Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-1

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-2 Chapter 2 Learning Objectives  Explain the reasons behind passage of EEO legislation.  Identify and describe the major laws affecting equal employment opportunity. Describe bona fide occupational qualification and religious preference as EEO issues  Discuss sexual harassment and immigration reform and control as equal employment opportunity concerns.

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-3 Learning Objectives, cont.  Explain the use of the Uniform Guidelines on Employee Selection Procedures.  Explain the concept of adverse impact and apply the four-fifths rule.  Discuss significant court cases impacting equal employment opportunity.  Explain various enforcement procedures affecting equal employment opportunity.  Describe affirmative action and the basic steps in developing an affirmative action program.

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-4 Equal Employment Opportunity The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-5 Presentation Slide 2-1 The Legal Environment Concerns Fairness issues Economic disparity Changing material values Interest group agendas Political party mandates Loop-holes in current legislation State Court System Federal Court System Passed by congress Passed by state legislature Presidential executive orders Type name here Type title here Federal agencies State agencies Independent commissions Rulings Written regulations Complaint investigations Technical assistance Lawsuits Planning compliance strategies Formulating appropriate HR policies Briefing and training employees and managers Defending lawsuits Working with government agencies lobbying for policy changes Opinions and Decisions Laws Agencies Management Responses Regulatory Action Challenges to Laws Source: Adapted from James Ledvinda And Vida Scarpello, Federal Regulation of Personnel and Human Resources Management, 2e. (Boston: PWS-Kent Publishing, 1990).

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-6 Presentation Slide 2-2 Major Laws Affecting EEO #1

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-7 Presentation Slide 2-3 Major Laws Affecting EEO #2

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-8 Protected Classes Individuals of a minority race, women, older persons, and those with disabilities who are covered by federal laws on equal employment opportunity

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-9 Bona Fide Occupational Qualification (BFOQ) Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-10 Business Necessity Work-related practice that is necessary to the safe and efficient operation of an organization

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-11 Reasonable Accommodation Attempt by employers to adjust, without undue hardship, the working conditions or schedules of employees with disabilities or religious preferences

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-12 Disabled Individual Any person who has a physical or mental impairment that substantially limits one or more of such person’s major life activities. has a record of such impairment, or is regarded as having such an impairment

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-13 Presentation Slide 2-4 EEO Laws and Executive Orders applicable to Agencies and Contractors of the Federal Government

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-14 Fair Employment Practices (FEPs) State and local laws governing equal employment opportunity that are often more comprehensive than federal laws

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-15 Presentation Slide 2-5 Sexual Harassment

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-16 Sexual Harassment Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-17 Uniform Guidelines on Employee Selection Procedures Procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-18 Adverse Impact A concept that refers to the rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, nonprotected class

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-19 Disparate Treatment Situation in which protected-class members receive unequal treatment or are evaluated by different standards

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-20 Four-fifths Rule Rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-21 Presentation Slide 2-6 Determining Adverse Impact: The Four-Fifths Rule

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-22 Workforce Utilization Analysis Process of classifying protected class members by number and by the type of job they hold within the organization

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-23 EEO-1 Report An employer information report that must be filed annually by employers of 100 or more employees (except state and local government employers) and government contractors and subcontractors to determine an employer’s workforce composition

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-24 Charge Form Discrimination complaint filed with the EEOC by employees or job applicants

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-25 Presentation Slide 2-7

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-26 Presentation Slide 2-8 How to Achieve Fairness in EEO  Correct stereotyped thinking.  Eliminate irrelevant job requirements.  Open job and promotion opportunities to all protected classes.  Promote on the basis of merit rather than seniority.  Provide equal pay for equal work.  Modify employee benefits to needs of women, minorities, and working families.  Management training in EEO requirements.

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-27 Affirmative Action Policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct past discriminatory practices by increasing the numbers of minorities and women in specific positions

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-28 Reverse Discrimination Act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination

Managing Human Resources, 12e, by Bohlander/Snell/Sherman. © 2001 South-Western/Thomson Learning 2-29 Presentation Slide 2-9 Components of an Effective Affirmative Action Plan u Widely publish organizational policy regarding affirmative action (internal and external). u Appoint a senior executive to direct and implement affirmative action program. u Determine organizational composition of minorities and women by department and job classification. u Develop goals and timetables to improve employment of minorities and women in areas of under- representation. u Continually audit all aspects of the affirmative action program.