2. © 2003 Prentice Hall, Inc. 2-1 Instructor presentation questions: docwin@tampabay.rr.com Chapter 2 Equal Opportunity and the Law

3. © 2003 Prentice Hall, Inc. 2-2 Outline of Chapter 2  Equal Employment Opportunity 1963 to 1991 Title VII of the 1964 Civil Rights Act Executive Orders Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 Vocational Rehabilitation Act of 1973

4. © 2003 Prentice Hall, Inc. 2-3 Outline of Chapter 2  Equal Employment Opportunity 1963 to 1991 Vietnam era Veterans’ Readjustment Assistance Act 1974 Pregnancy Discrimination Act of 1978 Federal agency guidelines Sexual harassment Early court decisions regarding Equal Employment Opportunity Equal Employment Opportunity 1989-1991: A shifting Supreme Court

5. © 2003 Prentice Hall, Inc. 2-4 Outline of Chapter 2  Equal Employment Opportunity 1991 to present The Civil Rights Act of 1991 The New Workplace: Enforcing the 1991 CRA Abroad The Americans with Disabilities Act State and Local Equal Employment Opportunity Laws

6. © 2003 Prentice Hall, Inc. 2-5 Outline of Chapter 2  Defenses Against Discrimination Allegations Adverse Impact Bona Fide Occupational Qualification Business necessity Other considerations in discriminatory practices defense

7. © 2003 Prentice Hall, Inc. 2-6 Outline of Chapter 2  Some Discriminatory Employment Practices Discriminatory recruitment practices Discriminatory selection standards Sample discriminatory promotion, transfer and layoff practices

8. © 2003 Prentice Hall, Inc. 2-7 Outline of Chapter 2  The EEOC Enforcement Process Processing a charge Conciliation proceedings How to respond to employment discrimination charges Mandatory arbitration of discrimination claims

9. © 2003 Prentice Hall, Inc. 2-8 Outline of Chapter 2  Diversity Management and Affirmative Action Programs Managing Diversity Strategic HR: Longo Toyota Boosting Workforce Diversity Equal Employment Opportunity versus Affirmative Action Affirmative Action: Two Basic Strategies HR.net: Recruiting minorities online

10. © 2003 Prentice Hall, Inc. 2-9 What You Should Be Able to Do  Avoid employment discrimination problems.  Cite the main features of at least five employment discrimination laws.  Define adverse impact and explain how it is proved and what its significance is.

11. © 2003 Prentice Hall, Inc. 2-10 What You Should Be Able to Do  Cite specific discriminatory personnel management practices in recruitment, selection, and promotion, transfer, layoffs, and benefits.  Explain and illustrate two defenses you can use in the event of discriminatory practice allegations.  Define and discuss diversity management.

12. © 2003 Prentice Hall, Inc. 2-11 First Equal Employment Action  Title VII of the 1964 Civil Rights Act Prevents discrimination Established the Equal Employment Opportunity Commission (EEOC) Covers all employers with 15 or more persons Includes private and public schools, state, local and federal governments

13. © 2003 Prentice Hall, Inc. 2-12 Other Early Employment Actions  Executive Orders  Equal Pay Act of 1963  Age Discrimination in Employment Act of 1967  Vocational Rehabilitation Act of 1973

14. © 2003 Prentice Hall, Inc. 2-13 Other Early Employment Actions  Vietnam Era Veterans’ Readjustment Assistance Act of 1974  Pregnancy Discrimination Act of 1978  Federal Agency Guidelines

15. © 2003 Prentice Hall, Inc. 2-14 Federal Employment Actions 1963- 1991 1963 Executive Order 11246 1963 Equal Pay Act 1967 Age Discrimination Act 1964 Civil Rights Act 1969 Executive Order 11375 1973 Vocational Rehabilitation Act 1974 Vietnam Era Veterans’ Readjustment Act 1978 Pregnancy Discrimination Act 1989-1991 Supreme Court Rulings 1980 EEOC guidelines

16. © 2003 Prentice Hall, Inc. 2-15 Sexual Harassment  Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment. Definition

17. © 2003 Prentice Hall, Inc. 2-16 Sexual Harassment  Employers have a duty to keep workplace free of sexual harassment and intimidation  Sexual harassment can be shown in three ways Quid Pro Quo Hostile environment created by supervisors Hostile environment created by co-workers or non-employees

18. © 2003 Prentice Hall, Inc. 2-17 What’s an Employer to Do?  Two questions are asked by the courts when determining liability: 1.Did the company know or should it have known that harassment was present? 2.Did the company take any action to stop the harassment?

19. © 2003 Prentice Hall, Inc. 2-18 Steps Employers Can Take  Treat complaints seriously  Condemn behavior  Inform employees  Develop complaint procedure  Establish a response system  Increase supervisors awareness  Discipline  Keep records  Conduct exit interviews  Publish policy  Encourage upward communication

20. © 2003 Prentice Hall, Inc. 2-19 Sample Sexual Harassment Policy

21. © 2003 Prentice Hall, Inc. 2-20 What’s an Employee to Do?  File verbal complaint  File a written report  Turn to local EEOC office to file a complaint  Consult legal counsel

22. © 2003 Prentice Hall, Inc. 2-21 Sexual Violence  Federal Violence Against Women Act of 1994 Avenue to seek relief for violent sexual harassment.

23. © 2003 Prentice Hall, Inc. 2-22 Landmark Court Rulings  Griggs v. Duke Power Company Discrimination by the employer need not be overt. Employment practice must be job related Placed the burden of proof on the employer

24. © 2003 Prentice Hall, Inc. 2-23 Albemarle Paper Company v. Moody  Validity of job tests must be documented  Performance standards must be unambiguous.

25. © 2003 Prentice Hall, Inc. 2-24 Equal Employment Opportunity 1989 - 1991  Wards Cove Packing Company v. Atonio  Business necessity Justification for an otherwise discriminatory employment practice, provided there is an overriding legitimate business purpose.

26. © 2003 Prentice Hall, Inc. 2-25  Civil Rights Act of 1991passed in response to several court cases which had limited protection under EEO law Burden of proof Money damages Mixed motives Proof of discrimination Global reach Equal Employment Opportunity 1991 - Present

27. © 2003 Prentice Hall, Inc. 2-26 Americans With Disabilities Act (ADA)  A physical or mental impairment that substantially limits a major life activity Includes physiological conditions, cosmetic disfigurement and loss of any body systems Does not count alternate lifestyle, gambling, pyromania, or illegal drug use

28. © 2003 Prentice Hall, Inc. 2-27 ADA  Qualified individuals: Protected from discrimination if reasonable accommodation allows performance of essential job functions  Reasonable accommodation: redesigning a job modifying schedules modifying equipment  Mental impairments: Any mental or psychological disorder Americans with Disabilities website

29. © 2003 Prentice Hall, Inc. 2-28 What’s an Employer to Do?  Can an employer: Deny a disabled person a job? Be mandated to lower its existing uniform job standards? Ask about disabilities prior to hiring? Have different medical exams for current employees versus disabled employees?

30. © 2003 Prentice Hall, Inc. 2-29 ADA in Practice  Employers should ask: Does the employee have a disability that limits a major life activity? Is a disabled employee qualified for a job? Can the employee perform the essential functions of a job? Can any reasonable accommodation be provided without creating undue hardship on the employer? Is the disability permanent ?

31. © 2003 Prentice Hall, Inc. 2-30 State and Local EEO Laws  Local laws usually extend or expand federal laws  Most states require EEO laws of businesses with fewer than 15 people  Some afford age discrimination laws to young people  EEOC often starts process by deferring to state Human Resources Commissions

32. © 2003 Prentice Hall, Inc. 2-31 Summary of Important EEO Actions Title VII of 1964 Civil rights act Bars discrimination due to race, color, religion, sex, or national origin Executive orders End discrimination on federal contracts. Establish office of federal compliance Federal agency guidelines Create policy on discrimination based on sex, national origin and religion Case Griggs v. DukeJob requirements based on job success Action What it does

33. © 2003 Prentice Hall, Inc. 2-32 Summary of Important EEO Actions Case Albemarle v. MoodyBurden of proof shifts to employer when showing qualification is valid Equal Pay Act of 1963Equal pay for men and women doing same work Age Discrimination in Employment of 1967 Protects a person 40 or over from age discrimination State and local lawsCover small employers Action What it does

34. © 2003 Prentice Hall, Inc. 2-33 Summary of Important EEO Actions Action What it does Vocational Rehabilitation Act of 1973 Require affirmative action to employ and promote qualified handicapped persons Pregnancy Discrimination Act of 1978 Prohibits discrimination against pregnant women Vietnam Era Veterans Readjustment Assistance Act of 1974 Require affirmative action in employment for veterans

35. © 2003 Prentice Hall, Inc. 2-34 Summary of Important EEO Actions Action What it does Case Ward Cove v. AtonioHarder to prove unlawful discrimination against an employer Case Price Waterhouse v. Hopkins Unlawful actions not always discriminatory if lawful action results in same decision Americans with Disabilities Act of 1990 Employers need to make reasonable accommodations for disabled individuals Civil Rights Act of 1991Reverses earlier cases and puts burden of proof on employer

36. © 2003 Prentice Hall, Inc. 2-35 Defenses Against Discrimination Allegations  Disparate treatment A protected group was intentionally treated differently  Disparate impact Employer engages in a practice that has a greater adverse impact on members of a protected group regardless of intent Law differentiates disparate treatment and disparate impact

37. © 2003 Prentice Hall, Inc. 2-36 How to Show Adverse Impact  Population comparisons  McDonnell-Douglas test  Adverse impact plays a central role  Disparate rejection rates  Restricted policy

38. © 2003 Prentice Hall, Inc. 2-37 What’s an Employer to Do?  Two main defenses  BFOQ - Bona fide occupational qualification  Business necessity

39. © 2003 Prentice Hall, Inc. 2-38 Other Considerations  Good intentions  Collective bargaining agreements  Different responses

40. © 2003 Prentice Hall, Inc. 2-39 Discriminatory Employment Practices  Recruitment practices Word of mouth Misleading information Help wanted gender ads

41. © 2003 Prentice Hall, Inc. 2-40 Discriminatory Employment Practices Selection standards Educational requirements Tests which disproportionately screen minorities Preference to relatives Physical characteristics requirements Arrest records Certain personal information Discharge due to garnishment

42. © 2003 Prentice Hall, Inc. 2-41 Discriminatory Promotion, Transfer, and Layoff Practices Employers can require conservative style dress codes… As well as a specific hair style or appearance

43. © 2003 Prentice Hall, Inc. 2-42 EEOC Enforcement Process Charge filed within 2 years of incident In writing, under oath EEOC serves notice and investigates Dismiss case & issue right to sue Attempt conciliation

44. © 2003 Prentice Hall, Inc. 2-43 EEOC Case Types FY 2000

45. © 2003 Prentice Hall, Inc. 2-44 Questions to Ask When an Employer Receives a Complaint 1. To what protected group does the worker belong? Protected by more than one statute? 2. Would the action complained of have been taken if the worker were not a member of a protected group? Is the action having an adverse impact on other members of a protected group? 3. Is the employee’s charge of discrimination subject to attack because it was not filed on time, according to the applicable law? 4. In the case of a sexual harassment claim, are there offensive posters or calendars on display?

46. © 2003 Prentice Hall, Inc. 2-45 Questions to Ask When an Employer Receives a Complaint 5. Do the employee’s personnel records demonstrate discriminatory treatment in the form of unjustified warnings and reprimands? 6. In reviewing the nature of the action complained of, can it be characterized as disparate impact or disparate treatment? Can it be characterized as an individual complaint or a class action? 7. What are the company’s probable defenses and rebuttal? 8. Who are the decision makers involved, and what would they be effective witnesses? 9. What are the prospects for a settlement of the case that would be satisfactory to all involved?

47. © 2003 Prentice Hall, Inc. 2-46 How a Company Responds to an EEOC Charge  Remember the EEOC are not judges Provide a detailed statement describing the firm’s defense in its most persuasive light Supply only information raised by the charge itself Gather as much information about the claim as possible so you understand what its all about

48. © 2003 Prentice Hall, Inc. 2-47 How an EEOC Investigation Proceeds  EEOC fact finding conference  Determination and attempted conciliation  Voluntary mediation 10% of the time this is the EEOC recommendation  Mandatory mediation  Litigation

49. © 2003 Prentice Hall, Inc. 2-48 Mandatory Arbitration of Discrimination Claims  Review all employment discrimination suits filed against them  Consider inserting a mandatory arbitration clause  Institute steps to protect against arbitrator bias

50. © 2003 Prentice Hall, Inc. 2-49 Diversity Works race gender culture national origin age handicap race gender handicap culture national origin age

51. © 2003 Prentice Hall, Inc. 2-50 Voluntary Diversity Organizational Steps  Provide strong leadership  Asses the situation  Provide diversity training and education  Change culture and management systems  Evaluate the managing diversity program

52. © 2003 Prentice Hall, Inc. 2-51 Why Workplace Diversity Is Strategic  Better business decisions  Handling challenges  Company growth  Globalization

53. © 2003 Prentice Hall, Inc. 2-52 How to Encourage Diversity  Written philosophy  Evaluate  Recruit  Interact with representative minority groups and networks  Voluntary affirmative action

54. © 2003 Prentice Hall, Inc. 2-53 Two Useful Strategies in Affirmative Action Design  Good faith effort  Quota strategy As vice president of global workforce diversity for IBM Corp, Ted Childs is responsible for the company’s workforce diversity programs and policies.

55. © 2003 Prentice Hall, Inc. 2-54 Useful Strategies in Affirmative Action Ads to reach minority workers Day care service with flexible work hours Minority training to better compete Diversity candidate resource website

56. © 2003 Prentice Hall, Inc. 2-55 Things to Remember As We Move Into Chapter 3  Title VII of 1964 CRA bars discrimination based on race, color, religion, sex or national origin  EEOC empowered to conciliate discrimination complaints  CRA of 1991 places burden of proof on employers, allows monetary damages  ADA extends protection to the disabled  Workplace diversity works