1 Employment Discrimination and Affirmative Action Business and Society: Ethics and Stakeholder Management, 7e Carroll & Buchholtz Copyright ©2009 by South-Western, a division of Cengage Learning. All rights reserved Prepared by Deborah Baker Texas Christian University Chapter 19

2 Quote for the Day  Be kind whenever possible…It is always possible. ~ Dalai Lama

3 The Music Within   Graduation speaker for last year’s PSU’s commencement?

4 Civil Rights Movement The Civil Rights Act of 1964 was the effective beginning of the employee protection movement. The 1970s: The Women’s Movement The 1980s:Gains for women and blacks The 1990s:Some progress, but problems remained The 2000s:New challenges and old problems

5 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. Federal Anti-Discrimination Laws

6 Title VII of the Civil Rights Act of 1964  Hiring and firing  Compensation, assignment, or classification of employees  Transfer, promotion, layoff, or recall  Job advertisements  Recruitment  Testing  Use of company facilities  Training and apprenticeship programs  Fringe benefits  Pay, retirement plans, and disability leave  Other terms and conditions of employment It is illegal under Title VII to discriminate in:

7 Historical Perspective (Natl. Commission on Pay Equity) Year White men Black men Hispanic men White women Black women Hispanic women %69.0%n.a.58.7%48.2%n.a % %

8 Americans with Disabilities Act  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. An individual with a disability…  Accessible facilities  Job restructuring, work schedule modification, reassignment  Acquiring or modifying equipment or devices; making adjustments to examinations; providing training materials, readers, or interpreters Reasonable accommodation may include:

9 Federal Anti-Discrimination Laws  Five Commissioners President appoints and Senate confirms  Purpose Makes equal employment opportunity policy Investigates employment discrimination complaints Enforces anti-discrimination laws Equal Opportunity Commission (EEOC)

10 Disparate Treatment and Impact Disparate Treatment Using race, color, religion, sex, ornational origin as a basis fortreating people differentlyor unequally Disparate Impact Fewer minorities are included in theoutcome of testing, hiring, orpromotion practices than wouldbe expected by numerical proportion

11 Employment Discrimination Decision rules with a racial /sexual premise Intentional discrimination Prejudiced actions Unequal treatment Different standards for different groups Disparate Treatment Direct discrimination Decision rules with racial / sexual consequences Unintentional discrimination Neutral, color-blind actions Unequal consequences or results Same standards, but different consequences for different groups Disparate Impact Indirect discrimination Figure 19-5

12 Issues in Racial Discrimination The Two Nations of Black America The Case of Hispanics Asian Image of Model Minority

13 Text Quote  in text (Amazing!…College vs. Prison)  Henry Louis Gates  “We have the largest black middle class in our history and the largest black underclass. In ,280,000 black men were in prison, on probation, or on parole, while 23,000 earned a college degree. That’s a ratio of 99 to 1 compared with a ratio of 6 to 1 for white men.”

14 Updated….  About 10.4% of the entire African-American male population in the United States aged 25 to 29 was incarcerated, by far the largest racial or ethnic group—by comparison, 2.4% of Hispanic men and 1.2% of white men in that same age group were incarcerated. According to a report by the Justice Policy Institute in 2002, the number of black men in prison has grown to five times the rate it was twenty years ago. Today, more African-American men are in jail than in college. In 2000 there were 791,600 black men in prison and 603,032 enrolled in college. In 1980, there were 143,000 black men in prison and 463,700 enrolled in college.

15 Major Issues for Women 1.Getting into professional and managerial positions and out of traditional female-dominated positions 2.Achieving pay commensurate with that of men 3.Eliminating sexual harassment Quid pro quo Hostile work environment 4.Being able to take maternity leave without losing jobs Issues of Sex Discrimination

16 Possible Causes of Pay Discrepancy for Women  Lose time and experience through extended maternity leave  Leave the workplace for longer periods of time  Employed at lower paying jobs  Women’s hesitation to negotiate Socialized not to negotiate from a young age Rewards for men can result in penalties for women Pay Equity

17 Sexual Harassment Unwelcome sexual advances, requests for sexual favors,and other verbal or physical conduct of a sexual naturewhen submission to or rejection of this conduct affectsan individual’s employment, interferes with an individual’swork performance, or creates an intimidating, hostile,or offensive work environment.

18 Types of Sexual Harassment Quid Pro Quo Something is given or receivedfor something else. Hostile Work Environment The employee perceives a hostileor offensive work environment byvirtue of uninvited sexually orientedbehaviors or materials present in theworkplace.

19 Examples of Sexual Harassment Complaints  Subjected to sexually suggestive remarks and propositions  Sent on unnecessary errands where men can stare  Subjected to sexual innuendo and joking  Touched by a boss while working  Co-workers “remarks” about a person sexually cooperating with the boss  Suggestive looks and gestures  Deliberate touching and “cornering”  Suggestive body movements  Sexually oriented materials around the office  Pornographic materials in work areas  Pressure for dates and sexual favors  Boss’s cruelty after sexual advances are resisted  A boss rubbing employee’s back while she is typing Figure 19-6

20  Maternity leave  Family Responsibility Discrimination  Fetal protection policies  Wal-Mart civil rights class action Employment Discrimination

21 Other Forms of Discrimination Religious Discrimination Color Bias Sexual Orientation and Transgender Discrimination Age Discrimination

22 Affirmative Action Postures Weak Postures Strong Postures Passive nondiscrimination Pure affirmative action Affirmative action with preferential hiring Hard Quotas

23  Preferential Treatment  Reverse discrimination  Minority opposition to affirmative action  The Adarand Decision and strict scrutiny 1.Meet a compelling government interest 2.Tailored narrowly to meet program or policy objectives  Future of affirmative action Affirmative Action in the Workplace