1. Have you ever been, or do you know someone, who has been the victim of any form of discrimination ?

2. What do you think about title IX

3. Sports Programs Boston University eliminates funds for Men’s golf, diving, and rowing. Adds women’s field hockey, rowing, and tennis. Boston University eliminates funds for Men’s golf, diving, and rowing. Adds women’s field hockey, rowing, and tennis. Canisius College eliminates men’s baseball, track, and football. Adds women’s Tennis, softball and field hockey Canisius College eliminates men’s baseball, track, and football. Adds women’s Tennis, softball and field hockey Pepperdine University funds division 1 women’s soccer not men’s soccer. Pepperdine University funds division 1 women’s soccer not men’s soccer. West Virginia cuts 9 football grants-in-aid to expand women’s sports programs per Title IX West Virginia cuts 9 football grants-in-aid to expand women’s sports programs per Title IX Does anyone care what happens to the poor male participants at these schools? Does anyone care what happens to the poor male participants at these schools?

4. Title IX No person, on the basis of sex, shall be excluded from participation in, denied benefits of, or be subjected to discrimination under any education program receiving federal financial assistance. No person, on the basis of sex, shall be excluded from participation in, denied benefits of, or be subjected to discrimination under any education program receiving federal financial assistance.

5. What do you think about the University of Michigan cases

6. What do you think about the State of Texas meritocracy program for high school graduates?

7. 7 The Emergence of EEO 3-2 Changes in Societal Values Economic Status of Women and Minorities Role of Government Regulation EEO

8. EEO Laws and Regulations: Title VII of the 1964 Civil Rights Act Discrimination with regard to any employment Discrimination with regard to any employment condition, including hiring, firing, promotion, transfer, compensation, and admission training programs Defined protected categories or classes Defined protected categories or classes Further clarifications by subsequent court cases and the 1991 Civil Rights Act Further clarifications by subsequent court cases and the 1991 Civil Rights Act 3-3

9. EEO Laws and Regulations: Forms of Discrimination 3-4 DISPARATE TREATMENT (Intentional) DISPARATE OR ADVERSE IMPACT (Unintentional)

10. Forms of Discrimination: Disparate Treatment Applying different standards to different groups Applying different standards to different groups from protected categories or classes Bona fide occupational qualification (BFOQ) may Bona fide occupational qualification (BFOQ) may justify discrimination  must be a legitimate nondiscriminatory reason (see Diaz v. Pan Am World Airways)  courts have applied the BFOQ defense very narrowly Retaliation prohibitions apply Retaliation prohibitions apply 3-5

11. Disparate Treatment Intentional discrimination Intentional discrimination Employers apply different standards or treatment to different groups of employees or applicants based upon a protected category Employers apply different standards or treatment to different groups of employees or applicants based upon a protected category Key U.S. Supreme Court case: Key U.S. Supreme Court case: McDonnell Douglas v. Green McDonnell Douglas v. Green Plaintiff must first establish a prima facie case proving disparate treatment Plaintiff must first establish a prima facie case proving disparate treatment Applied, was qualified, was denied, job open Applied, was qualified, was denied, job open

12. Forms of Discrimination: Disparate Impact Employment practices that disproportionately exclude groups based upon a protected category (See Griggs v. Duke Power Co.) Employment practices that disproportionately exclude groups based upon a protected category (See Griggs v. Duke Power Co.) Occurs when a racially neutral employment practice has the effect of disproportionately excluding a group based upon a protected category Occurs when a racially neutral employment practice has the effect of disproportionately excluding a group based upon a protected category Four-fifths rule often used to evaluate potential disparities Four-fifths rule often used to evaluate potential disparities Showing validation or business necessity may justify discrimination Showing validation or business necessity may justify discrimination Retaliation prohibitions again apply Retaliation prohibitions again apply 3-6

13. Four-Fifths Rule Used to evaluate whether disparate impact exists Discrimination typically occurs if the selection rate for one group is less than 80 percent (4/5) of the selection rate for another group

14. Retaliation Federal EEO laws prohibit retaliation against employees who: Federal EEO laws prohibit retaliation against employees who: oppose discriminatory practices, or oppose discriminatory practices, or participate in a protected investigation, proceeding, or hearing participate in a protected investigation, proceeding, or hearing Retaliation includes: Retaliation includes: termination termination denial of promotion or job benefits denial of promotion or job benefits demotion, suspension, or threats demotion, suspension, or threats

15. Whadd’ya mean discriminatory practices????? Any employment practice applied unfairly against a protected group Testing Recruiting Promotions Salary increases training

16. Discrimination Disparate Impact Four-fifths Rule Retaliation Disparate Treatment Bona Fide Occupational Qualification (BFOQ)

17. Workplace Discrimination: Special and Contemporary Issues 3-7 Sexual harassment is considered a form of sex discrimination Two forms of sexual harassment exist: Quid pro quo: exchanging sexual favors for job benefits. Hostile work environment: creating an offensive work environment.  See Meritor Savings Bank v. Vinson Recent developments broaden employer responsibility  See Faragher v. City of Boca Raton and Burlington v. Ellerth TITLE VII AND SEXUAL HARASSMENT

18. Workplace Discrimination: Special and Contemporary Issues Title VII and Pregnancy Discrimination  Pregnancy Discrimination Act of 1978 amendment Title VII and Religious Minorities  Focuses on hours worked and working conditions Title VII and “English-Only” Rules  Potential for disparate impact claims  Showing business necessity may justify discrimination 3-8

19. Civil Rights Act of 1991 amended Title VII  Provided additional remedies and expanded its scope Executive Order 11246  Extends Title VII-like requirements to federal contractors 3-9 Workplace Discrimination: Special and Contemporary Issues

20. Equal Pay Act of 1963  Prohibit pay differentials between men and women Age Discrimination in Employment Act of 1967  Protects individuals 40 years of age or older Americans with Disabilities Act of 1990 (ADA)  Covers “qualified individuals”  Requires “reasonable accommodations”  Courts decide who’s “disabled” and what is “reasonable” is “reasonable” 3-10 Workplace Discrimination: Special and Contemporary Issues

21. Workplace Discrimination: Regulatory Enforcement FEDERAL OFFICES AND AGENCIES Equal Employment Opportunity Commission (EEOC) Equal Employment Opportunity Commission (EEOC)  Enforces most Federal employment discrimination laws Office of Federal Contract Compliance Programs (OFCCP) Office of Federal Contract Compliance Programs (OFCCP)  Enforces Executive Order 11246 STATE OFFICES AND AGENCIES THE COURTS 3-11

22. EEO and Affirmative Action EEO is the law and not voluntary EEO is the law and not voluntary Applies to everyone Applies to everyone Is colorblind Is colorblind Protects against discrimination based on race, religion, sex, national origin, and age Protects against discrimination based on race, religion, sex, national origin, and age Affirmative Action is voluntary Is temporary Designed to correct past injustices.

23. 3-13 Designed to eliminate past imbalances Designed to eliminate past imbalances Must not unnecessarily trammel the rights of the majority (known as reverse discrimination) Must not unnecessarily trammel the rights of the majority (known as reverse discrimination) Must be temporary Must be temporary Must not provide for set aside positions Must not provide for set aside positions Workplace Discrimination: Affirmative Action Plans Analyze under- representation and availability Set goals Specify how goals are to be attained Voluntary Plans Involuntary Plans

24. 3-12 Designed to overcome past imbalances based upon a protected group category Designed to overcome past imbalances based upon a protected group category Commonly equated with preferences and special treatment Commonly equated with preferences and special treatment Legality depends on its source Legality depends on its source  Involuntary or Court Mandated EO 11246 requirement or court ordered  Voluntary Considerable court scrutiny (see United Steelworkers v. Weber and Johnson v. Transportation Agency) The debate lives on in court The debate lives on in court Workplace Discrimination: Affirmative Action

25. Sexual Harassment Any form of conduct a reasonable person would find offensive; physical, verbal or environmental. Any form of conduct a reasonable person would find offensive; physical, verbal or environmental. Unwelcome sexual advances. Unwelcome sexual advances. Request for sexual favors. Request for sexual favors. Other verbal or physical contact of a sexual nature when any of following apply........ Other verbal or physical contact of a sexual nature when any of following apply........

26. Sexual Harassment... continued. Submission to such conduct is made explicitly or implicitly a term or condition of one’s employment Submission to such conduct is made explicitly or implicitly a term or condition of one’s employment Submission to or rejection of such conduct is used as basis for decisions affecting employment Submission to or rejection of such conduct is used as basis for decisions affecting employment The conduct has purpose of unreasonable interfering with performance, or....... The conduct has purpose of unreasonable interfering with performance, or.......

27. Has a purpose of creating an intimidating, hostile, or offensive work environment. Has a purpose of creating an intimidating, hostile, or offensive work environment. Burden is on employer to remove offensive items or stop offensive behavior. May also extend to off-duty and off-premises conduct. Burden is on employer to remove offensive items or stop offensive behavior. May also extend to off-duty and off-premises conduct. Sexual Harassment.... continued

28. Sexual Harassment, Employer Responsibility Develop a policy against sexual harassment. Develop a policy against sexual harassment. Promptly and thoroughly investigate all complaints. Promptly and thoroughly investigate all complaints. Properly discipline all offenders Properly discipline all offenders

29. Contents of Sexual harassment Policy Define sexual harassment. Define sexual harassment. Encourage people to come forward with complaints. Encourage people to come forward with complaints. Promise confidentiality. Promise confidentiality. Alternative channel for filing complaints. Alternative channel for filing complaints. Promise prompt & thorough investigation. Promise prompt & thorough investigation.

30. Contents of Sexual harassment Policy Promise the company may take interim steps pending full investigation. Promise the company may take interim steps pending full investigation. Appropriate disciplinary action against offenders. Appropriate disciplinary action against offenders. Assure that there will be no retaliation or punishment for complaining. Assure that there will be no retaliation or punishment for complaining.

31. ADA Disability Definition An individual who has a physical or mental impairment that substantially limits one or more of the major life activities, who has a record of such impairment or who is regarded as having an impairment. An individual who has a physical or mental impairment that substantially limits one or more of the major life activities, who has a record of such impairment or who is regarded as having an impairment.

32. ADA Prohibited Questions Do you have aids? Asthma? Mental Condition? Do you have aids? Asthma? Mental Condition? Do you have a disability that would interfere with your ability to perform this job? Do you have a disability that would interfere with your ability to perform this job? What prescription drugs are you taking What prescription drugs are you taking

33. Permissible Questions Under ADA Can you perform the functions of this job with or without reasonable accommodation? Can you perform the functions of this job with or without reasonable accommodation? Please describe or demonstrate how you would perform these functions. Please describe or demonstrate how you would perform these functions.

34. Permissible Questions Under ADA Can you meet the attendance requirements of this job? Can you meet the attendance requirements of this job? How much do you weigh? Height? How much do you weigh? Height? Do you regularly eat three meals a day? ( Be careful here, Why do you need info?) Do you regularly eat three meals a day? ( Be careful here, Why do you need info?)

35. Reasonable Accommodation Unless employer can prove undue hardship the term reasonable accommodation may include following. Unless employer can prove undue hardship the term reasonable accommodation may include following. Make existing facilities readily accessible and usable by disabled. Make existing facilities readily accessible and usable by disabled. Restructure job; part-time or modified work schedules; reassign to vacant position; acquire or modify equipment; provide qualified readers or interpreters. Restructure job; part-time or modified work schedules; reassign to vacant position; acquire or modify equipment; provide qualified readers or interpreters.

36. Pre-employment Medical Exams No medical exam before conditional offer of employment. No medical exam before conditional offer of employment. Physical agility / fitness tests O.K. Physical agility / fitness tests O.K. Certain psychological tests measuring ability to perform O.K. Certain psychological tests measuring ability to perform O.K. Drug and Alcohol tests O. K. Drug and Alcohol tests O. K.

37. How to proceed safely under ADA Assume the employee is disabled if so claimed and try to determine reasonable accommodation. Assume the employee is disabled if so claimed and try to determine reasonable accommodation. Initiate an interactive discussion with employee about accommodation. Initiate an interactive discussion with employee about accommodation. Do as much as you can and then a little more. Do as much as you can and then a little more.

38. Title VII of the Civil Rights Act of 1964 Prohibits discrimination against employees on the basis of (protected categories): Prohibits discrimination against employees on the basis of (protected categories): race race color color religion religion sex sex national origin national origin Prohibits discrimination with regard to any employment condition Prohibits discrimination with regard to any employment condition

39. Title VII of the Civil Rights Act of 1964 (continued) Covered entities include: Covered entities include: Private employers with 15 or more employees Private employers with 15 or more employees Labor organizations with 15 or more members Labor organizations with 15 or more members Employment agencies Employment agencies Federal, state, and local government employers Federal, state, and local government employers Exempt entities include: Exempt entities include: Private membership clubs Private membership clubs Native American tribes Native American tribes

40. Sexual Harassment (1 of 2) Considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964 Considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964 is actionable when it occurs between same as well as opposite sex individuals is actionable when it occurs between same as well as opposite sex individuals Forms of sexual harassment: Forms of sexual harassment: Quid pro quo – exchange of sexual favors for job benefits Quid pro quo – exchange of sexual favors for job benefits Hostile work environment – creation of an offensive working environment Hostile work environment – creation of an offensive working environment

41. Sexual Harassment (2 of 2) Key U.S. Supreme Court cases: Key U.S. Supreme Court cases: Pease v. Alford Photo Industries, Inc. Pease v. Alford Photo Industries, Inc. Meritor Savings Bank v. Vinson Meritor Savings Bank v. Vinson Faragher v. City of Boca Raton Faragher v. City of Boca Raton Burlington Industries v. Ellerth Burlington Industries v. Ellerth

42. Five elements for “quid pro quo.” Plaintiff is a member of protected class Plaintiff is a member of protected class Plaintiff was subject to unwelcome SH from supervisor Plaintiff was subject to unwelcome SH from supervisor Harassment claimed was based on sex Harassment claimed was based on sex Submission was an implied condition to receiving some form of job benefit. Submission was an implied condition to receiving some form of job benefit. Employer knew or should have known Employer knew or should have known

43. What can an employer do? Have a written policy on Sexual harassment. Have a written policy on Sexual harassment. Publicize the policy Publicize the policy Prohibit relation for reporting Sexual harassment Prohibit relation for reporting Sexual harassment Multiple channels for reporting complaints Multiple channels for reporting complaints Assure prompt investigation and remidial action. Assure prompt investigation and remidial action. Provisions of confidentiality Provisions of confidentiality

44. Pregnancy Discrimination Act of 1978 Amended Title VII to protect pregnant women from employment discrimination Amended Title VII to protect pregnant women from employment discrimination Prohibits employers from discrimination in providing employee benefits such as: Prohibits employers from discrimination in providing employee benefits such as: vacation time vacation time sick leave sick leave health insurance health insurance Pregnancy to be treated on same basis as any other medical problem or disability Pregnancy to be treated on same basis as any other medical problem or disability

45. Prentice Hall, 2001Chapter 145 Other Title VII Issues Religious Discrimination “English-Only” Rules

46. Civil Rights Act of 1991 (1 of 3) Amends Title VII Amends Title VII Allows plaintiffs to seek compensatory and punitive damages for intentional discrimination Allows plaintiffs to seek compensatory and punitive damages for intentional discrimination Allows plaintiffs to demand jury trial for intentional discrimination claims Allows plaintiffs to demand jury trial for intentional discrimination claims Reverses the U.S. Supreme Court’s decision in the Wards Cove Packing Co. v. Atonio case Reverses the U.S. Supreme Court’s decision in the Wards Cove Packing Co. v. Atonio case

47. Civil Rights Act of 1991 (2 of 3) Prohibits adjusting test scores or using different cutoff scores on the basis of a protected category Prohibits adjusting test scores or using different cutoff scores on the basis of a protected category Clarifies the concept of mixed motive in disparate treatment cases Clarifies the concept of mixed motive in disparate treatment cases Extends the coverage of Title VII and the Americans with Disabilities Act to U.S. citizens employed by covered entities operating in foreign countries Extends the coverage of Title VII and the Americans with Disabilities Act to U.S. citizens employed by covered entities operating in foreign countries

48. Civil Rights Act of 1991 (3 of 3) Charges the EEOC with the tasks of providing technical assistance, education, and outreach Charges the EEOC with the tasks of providing technical assistance, education, and outreach Expands the coverage of Title VII to the U.S. House of Representatives and agencies of the legislative branch Expands the coverage of Title VII to the U.S. House of Representatives and agencies of the legislative branch Encourages the use of alternate dispute resolution to resolve employment discrimination disputes. Encourages the use of alternate dispute resolution to resolve employment discrimination disputes.

49. Executive Order 11246 (1965) Federal contractors, subcontractors, and federally assisted construction projects must: Federal contractors, subcontractors, and federally assisted construction projects must: develop a written plan of affirmative action develop a written plan of affirmative action establish numerical goals and timetables to achieve integration and equal opportunity establish numerical goals and timetables to achieve integration and equal opportunity

50. Equal Pay Act of 1963 Established the concept of equal pay for equal work Established the concept of equal pay for equal work Prohibits wage differentials based on gender between men and women performing the same work in organizations Prohibits wage differentials based on gender between men and women performing the same work in organizations

51. Age Discrimination in Employment Act of 1967 (ADEA) Protects individuals 40 years of age and older from employment discrimination based upon their age Protects individuals 40 years of age and older from employment discrimination based upon their age The act covers the actions of: The act covers the actions of: private employers with 20 or more employees private employers with 20 or more employees employment agencies employment agencies labor organizations with at least 25 members labor organizations with at least 25 members federal, state, and local governments federal, state, and local governments

52. Americans with Disabilities Act of 1990 (ADA) (1 of 3) Prohibits discrimination against qualified individuals with disabilities on the basis of those disabilities in all aspects of employment Prohibits discrimination against qualified individuals with disabilities on the basis of those disabilities in all aspects of employment private employers with 15 or more employees private employers with 15 or more employees state and local government employers state and local government employers U.S. Congress U.S. Congress Federal government employers and contractors are covered under the Rehabilitation Act of 1973 Federal government employers and contractors are covered under the Rehabilitation Act of 1973

53. Americans with Disabilities Act of 1990 (ADA) (2 of 3) Employers must make reasonable accommodations for the known disabilities of a qualified individual with a disability Employers must make reasonable accommodations for the known disabilities of a qualified individual with a disability Qualified individual with a disability: Qualified individual with a disability: can perform the essential functions of a job can perform the essential functions of a job with or without reasonable accommodation with or without reasonable accommodation

54. Americans with Disabilities Act of 1990 (ADA) (3 of 3) Employers are not required to make disability accommodations if doing so would create undue hardship for the organization Employers are not required to make disability accommodations if doing so would create undue hardship for the organization Key U.S. Supreme Court cases: Key U.S. Supreme Court cases: Sutton et al. v. United Airlines Sutton et al. v. United Airlines Albertsons, Inc. v. Kirkingburg Albertsons, Inc. v. Kirkingburg Murphy v. United Parcel Service Inc. Murphy v. United Parcel Service Inc.

55. Americans with Disabilities Act of 1990 (ADA) (3 of 3) Employers are not required to make disability accommodations if doing so would create undue hardship for the organization Employers are not required to make disability accommodations if doing so would create undue hardship for the organization Key U.S. Supreme Court cases: Key U.S. Supreme Court cases: Sutton et al. v. United Airlines Sutton et al. v. United Airlines Albertsons, Inc. v. Kirkingburg Albertsons, Inc. v. Kirkingburg Murphy v. United Parcel Service Inc. Murphy v. United Parcel Service Inc.

56. Enforcing the Law Equal Employment Opportunity Commission (EEOC) Equal Employment Opportunity Commission (EEOC) Title VII Title VII Office of Federal Contract Compliance Programs (OFCCP) Office of Federal Contract Compliance Programs (OFCCP) Executive Order 11246 Executive Order 11246 The Courts The Courts interpret the laws governing EEO interpret the laws governing EEO

57. Voluntary Affirmative Action Plans Key U.S. Supreme Court cases: Key U.S. Supreme Court cases: United Steelworkers of America v. Weber United Steelworkers of America v. Weber Johnson v. Transportation Agency Johnson v. Transportation Agency The Supreme Court’s decisions established the criteria necessary for lawful voluntary affirmative action plans (AAP) in organizations The Supreme Court’s decisions established the criteria necessary for lawful voluntary affirmative action plans (AAP) in organizations

58. Criteria for Voluntary AAPs The AAP must exist to eliminate past imbalances based on a protected group category The AAP must exist to eliminate past imbalances based on a protected group category The AAP must not necessarily trammel the rights of the majority The AAP must not necessarily trammel the rights of the majority The plan must be temporary The plan must be temporary The plan must not provide for set-aside provisions The plan must not provide for set-aside provisions

59. Involuntary Affirmative Action Plans (1 of 2) OFCCP Revised Order No. 4 – suggests the format and parts of an AAP OFCCP Revised Order No. 4 – suggests the format and parts of an AAP Integral steps in developing an AAP: Integral steps in developing an AAP: 1. Analyze under representation and availability 2. Set goals 3. Specify how goals are to be attained

60. Involuntary Affirmative Action Plans (2 of 2) Key U.S. Supreme Court cases: Key U.S. Supreme Court cases: Adarand Constructors Inc. v. Peńa Adarand Constructors Inc. v. Peńa Hopwood v. State of Texas Hopwood v. State of Texas

61. Summary EEO programs are designed to eliminate bias in HRM programs EEO programs are designed to eliminate bias in HRM programs The role of EEO and the law as a significant force in shaping HRM policies and programs is an accepted fact in society The role of EEO and the law as a significant force in shaping HRM policies and programs is an accepted fact in society The law, executive orders, and court interpretations will continue to influence every phase of HRM programs and activities The law, executive orders, and court interpretations will continue to influence every phase of HRM programs and activities

62. Sample topics Examine a company from HR perspective Examine a company from HR perspective Industry practices Industry practices Glass ceiling Glass ceiling Careers Careers Benefits of future Benefits of future Employee burnout Employee burnout Outplacement and Layoffs Outplacement and Layoffs Corporate culture Corporate culture Introducing change in an organization Introducing change in an organization