1. Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Eighth Edition
DeCenzo and Robbins
Chapter 3
Equal Opportunity Employment
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

2. Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Introduction
Government legislation affects all HRM functions
State and municipal laws impact HRM, as well as the Federal laws
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

3. Laws Affecting Discriminatory Practices
Legislation prohibiting discrimination on the basis of race, sex, and national origin before the 1964 Civil Rights Act
Civil Rights Act of 1866
Fourteenth Amendment to the Constitution
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

4. Laws Affecting Discriminatory Practices
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

5. Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Civil Rights Act of 1964
Title VII prohibits discrimination in:
hiring
compensation
terms, conditions or privileges of employment
based on:
race
religion
color
sex
national origin
Applies to any organization with 15 or more employees.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

6. Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Civil Rights Act of 1964
Griggs v. Duke Power Company (1971)
demonstrated that selection criteria must be directly relevant to the job.
Equal Employment Opportunity Act (EEOA)
Granted enforcement powers to the EEOC
Equal Employment Opportunity Commission (EEOC)
The arm of the federal government empowered to handle discrimination in employment cases
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

7. Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Civil Rights Act of 1964
Affirmative Action
Reflect the 1972 premise that white males made up the majority of workers
Companies in the 70’s were still growing and could accommodate more workers
Minorities should be hired to correct past prejudice
Legal and social coercion were necessary to bring about change
Involves:
analyzing current work force demographics
establishing goals and timetables for correcting imbalances
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

8. Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Civil Rights Act of 1964
Controversy and criticism of preferences in employment for protected groups is causing legislative bodies to take a second look at Affirmative Action.
Adverse (disparate) impact
occurs when there is a greater rejection rate in an occupation for a protected group (those protected under discrimination laws) than for the majority group.
Adverse (disparate) treatment
occurs when members of a protected group are treated differently than other employees.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

9. Laws Affecting Discriminatory Practices
Executive Order (E.O.) 11246
Prohibits discrimination on the basis of religion, color, and national origin
Affects
Federal agencies
Those working under federal contracts
Executive Order (E.O.) 11375
Added sex-based discrimination
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

10. Laws Affecting Discriminatory Practices
Age Discrimination in Employment Act of 1967
protects those 40 and older
eliminates mandatory retirement and the arbitrary replacement of older workers with younger workers
provides for oversight in pension and benefit issues
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

11. Laws Affecting Discriminatory Practices
Pregnancy Discrimination Act of 1978
Employment decisions may not be based on an individual’s pregnancy
Must treat pregnancy as any other short-term disability
Supplemented by various state laws
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

12. Laws Affecting Discriminatory Practices
The Americans with Disabilities Act of 1990 (ADA)
Extends protection of Vocational Rehabilitation Act to most forms of disability status (including AIDS and other contagious diseases).
Requires companies to make reasonable accommodations for qualified applicants and employees.
Covers private companies and all public service organizations.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

13. Laws Affecting Discriminatory Practices
The Family and Medical Leave Act of 1993
Employees in organizations employing 50 or more workers can take up to 12 weeks unpaid leave each year for
Childbirth
Adoption
Own illness or illness of a family member
Employees must meet eligibility requirements to be covered.
Employers must meet certain communication requirements under the Act.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

14. Laws Affecting Discriminatory Practices
Executive Order 11478
Amends E.O
Practices in the federal government must be based on merit
Prohibits discrimination based on:
Political affiliation
Marital status
Physical handicap
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

15. Laws Affecting Discriminatory Practices
Civil Rights Act of 1991
Passed after Supreme Court decisions diminished effect of Griggs decision.
Prohibits racial harassment
Returns burden of proof to employer
Reinforces illegality of making hiring, firing or promotion decisions on basis of race, ethnicity, sex or religion
Permits women and religious minorities to seek punitive damages in intentional discriminatory claims
Included the Glass Ceiling Act
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

16. Guarding Against Discrimination Practices
Determining Potential Discriminatory Practices
The 4/5ths Rule
Restricted Policy
Geographical Comparisons
McDonnell-Douglas Test
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

17. Guarding Against Discrimination Practices
The 4/5ths Rule
Guideline established by EEOC Uniform Guidelines on Employee Selection Procedures.
Compares selection ratio for minority applicants to that for majority applicants
If less than 4/5ths (80%), discrimination may have occurred.
Applies to all steps in a selection process.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

18. Guarding Against Discrimination Practices
Restricted Policy
infractions occur when HRM activities result in exclusion of a class of individuals
E.g., laying off employees over age 40 while recruiting younger workers
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

19. Guarding Against Discrimination Practices
Geographical Comparisons
Characteristics of the qualified pool of potential applicants
are compared to
characteristics of employees
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

20. Guarding Against Discrimination Practices
McDonnell-Douglas Test
Individual is member of a protected group.
Individual is qualified for job.
Individual is rejected.
Organization continues to seek other applicants with similar qualifications.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

21. Responding to an EEO Charge
Employers should discontinue practices which cannot be defended.
Practice reinstated only after
Careful study
Practice is modified, if necessary
Three defenses:
Business necessity
Bona Fide occupations qualifications
Seniority System
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

22. Responding to an EEO Charge
Business Necessity
the right to expect employees to perform successfully
shown by demonstrating that selection criteria are job-related
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

23. Responding to an EEO Charge
Bona Fide Occupational Qualifications
Can be use when job requirements are “Reasonably necessary to meet the normal operation of that business or enterprise”
Title VII exceptions
Sex
Age
Religion
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

24. Responding to an EEO Charge
Seniority Systems
Decisions that adversely affect protected group members may be permissible if:
Based on well-established and consistently applied seniority systems
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

25. Selected Relevant Supreme Court Cases
Cases Concerning Discrimination
Cases Concerning Reverse Discrimination
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

26. Selected Relevant Supreme Court Cases
Cases concerning discrimination
Griggs v. Duke Power (1971): Tests were illegal when they resulted in adverse impact and were not job related.
Albemarle Paper Company v. Moody (1975): Clarified methods for using and validating tests in selection
Wards Cove Packing Company v. Atonio (1989): Statistics alone could not support evidence of discrimination; burden of proof shifted to the plaintiff.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

27. Selected Relevant Supreme Court Cases
Cases concerning reverse discrimination
Bakke v. the Regents of the University of California at Davis Medical School (1978): School could not set aside seats for minorities.
United Steelworkers of America v. Weber (1979): Court supported company’s voluntary affirmative action training program for minorities.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

28. Selected Relevant Supreme Court Cases
Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986):
Affirmative action may not take precedence over a seniority system
Collective bargaining agreement giving preferential treatment to minorities in layoffs was illegal.
Johnson v. Santa Clara County Transportation (1987):
Preferential treatment based on AA goals permitted if non-minorities protected.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

29. Enforcing Equal Employment Opportunity
Equal Employment Opportunity Commission
Jurisdiction for Title VII and other legislation that covers charges of discrimination based on race, color, sex, national origin, age or disability.
Five Step Process to Pursue Charges
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

30. Enforcing Equal Employment Opportunity
EEOC notifies company within 10 days of filing and begins investigation
EEOC notifies company of findings within 120 days
If unfounded, process stops
If founded, EEOC tries to resolve
If unsuccessful, EEOC begins mediation (settlement meeting)
If unsuccessful, EEOC may file charges in court
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

31. Enforcing Equal Employment Opportunity
Office of Federal Contract Compliance Programs (OFCCP)
Enforces
Executive Order 11246
Section 503 of Vocational Rehabilitation Act
Vietnam Veterans Readjustment Act of 1974.
Operates within U.S. Dept. of Labor.
Investigates discrimination complaints; process similar to that of EEOC.
Can cancel employer’s contract with federal government
Applies to any organization with a federal contract or acts as a subcontractor.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

32. HRM in a Global Environment
Laws affecting Human Resource Management vary greatly by country.
Canadian laws closely parallel those in the U.S.
In Mexico, employees more likely to be unionized.
Australia’s discrimination laws not enacted until the 1980s
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

33. Current Issues in Employment Law
What is Sexual Harassment?
Unwanted activity of a sexual nature that affects an individual’s employment
Prohibited under Title VII as sex discrimination
Sexual harassment can occur where: verbal or physical conduct toward an individual:
(1) creates an intimidating, offensive, or hostile environment
(2) unreasonably interferes with an individual’s work
(3) adversely affects employee’s employment opportunities.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

34. Current Issues in Employment Law
Meritor Savings Bank v. Vinson Supreme Court case: supported hostile environment claims; identified employer liability.
Harris v. Forklift Systems, Inc. Supreme Court case: victims don’t have to suffer substantial mental distress.
1998 Supreme Court ruling indicated that harassment can take place even if the employee does not experience any negative job repercussions.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

35. Current Issues in Employment Law
Are Women Reaching the Top of Organizations?
Comparable worth - determining fair pay for both female-oriented jobs and male-oriented jobs based on comparable skill, effort, and responsibility.
Glass ceiling - lack of women and minority representation at the top levels of organizations.
OFCCP has glass ceiling initiative.
Promotes career development
for women and minorities.
Looks for such in its audits.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins