1. Chapter Five Equal Employment Opportunity: The Legal Environment

2. Copyright © Houghton Mifflin Company. All rights reserved. 5–25–2 Chapter Outline The EEO Environment Discrimination Defined Legal and Regulatory Documents Enforcement of EEO Laws and Regulations Providing Illegal Discrimination Management’s Response

3. Copyright © Houghton Mifflin Company. All rights reserved. 5–35–3 Table 5.1 The EEO Environment Source: From Federal Regulation of Personnel and Human Resource Management, 2 nd ed., by Ledvinka/Scarpello. Copyright © 1991 PWS-Kent. Reprinted by permission of South-Western College Publishing, a division of Thomson Publishing Inc., Cincinnati, Ohio 45227.

4. Copyright © Houghton Mifflin Company. All rights reserved. 5–45–4 Discrimination Defined To Distinguish Clearly or Differentiate Protected Class

5. Copyright © Houghton Mifflin Company. All rights reserved. 5–55–5 Legal and Regulatory Documents The Constitution Federal Legislation –Civil Rights Acts of 1866 and 1871 –Equal Pay Act of 1963 –Civil Rights Act of 1964 Title VII of the Civil Rights Act Pregnancy Discrimination act of 1978 Title VII and Fetal Protection Policies Sexual Harassment Religious Harassment

6. Copyright © Houghton Mifflin Company. All rights reserved. 5–65–6 Legal and Regulatory Documents (cont’d) Federal Legislation (cont’d) –Age Discrimination in Employment Act of 1967 –Older Workers Protection Act of 1990 –Vocational Rehabilitation Act of 1973 –Americans with Disabilities Act of 1990 Administration by EEOC

7. Copyright © Houghton Mifflin Company. All rights reserved. 5–75–7 Summary of the Charges Received and Resolved by the EEOC Source: U.S. Equal Employment Opportunity Commission. (Available at: http://www.eeoc.gov/stats/enforcement.html)

8. Copyright © Houghton Mifflin Company. All rights reserved. 5–85–8 Figure 5.1 Most Common Impairments Alleged under ADA Note: This is not a complete list; therefore percentages do not add up to 100. Blood Disorders include HIV (1.6%). *Based on charges received July 26, 1992, to September 30, 2003. Source: U.S. Equal Employment Opportunity Commission. (Available at: http://www.eeoc.gov/stats/ada-receipts.html).

9. Copyright © Houghton Mifflin Company. All rights reserved. 5–95–9 Legal and Regulatory Documents (cont’d) Federal Legislation (cont’d) –Americans with Disabilities Act of 1990 Administration by EEOC Defining “Disability” Reasonable Accommodation AIDS-Related Cases Obesity Genetic Discrimination Workplace Violence –Immigration Reform and Control Act of 1986 English-Only Rules –Civil Rights Act of 1991 Jury Trials and the Civil Rights Act of 1991 –Family and Medical Leave Act of 1993

10. Copyright © Houghton Mifflin Company. All rights reserved. 5–10 Family and Medical Leave Survey Statistics 16.5% of all employees took leave for a family or medical reason 52.4% of those who took leave did so because of their own health, while 18.5% did so to care for a new baby, 13% to care for an ill parent, and 11.5% to care for an ill child Only 2.4% needing leave could not take it, the most common reason being the inability to afford the leave 16% of establishments covered by the FMLA and 41% of employees (at both covered and noncovered establishments) were not aware of the act.

11. Copyright © Houghton Mifflin Company. All rights reserved. 5–11 Family and Medical Leave Survey Statistics (cont’d) 78.7% said that the leave had positive affects on their ability to care for family members 70.1% said that the leave had positive affects on their family members’ well being 63% said the leave had positive affects on their own or family members’ physical health 65.8% received at least some pay during their leave

12. Copyright © Houghton Mifflin Company. All rights reserved. 5–12 Legal and Regulatory Documents (cont’d) Executive Orders – “Glass Ceiling” Initiative and Beyond Affirmative Action Plans (AAPs) Utilization Analysis Availability Analysis Identification of Problem Areas Corrective Actions, with Goals and Timetables The Current Debate Over Affirmative Action

13. Copyright © Houghton Mifflin Company. All rights reserved. 5–13 Legal and Regulatory Documents (cont’d) Executive Orders –The Problem of Reverse Discrimination Steelworkers v. Weber Firefighters Local Union 1784 v. Stotts City of Richmond v. J. A. Conson Adarand Constructors, Inc. v. Pena Uniform Guidelines

14. Copyright © Houghton Mifflin Company. All rights reserved. 5–14 The Current Debate over Affirmative Action Regents v. Bakke (1978) Board of Education of the Township of Piscataway v. Taxman (1996) University of Michigan Cases –Law School: Grutter v. Bollinger (2003) –Undergrad Admission: Gratz v. Bollinger (2003)

15. Copyright © Houghton Mifflin Company. All rights reserved. 5–15 Enforcement of EEO Laws and Regulations Equal Employment Opportunity Commission (EEOC) EEOC’s Procedural Steps: –The Charge –The Investigation –The Conciliation Meeting –EEOC and Judicial Enforcement

16. Copyright © Houghton Mifflin Company. All rights reserved. 5–16 Enforcement of EEO Laws and Regulations (cont’d) Office of Federal Contract Compliance Programs (OFCCP) OFCCP’s Review Process: –Types of Reviews –The Review Procedure –OFCCP Decisions –Administrative and Judicial Enforcement The Federal Courts

17. Copyright © Houghton Mifflin Company. All rights reserved. 5–17 Providing Illegal Discrimination The Prima Facie Case –Disparate Treatment (McDonnell Douglas Corp. v. Green) –Disparate Impact (Griggs v. Duke Power Co.) –Four-Fifths Rule –Retaliation EEOC v. Union Bank of Arizona U.S. v. City of Socorro

18. Copyright © Houghton Mifflin Company. All rights reserved. 5–18 Providing Illegal Discrimination (cont’d) Rebutting a Prima Facie Case –Job Relatedness Albermarle Paper Company v. Moody –Bona Fide Occupational Qualification Dothard v. Rawlinson Diaz v. Pan American World Airways –Bona Fide Seniority System Teamsters v. United States Firefighters Local Union 1784 v. Slotts –Business Necessity Furnco Construction Corporation v. Waters

19. Copyright © Houghton Mifflin Company. All rights reserved. 5–19 Management’s Response Take Control Make Procedures Objective and Job-Related Develop Grievance Procedures Act Affirmatively If a Complaint is Filed

20. Copyright © Houghton Mifflin Company. All rights reserved. 5–20 Figure 5.5 A corporate Policy against Sexual Harassment of Employees

21. Copyright © Houghton Mifflin Company. All rights reserved. 5–21 Review The EEO Environment Discrimination Defined Legal and Regulatory Documents Enforcement of EEO Laws and Regulations Providing Illegal Discrimination Management’s Response