1. WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

2. Chapter Objectives Describe the projected future diverse workforce.
Describe diversity and diversity management.
Identify the major laws affecting equal employment opportunity.
Identify some of the major Supreme Court decisions that have had an impact on equal employment opportunity.
Explain adverse impact.
Describe the Uniform Guidelines
Explain affirmative action programs and how it works.

3. The Workforce
FACTS
By 2010 the workforce will increase to 158 million from 141 million
4 out of 10 people entering the workforce between 1998 – 2008 will be member of a minority group
By 2010 minority groups will account for the major share of the workforce

4. The Workforce
FACTS
Hispanics will makeup the greater part of the workforce
The number of women entering the workforce will increase while men entering will decrease
Youth labor force, age 16 to 24 will increase

5. The Workforce FACTS Age group 25 to 54 will decline by 2010
Workers 55 and older will increase by 2010
By 2010 the median age will be 40 and women will make up the workforce

6. Diversity in the Workforce
What will be key for companies?
Develop patience
Open-mindedness
Acceptance
Cultural Awareness

7. Diversity and Diversity Management
Diversity: What does it mean?
Any perceived difference among people
Diversity Management: What does it mean?
Ensuring that the right systems are in place to promote diversity

8. Diversity Management INVOLVES
Creating a supportive culture where all employees can be effective.
Top management support diversity goals and include them in the business strategy
Fostering a culture that values individuals and their needs and contributions

9. Managing the Diverse Workforce: Various Components
Single Parents & Working Mothers
Women in Business
Dual Career Families
Workers of Color
Older Workers
Persons with Disabilities
Immigrants
Young Persons with Limited Education/Skills
Educational Level of Employees

10. Single Parents and Working Mothers
70% of mothers work
Many marriages end in divorce
Widows and widowers who have children
Need alternative child-care arrangements
Child-care services and workplace
flexibility needed

11. Women in Business 66 million women in the workforce as 2000
11.9% of corporate officers
Number in entry- and mid-level managerial positions has risen
Over 9 million women-owned businesses
Increasing number of nontraditional households

12. Dual Career Families Represent 63% of marriages have children
Both spouses have jobs and family responsibilities.
Challenges and opportunities
Revised nepotism policy

13. Dual Career Families (Continued)
Assist the spouse of transferred employee
Assist in finding position for spouse
Cafeteria benefits plans
Flexibility in their workplaces and careers

14. Workers of Color Hispanics, African American Americans and Asians
Often experience stereotypes
Often encounter misunderstandings and expectations

15. Older Workers Population is growing --65 and older
Long-term labor shortage is developing
Early retirement is about to reverse itself
Needs and interests may change
May require retraining

16. Persons with Disabilities
Limits the amount or kind of work a person can do or makes its achievement unusually difficult
Perform as well as unimpaired in productivity, attendance and average tenure
ADA prohibits discrimination against qualified individuals with disabilities
Managers have serious barrier is bias, or prejudice
Manager need to treat them the same as others

17. Immigrants One million legal immigrants per year
Newer immigrants require time to adapt
Managers must work to understand the different cultures and languages.

18. Young Persons with Limited Education or Skills
Many thousands of young, unskilled workers are hired
Poor work habits or Tardy
Some possess good qualities
Can do many jobs well
Jobs can be de-skilled.

19. Educational Level of Employees
Bipolar country with regard to education
Half of new jobs need some education beyond high school
Those with limited education will be left out of empowerment effort

20. Laws Affecting Equal Employment Opportunity

21. Equal Employment Opportunity: An Overview
EEO has been modified since passage of the Civil Rights Act in 1964.
Congress has passed other legislation to strengthen EEO
Held employers accountable for taping the abilities of the underutilized workforce in the 1960s
EEO has become an integral part of the workplace

22. Civil Rights Act of 1866 Oldest federal legislation affecting staffing
Provided same rights to all citizens
Employment is a contractual arrangement

23. Title VII of the Civil Rights Act of 1964 -- Amended 1972
Greatest impact on human resource management
Illegal for an employer to discriminate
Fifteen or more employees
Exceptions to Title VII (BFOQ)
Persons not covered by Title VII
Created the Equal Employment Opportunity Commission (EEOC)

24. Title VII of the Civil Rights Act
Force of Federal Regulations-
Human Resources Activities
Equal Employment Opportunity Commission (EEOC)
The force behind federal regulations of HR activities is the EEOC. Empowered to investigate charges of discrimination.

25. Illegal for an Employer to Discriminate
Race
Color
Sex
Religion
National origin

26. Exceptions to Title VII
Bona fide occupational qualifications (BFOQs)
Seniority and merit systems
Testing and educational requirements
***Must be job related***

27. Persons Not Covered by Title VII
Aliens not authorized to work in the United States
Members of the Communist party
Homosexuals

28. Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986
ADEA - Illegal to discriminate against anyone 40 years or 65 years
Pertains to employers who have 20 or more employees
Provides for a trial by jury
Possible criminal penalty and back wages

29. Rehabilitation Act of 1973
Prohibits discrimination against disabled workers
Effect workers employed by government contractors, subcontractors, and organizations
Receive federal grants in excess of $2,500
Administered by OFCCP to make sure companies are compliance

30. Pregnancy Discrimination Act of 1978
Pregnancy, childbirth, or related medical condition
Protection against being fired, refused a job or promotion
Entitled to benefits and sick leave

31. Immigration Act of 1990 Revised U.S. policy on legal immigration
Established criminal and civil sanctions employers who violated the act

32. Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Severe limitations for violation of visas
Three year ban
Ten year ban

33. Americans with Disabilities Act (ADA)
Prohibits discrimination against qualified individuals with disabilities
Prohibits discrimination in all employment practices: hiring, firing, job application process, advancement, compensation and training

34. Individual with a Disability
A person who has, or is regarded as having, a physical or mental impairment
Substantially limits one or more major life activities
A record of such an impairment
Regarded as having such an impairment

35. Civil Rights Act of 1991
Provide appropriate remedies for intentional discrimination and unlawful harassment
Codify the concepts of business necessity and Bonda Fide Occupational Qualifications (BFOQ)
Confirm authority and guidelines for finding of adverse impacts under Title VII
Glass Ceiling Act: established a commission to study how companies fill management and decision-making positions
The act amended five statutes:
Civil Rights Act of 1866
Title VII of the Civil Rights Act of 1964
Age Discrimination Act of 1967
Rehabilitation Act of 1973
American with Disabilities Act of 1990
Business Necessity: viewed by courts as safety of either work or organization
BFOQ: means that no person of a particular sex, race, color, religion or national origin can adequately perform the job given

36. Damages Permitted Number of Employees Damages 15-100 $50,000
$50,000
$100,000
$200,000
Over $300,000
Punitive damages may be recovered if the complaining party can demonstrate that the company engaged in discriminatory practice with malice or with reckless indifference to the law.

37. State and Local Laws State and local laws affect EEO
When EEOC regulations conflict with state or local civil rights regulations
Legislation more favorable to women and minorities applies
For Oregon – BOLI – Bureau of Labor and Industries

38. Glass Ceiling
Invisible barrier in organizations that prevents many women and minorities from achieving top-level management positions

39. Executive Order 11246
Executive order (EO) - Directive issued by the President, having force and effect of laws enacted by Congress
Executive Order Every executive department and agency that administers a program involving federal financial assistance must adhere to policy of nondiscrimination

40. Executive Order 11246 (Continued)
Affirmative action stipulated by EO 11246
Requires employers to take positive steps to ensure employment of applicants and treatment of employees during employment without regard to race, creed, color, or national origin.

41. Executive Order 11375 In 1968 EO 11246 was modified.
Changed the word “creed” to “religion” and added sex discrimination to the other prohibited items

42. Significant U.S. Supreme Court Decisions
Griggs v Duke Power Company
Phillips v Martin Marietta Corporation
University of California Regents v Bakke
Affirmative Action

43. Griggs v Duke Power Company
When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.

44. Phillips v Martin Marietta Corporation
Court ruled that the company had discriminated against a woman because she had young children.
Major implication – firm cannot impose standards for employment only on women

45. University of California Regents v Bakke
Reaffirmed that race may be taken into account in admission decisions

46. Affirmative Action
Grutter v Bollinger – colleges and universities have “compelling interest” in achieving diverse campuses
Gratz v Bollinger – in trying to achieve diversity, colleges and universities cannot use point systems that blindly give extra credit to minority applicants

47. Equal Employment Opportunity Commission (EEOC)
Title VII of the Civil Rights Act, as amended, created the EEOC
Filing a discrimination charge initiates EEOC action.
Charges must be filled within 180 days of alleged act

48. Uniform Guidelines on Employee Selection Procedures
Provides a framework for making legal employment decisions about:
Hiring
Promotion
Demotion
Referral
Retention
Use of testing
Other selection procedures

49. Concept of Adverse Impact
Defined in terms of selection rates
Number of applicants hired or promoted
Total number of applicants
If there is a smaller percentage of specific demographics group in the company’s workforce than there is in the labor market, that group is underutilized.
Occurs when women and minorities are not hired at
a rate of 80% of the best achieving group

50. Concept of Adverse Impact
Two Avenues:
Validate a selection device to show it is a predictor of success
BFOQ – only one group is capable of performing the job

51. Discrimination Defined
Adverse Impact
Selection standards are applied
uniformly to all groups of applicants
Company
PROVE:
Business necessity
BFOQ
Business Necessity – regard to safety of either workers or customers of the organization
Bona Fide Occupational Qualifications- no person of a particular sex, religion, race, color or national origin can adequately perform the job. For example, Minister, Rest Room Attendant
Disparate Impact Example
Requiring a height limit would usually limit women, Latin American and Asian American

52. Discrimination Defined
Adverse Treatment
Different standards applied to various
groups without intentional prejudice
Plaintiff
They belong in a protected class
They were qualified for the job
Despite qualifications, they were
rejected
After rejection the position
remained open
First form of discrimination is….
Disparate Treatment Example
Hiring minority group members to fill cleaning jobs in a restaurant while similarly qualified Whites are made cashiers or waiters

53. Additional Guidelines
Interpretative Guidelines on Sexual Harassment
Guidelines on Discrimination Because of National Origin
Guidelines on Discrimination Because of Religion

54. Interpretative Guidelines on Sexual Harassment
Where a hostile work environment is created
When there is a quid pro quo situation
Example: Offer for promotion or pay raise in exchange for sex
Employers are liable for employees and non-employees
Key: Develop programs, communicate policy, develop
procedures and investigate-take appropriate action

55. EEOC Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that occur under any of the following situations:
When submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
When submission to or rejection of such conduct by an individual is used as basis for employment decisions affecting such individual
When such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

56. Guidelines on Discrimination Because of National Origin
Discrimination on basis of national origin as denial of equal employment opportunity because of:
Individual’s ancestors or place of birth
Individual has the physical, cultural, or linguistic characteristics of a national origin group

57. Guidelines on Discrimination Because of Religion
Employers have an obligation to accommodate religious practices unless they can demonstrate a resulting hardship.

58. Methods for Accommodating Religious Practices
Voluntary substitutes
Flexible scheduling
Lateral transfers
Change in job assignments
Union should accommodate by permitting donations.

59. Affirmative Action

60. Affirmative Action Programs
Set of specific actions taken by an
Organization with government contracts to
proactively remove unintended barriers to achieve equal opportunity

61. EEO vs. AAP Equal Employment Opportunity
Aims to ensure that anyone under the
protected class has an equal chance for
a job based on their qualifications.
Affirmative Action Program
Goes beyond EEO by requiring employers to
take action on eliminating barriers to hire
and promote members of the protected
Class.

62. Affirmative Action Programs
MANDATED BY OFCCP:
Government contractor
Lose a court discrimination case
Signed a consent decree
Voluntarily attempting to implement EEO principles
Are a government contractor
Levels of control: 1.)Contracts that exceed $10,000 but less than $50,000, 2.) 50 or more employees--contract of $50,000 or more, 3.) contracts exceed 1 million or more
Lose a court discrimination case & signed a consent decree
When a company has a court order to engage in certain HRM actions; for a specific period of time, balance its workforce and the RLM
Voluntarily attempting to implement EEO principles
Voluntarily AAP, the challenge comes when companies bend over backwards to hire minorities through providing preferential treatment to specific groups to meet goals or quotas.

63. Affirmative Action Programs
Who is accountable?
First level of control
Exceed $10,000 but less than $50,000
Second level of control
Company has 50 or more employees
Exceed $50,000 or more
12 months period totaling $50,000 or more
Financial Institution that have government funds
deposit
Third level of control
Contractor has contracts that exceed $1 million

64. Affirmative Action Programs
The Process
Develop a written affirmative action program
File EEO-1
ID and analysis of problem areas

65. Affirmative Action Programs
Factors for the Pre-award
Past EEO performance of the contractor and indications of underutilization
Volume and nature of complaints filed
Whether the contractor is in growth industry
Whether resources are available to conduct the review
Employment opportunities are likely to results from the contract in issue

66. Affirmative Action Programs
The Violation
Secure compliance through persuasion
Serve a written notice and the propose plan for correction
Contractor has 30 days to respond
State the CEO commitment
The intention to recruit, hire, train and promote
Guarantee that all Human Resources action involve the five functions
ID and analysis of problem areas

67. Affirmative Action Programs
The Purpose
Contractor maintains nondiscriminatory hiring practices
Hold contractor accountable for the goals of hiring, firing and promoting
Show employees are being treated fairly regardless of race, gender, religion, etc.

68. Affirmative Action Programs
What is in the Plan?
State the CEO commitment
The intention to recruit, hire, train and promote
Guarantee that all Human Resources action involve the five functions
ID and analysis of problem areas
Make a workforce analysis
Analysis of major job groups
Explanation of underutilized minorities or women

69. Affirmative Action Programs
Goals for the Plan
Annual
Work towards elimination of underutilization
Ultimate
Correct all underutilization