McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Equal Employment Opportunity: Legal Aspects of Human Resource Management chapter 3

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Introduction (1 of 2) Equal employment opportunity (EEO) has implications for almost every activity in HRM HR officials and managers in every function of the organization are involved EEO programs are implemented to: Prevent employment discrimination in the workplace Take remedial action to offset employment discrimination

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Introduction (2 of 2) Top managers must get involved in EEO issues and programs Operating managers must assist Attitude changes about protected-category employees Help all employees adjust to changes EEO brings to the workplace

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved How Did EEO Emerge? Three main factors that led to the development of EEO: 1. Changes in societal values 2. The economic status of women and minorities 3. The emerging role of government regulation

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Equal Employment Opportunity Laws Title VII of the 1964 Civil Rights Act Pregnancy Discrimination Act of 1978 Civil Rights Act of 1991 Executive Order (1965) Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 (ADEA) Americans with Disabilities Act of 1990 (ADA)

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Title VII of the Civil Rights Act of 1964 Prohibits discrimination against employees on the basis of (protected categories): race color religion sex national origin Prohibits discrimination with regard to any employment condition

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Title VII of the Civil Rights Act of 1964 (continued) Covered entities include: Private employers with 15 or more employees Labor organizations with 15 or more members Employment agencies Federal, state, and local government employers Exempt entities include: Private membership clubs Native American tribes

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Discrimination Disparate Impact Four-fifths Rule Retaliation Disparate Treatment Bona Fide Occupational Qualification (BFOQ)

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Disparate Treatment Intentional discrimination Employers apply different standards or treatment to different groups of employees or applicants based upon a protected category Key U.S. Supreme Court case: McDonnell Douglas v. Green Plaintiff must first establish a prima facie case proving disparate treatment

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Bona Fide Occupational Qualification (BFOQ) (1 of 2) Title VII states that organizations may hire employees: based upon religion, sex, or national origin must be reasonably necessary to the normal operation of the particular business or enterprise Courts apply the BFOQ defense very narrowly

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Bona Fide Occupational Qualification (BFOQ) (2 of 2) Key U.S. Supreme Court cases: Dothard v. Rawlinson International Union, UAW v. Johnson Controls, Inc. Diaz v. Pan Am. World Airways

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Disparate Impact Unintentional discrimination Occurs when a racially neutral employment practice has the effect of disproportionately excluding a group based upon a protected category Key U.S. Supreme Court cases: Griggs v. Duke Power Co. Albermarle Paper v. Moody Watson v. Fort Worth Bank and Trust

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Four-Fifths Rule Used to evaluate whether disparate impact exists Discrimination typically occurs if the selection rate for one group is less than 80 percent (4/5) of the selection rate for another group

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Retaliation Federal EEO laws prohibit retaliation against employees who: oppose discriminatory practices, or participate in a protected investigation, proceeding, or hearing Retaliation includes: termination denial of promotion or job benefits demotion, suspension, or threats

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Sexual Harassment (1 of 2) Considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964 is actionable when it occurs between same as well as opposite sex individuals Forms of sexual harassment: Quid pro quo – exchange of sexual favors for job benefits Hostile work environment – creation of an offensive working environment

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Sexual Harassment (2 of 2) Key U.S. Supreme Court cases: Pease v. Alford Photo Industries, Inc. Meritor Savings Bank v. Vinson Faragher v. City of Boca Raton Burlington Industries v. Ellerth

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Pregnancy Discrimination Act of 1978 Amended Title VII to protect pregnant women from employment discrimination Prohibits employers from discrimination in providing employee benefits such as: vacation time sick leave health insurance Pregnancy to be treated on same basis as any other medical problem or disability

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Other Title VII Issues Religious Discrimination “English-Only” Rules

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Civil Rights Act of 1991 (1 of 3) Amends Title VII Allows plaintiffs to seek compensatory and punitive damages for intentional discrimination Allows plaintiffs to demand jury trial for intentional discrimination claims Reverses the U.S. Supreme Court’s decision in the Wards Cove Packing Co. v. Atonio case

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Civil Rights Act of 1991 (2 of 3) Prohibits adjusting test scores or using different cutoff scores on the basis of a protected category Clarifies the concept of mixed motive in disparate treatment cases Extends the coverage of Title VII and the Americans with Disabilities Act to U.S. citizens employed by covered entities operating in foreign countries

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Civil Rights Act of 1991 (3 of 3) Charges the EEOC with the tasks of providing technical assistance, education, and outreach Expands the coverage of Title VII to the U.S. House of Representatives and agencies of the legislative branch Encourages the use of alternate dispute resolution to resolve employment discrimination disputes.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Executive Order (1965) Federal contractors, subcontractors, and federally assisted construction projects must: develop a written plan of affirmative action establish numerical goals and timetables to achieve integration and equal opportunity

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Equal Pay Act of 1963 Established the concept of equal pay for equal work Prohibits wage differentials based on gender between men and women performing the same work in organizations

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Age Discrimination in Employment Act of 1967 (ADEA) Protects individuals 40 years of age and older from employment discrimination based upon their age The act covers the actions of: private employers with 20 or more employees employment agencies labor organizations with at least 25 members federal, state, and local governments

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Americans with Disabilities Act of 1990 (ADA) (1 of 3) Prohibits discrimination against qualified individuals with disabilities on the basis of those disabilities in all aspects of employment private employers with 15 or more employees state and local government employers U.S. Congress Federal government employers and contractors are covered under the Rehabilitation Act of 1973

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Americans with Disabilities Act of 1990 (ADA) (2 of 3) Employers must make reasonable accommodations for the known disabilities of a qualified individual with a disability Qualified individual with a disability: can perform the essential functions of a job with or without reasonable accommodation

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Americans with Disabilities Act of 1990 (ADA) (3 of 3) Employers are not required to make disability accommodations if doing so would create undue hardship for the organization Key U.S. Supreme Court cases: Sutton et al. v. United Airlines Albertsons, Inc. v. Kirkingburg Murphy v. United Parcel Service Inc.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Enforcing the Law Equal Employment Opportunity Commission (EEOC) Title VII Office of Federal Contract Compliance Programs (OFCCP) Executive Order The Courts interpret the laws governing EEO

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Affirmative Action in Organizations Actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity Two types of affirmative action plans: voluntary involuntary

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Voluntary Affirmative Action Plans Key U.S. Supreme Court cases: United Steelworkers of America v. Weber Johnson v. Transportation Agency The Supreme Court’s decisions established the criteria necessary for lawful voluntary affirmative action plans (AAP) in organizations

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Criteria for Voluntary AAPs The AAP must exist to eliminate past imbalances based on a protected group category The AAP must not necessarily trammel the rights of the majority The plan must be temporary The plan must not provide for set-aside provisions

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Involuntary Affirmative Action Plans (1 of 2) OFCCP Revised Order No. 4 – suggests the format and parts of an AAP Integral steps in developing an AAP: 1. Analyze under representation and availability 2. Set goals 3. Specify how goals are to be attained

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Involuntary Affirmative Action Plans (2 of 2) Key U.S. Supreme Court cases: Adarand Constructors Inc. v. Peńa Hopwood v. State of Texas

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc. All rights reserved Summary EEO programs are designed to eliminate bias in HRM programs The role of EEO and the law as a significant force in shaping HRM policies and programs is an accepted fact in society The law, executive orders, and court interpretations will continue to influence every phase of HRM programs and activities