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Employment Discrimination and Affirmative Action
Chapter 19 Employment Discrimination and Affirmative Action Employment Discrimination and Affirmative Action Chapter 19 Prepared by Deborah Baker Texas Christian University Business and Society: Ethics and Stakeholder Management, 7e • Carroll & Buchholtz Copyright ©2009 by South-Western, a division of Cengage Learning. All rights reserved
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Chapter 19 Learning Outcomes
Employment Discrimination and Affirmative Action Chapter 19 Learning Outcomes Chronicle the U.S. civil rights movement and minority progress for the past 50 years. Outline the essentials of the federal discrimination laws. Provide two different meanings of discrimination and give examples of how each might be committed. Elaborate on employment discrimination relating to race, color, national origin, sex, age, religion, sexual orientation, and disability. Identify different postures with respect to affirmative action, explain the concept of reverse discrimination, and provide an overview of the Supreme Court’s decisions on affirmative action. 2
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Chapter 19 Outline The Civil Rights Movement and Minority Progress
Employment Discrimination and Affirmative Action Chapter 19 Outline The Civil Rights Movement and Minority Progress Federal Laws Prohibiting Discrimination Expanded Meanings of Discrimination Issues in Employment Discrimination Affirmative Action in the Workplace Summary Key Terms Discussion Questions The Civil Rights Movement and Minority Progress Civil Rights in the 1950s and 1960s The 1970s: The Women’s Movement Begins The 1980s: Gains Are Made The 1990s: Some Progress But Problems Remain Federal Laws Prohibiting Discrimination Title VII of the Civil Rights Act of 1964 Age Discrimination in Employment Act of 1967 Equal Pay Act of 1963 Rehabilitation Act of 1973, Section 503 Americans with Disabilities Act of 1990 Civil Rights Act of 1991 Equal Employment Opportunity Commission Expanded Meanings of Discrimination Disparate Treatment Disparate Impact Issues in Employment Discrimination The Two Nations of Black America Issues of Sex Discrimination Issues of Age and Religion Affirmative Action in the Workplace The Range of Affirmative Action Postures The Concept of Preferential Treatment The Concept of Reverse Discrimination Minority Opposition to Affirmative Action The Corporate View The Future of Affirmative Action Summary
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Introduction to Chapter 19
Employment Discrimination and Affirmative Action Introduction to Chapter 19 The chapter addresses certain workplace rights: Civil rights movement and minority progress Federal discrimination laws Affirmative action
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Chapter 19 Employment Discrimination and Affirmative Action 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
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Federal Anti-Discrimination Laws
Chapter 19 Employment Discrimination and Affirmative Action Federal Anti-Discrimination Laws 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.
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Title VII of the Civil Rights Act of 1964
Chapter 19 Employment Discrimination and Affirmative Action Title VII of the Civil Rights Act of 1964 It is illegal under Title VII to discriminate in: 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
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Americans with Disabilities Act
Chapter 19 Employment Discrimination and Affirmative Action Americans with Disabilities Act An individual with a disability… 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. Reasonable accommodation may include: Accessible facilities Job restructuring, work schedule modification, reassignment Acquiring or modifying equipment or devices; making adjustments to examinations; providing training materials, readers, or interpreters
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Federal Anti-Discrimination Laws
Chapter 19 Employment Discrimination and Affirmative Action Federal Anti-Discrimination Laws Equal Opportunity Commission (EEOC) Five Commissioners President appoints and Senate confirms Purpose Makes equal employment opportunity policy Investigates employment discrimination complaints Enforces anti-discrimination laws
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Disparate Treatment and Impact
Chapter 19 Employment Discrimination and Affirmative Action Disparate Treatment and Impact Disparate Treatment Using race, color, religion, sex, or national origin as a basis for treating people differently or unequally Disparate Impact Fewer minorities are included in the outcome of testing, hiring, or promotion practices than would be expected by numerical proportion
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Employment Discrimination
Chapter 19 Employment Discrimination and Affirmative Action 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
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Issues in Racial Discrimination
Chapter 19 Employment Discrimination and Affirmative Action Issues in Racial Discrimination Five Racial Categories One Ethnicity Category American Indian or Alaska native Asian Black or African American Native Hawaiian or Other Pacific Islander White Hispanic or Latino @
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Issues in Racial Discrimination
Chapter 19 Employment Discrimination and Affirmative Action Issues in Racial Discrimination The Two Nations of Black America The Case of Hispanics Asian Image of Model Minority
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Issues of Sex Discrimination
Chapter 19 Employment Discrimination and Affirmative Action Issues of Sex Discrimination Major Issues for Women Getting into professional and managerial positions and out of traditional female-dominated positions Achieving pay commensurate with that of men Eliminating sexual harassment Quid pro quo Hostile work environment Being able to take maternity leave without losing jobs
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Possible Causes of Pay Discrepancy for Women
Chapter 19 Employment Discrimination and Affirmative Action Pay Equity 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
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Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct affects an individual’s employment, interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. Chapter 19 Employment Discrimination and Affirmative Action Sexual Harassment
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Types of Sexual Harassment
Chapter 19 Employment Discrimination and Affirmative Action Types of Sexual Harassment Quid Pro Quo Something is given or received for something else. Hostile Work Environment The employee perceives a hostile or offensive work environment by virtue of uninvited sexually oriented behaviors or materials present in the workplace.
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Sexual Harassment Circumstances
Chapter 19 Employment Discrimination and Affirmative Action Sexual Harassment Circumstances The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim’s supervisor, employer’s agent, a supervisor in another area, a coworker, or a nonemployee. The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome.
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Examples of Sexual Harassment Complaints
Chapter 19 Employment Discrimination and Affirmative Action 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
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Title IX and Sexual Harassment
Chapter 19 Employment Discrimination and Affirmative Action Title IX and Sexual Harassment Burden of Proof The school must be aware of the sexual harassment. The school must fail to take steps to stop it. The harassment must deny access to an educational opportunity. The harassment must take place in an educational setting.
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Employment Discrimination
Chapter 19 Employment Discrimination and Affirmative Action Employment Discrimination Maternity leave Family Responsibility Discrimination Fetal protection policies Wal-Mart civil rights class action
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Other Forms of Discrimination
Chapter 19 Employment Discrimination and Affirmative Action Other Forms of Discrimination Religious Discrimination Color Bias Sexual Orientation and Transgender Discrimination Age Discrimination
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Affirmative Action Postures
Chapter 19 Employment Discrimination and Affirmative Action Affirmative Action Postures Weak Postures Strong Postures Passive nondiscrimination Pure affirmative action Affirmative action with preferential hiring Hard Quotas
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Affirmative Action in the Workplace
Chapter 19 Employment Discrimination and Affirmative Action Affirmative Action in the Workplace Preferential Treatment Reverse discrimination Minority opposition to affirmative action The Adarand Decision and strict scrutiny Meet a compelling government interest Tailored narrowly to meet program or policy objectives Future of affirmative action
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Key Terms Affirmative action
Chapter 19 Employment Discrimination and Affirmative Action Key Terms Affirmative action Age Discrimination in Employment Act (ADEA) Americans with Disabilities Act (ADA) Bona fide occupational qualification Color bias Comparable worth Compensatory justice Disparate impact Disparate treatment Equal Employment Opportunity Commission (EEOC) Equal Pay Act of 1963 Essential functions Fetal protection policies Four-fifths rule Hostile work environment Major life activities Preferential treatment Pregnancy Discrimination Act of 1978 Protected groups Quid pro quo Reasonable accommodations Reverse discrimination Sexual harassment Strict scrutiny Title VII of the Civil Rights Act of 1964 Undue hardship
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