, transportation, public accommodation

ORG434: Advanced Human Resources Management 19 Americans with Disabilities Act (1990) 43 million American have some type of disability Job descriptions must be rewritten to identify essential job duties and other job duties Can be actual disability or perceived to be a disability by others Disability is a physical or mental impairment that substantially limits one or more major life activities

ORG434: Advanced Human Resources Management 20 Americans with Disabilities Act (1990) What is a qualified disability? Includes cerebral palsy, muscular dystrophy, epilepsy, AIDS, successfully rehabilitated drug abuser Not transvestites, homosexuals, emotional or sexual disorders, illegal drug abuser Reasonable Accommodation and Undue Hardship Costs and benefits

ORG434: Advanced Human Resources Management 21 Occupational Safety and Health Act (1970) OSHA Acts created: Occupational Safety and Health Administration Occupational Safety and Health Review Commission National Institute for Occupational Safety and Health Some occupational hazards: Violence in the workplace Sick buildings Carpel Tunnel Syndrome (RSI)

ORG434: Advanced Human Resources Management 22 Occupational Safety and Health Act (1970) OSHA paperwork (keep 5 years) OSHA-300 (formerly OSHA-200) OSGA-301 (formerly OSHA-101) OSHA-102 OSHA consultation OSHA penalties Accident & Injury Prevention Approaches Engineering approach Personnel approach Industrial-social approach Pseudoscientific approach