1. © 2008 by Prentice Hall3-1 Human Resource Management Chapter 3 WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY, AND AFFIRMATIVE ACTION

2. © 2008 by Prentice Hall3-2 HRM in Action: Sequencing Moms, Bringing Them Back Today, more new mothers are leaving the labor force only to return later, often called sequencing moms Major employers are reaching out to sequencing moms to be sure they do not make a permanent exit Tangible shift toward companies accepting returning women professionals

3. © 2008 by Prentice Hall3-3 Diversity and Diversity Management Diversity - Any perceived difference among people: age, race, religion, functional specialty, profession, sexual orientation, geographic origin, lifestyle, tenure with organization, or position, and any other perceived difference.

4. © 2008 by Prentice Hall3-4 Diversity Management Ensuring factors are in place to provide for and encourage continued development of diverse workforce by melding actual and perceived differences among workers to achieve maximum productivity

5. © 2008 by Prentice Hall3-5 Managing 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

6. © 2008 by Prentice Hall3-6 Women in Business Account for 45% of workforce Hold half of all management, professional, and related occupations Over 9 million women-owned businesses Increasing number of nontraditional households Organizations must address work/family issues

7. © 2008 by Prentice Hall3-7 Workers of Color Often experience stereotypes Often encounter misunderstandings and expectations Bicultural stress Socialization in one’s culture of origin can lead to misunderstandings in workplace

8. © 2008 by Prentice Hall3-8 Older Workers Population is growing Long-term labor shortage is developing Many organizations actively courting older employees to remain on job longer Needs and interests may change May require retraining

9. © 2008 by Prentice Hall3-9 Persons with Disabilities Limits amount or kind of work 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 Serious barrier is bias, or prejudice Manager can set the tone

10. © 2008 by Prentice Hall3-10 Immigrants Large numbers of immigrants from Asia and Latin America have settled in many parts of United States Newer immigrants require time to adapt Managers must work to understand different cultures and languages

11. © 2008 by Prentice Hall3-11 Trends & Innovations: Superdads Majority of men today are vastly more involved in the rearing of their children and maintenance of their households than their fathers were Job of stay-at-home dad is becoming more attractive to today’s working dads Have disadvantage of having few role models to show them the way

12. © 2008 by Prentice Hall3-12 Equal Employment Opportunity And Affirmative Action

13. © 2008 by Prentice Hall3-13 Equal Employment Opportunity: An Overview EEO modified since passage of Equal Pay Act of 1963, Civil Rights Act of 1964, and Age Discrimination in Employment Act of 1967 Congress has passed other legislation Major Supreme Court decisions interpreting provisions handed down Executive orders signed into law

14. © 2008 by Prentice Hall3-14 Laws Affecting Equal Employment Opportunity

15. © 2008 by Prentice Hall3-15 Civil Rights Act of 1866 Oldest federal legislation affecting staffing Based on Thirteenth Amendment No statute of limitations Employment is a contractual arrangement

16. © 2008 by Prentice Hall3-16 Equal Pay Act of 1963 Prohibits employer from paying employee of one gender less money than employee of opposite gender, if both employees do work that is substantially the same Jobs considered substantially the same when they require equal skill, effort, and responsibility and they are performed under similar working condition

17. © 2008 by Prentice Hall3-17 Title VII of Civil Rights Act of 1964 - - Amended 1972 Greatest impact on HR management Illegal for employer to discriminate Fifteen or more employees Exceptions to Title VII Persons not covered by Title VII Created the Equal Employment Opportunity Commission (EEOC)

18. © 2008 by Prentice Hall3-18 Illegal for Employer to Discriminate Race Color Sex Religion National origin

19. © 2008 by Prentice Hall3-19 Exceptions to Title VII Bona fide occupational qualifications (BFOQs) Seniority and merit systems Testing and educational requirements

20. © 2008 by Prentice Hall3-20 Persons Not Covered by Title VII Aliens not authorized to work in United States Members of Communist party Homosexuals

21. © 2008 by Prentice Hall3-21 Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986 Illegal to discriminate against anyone 40 years or older Administered by EEOC Pertains to employers who have 20 or more employees Provides for trial by jury Possible criminal penalty Older Workers Benefit Protection Act (OWBPA)

22. © 2008 by Prentice Hall3-22 Age Can Be Bona Fide Occupational Qualification Federal Aviation Administration can force commercial pilots to retire at 60 Greyhound did not violate ADEA when refused to hire persons 35 years or older as intercity bus drivers Likelihood of risk or harm to passengers was involved with both cases

23. © 2008 by Prentice Hall3-23 Rehabilitation Act of 1973 Prohibits discrimination against disabled workers Government contractors, subcontractors, and organizations Two primary levels $2,500 required to post notices they agree to take affirmative action to recruit, employ, and promote qualified disabled individuals

24. © 2008 by Prentice Hall3-24 Rehabilitation Act of 1973 (Cont.) If contract or subcontract exceeds $50,000, or if contractor has 50 or more employees, employer must prepare written affirmative action plan Administered by Office of Federal Contract Compliance Programs (OFCCP)

25. © 2008 by Prentice Hall3-25 Pregnancy Discrimination Act of 1978 Amendment to Title VII of Civil Rights Act Pregnancy, childbirth, or related medical condition Questions about family plans, birth control techniques, and the like may be discriminatory because they are not asked of men Benefits area also covered

26. © 2008 by Prentice Hall3-26 Immigration Reform and Control Act (IRCA) of 1986 Granted amnesty to approximately 1.7 million long-term unauthorized workers Established criminal and civil sanctions against employers who knowingly hire unauthorized aliens Reduces threshold coverage to 4 employees Toughened criminal sanctions for employers who hire illegal aliens

27. © 2008 by Prentice Hall3-27 Immigration Reform and Control Act (IRCA) of 1986 (Cont.) Employers must require all new employees to complete and sign a verification form (Form I-9) to certify their eligibility for employment Establish their eligibility for employment by presenting a U.S. passport, alien registration card with photograph, or a work permit that establishes the person’s identity and employment eligibility

28. © 2008 by Prentice Hall3-28 Equal Employment Opportunity Commission (EEOC) Title VII of Civil Rights Act, as amended, created the EEOC Filing a discrimination charge initiates EEOC action. Certain exceptions to coverage of Title VII

29. © 2008 by Prentice Hall3-29 Steps in Handling a Discrimination Case Charge Filed Investigation by the EEOC Issue a Probable Cause or a No Probable Cause Statement Attempt at Conciliation Recommendations for or Against Litigation Attempt at a No-Fault Settlement Recommendation Against Litigation – Right to Sue Notice Issued to Charging Party Recommendation for Litigation – EEOC Initiates Action

30. © 2008 by Prentice Hall3-30 Equal Employment Opportunity Commission (Cont.) Some factors that determine whether EEOC will pursue litigation are (1) number of people affected by alleged practice; (2) amount of money involved in charge; (3) other charges against employer; and (4) type of charge. EEOC files suit in only about 1% of charges

31. © 2008 by Prentice Hall3-31 Uniform Guidelines on Employee Selection Procedures Single set of principles designed to assist employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on basis of race, color, religion, gender, and national origin

32. © 2008 by Prentice Hall3-32 Concept of Disparate Treatment Employer simply treats some people less favorably than others because of race, religion, sex, national origin, or age Most easily understood form of discrimination Common forms of disparate treatment include selection rules with racial, sexual, or other premise, prejudicial action, unequal treatment on individual basis, and different hiring standards for different groups

33. © 2008 by Prentice Hall3-33 Concept of Adverse Impact Defined in terms of selection rates Established by Uniform Guidelines Occurs if women and minorities are not hired at rate of at least 80% of best- achieving group Also called the four-fifths rule

34. © 2008 by Prentice Hall3-34 Concept of Adverse Impact (Cont.) Success rate for women and minority applicants Success rate for best-achieving group applicants Assuming adverse impact shown, employers have two avenues available if they desire to use particular selection standard. First, employer may validate a selection device by showing it is predictor of success Second avenue is bona fide occupational qualification (BFOQ) defense = Determination of adverse impact

35. © 2008 by Prentice Hall3-35 Adverse Impact Example 1 During 2007, 400 people were hired for a particular job. Of the total, 300 were white and 100 were black. There were 1,500 qualified applicants for these jobs, of whom 1,000 were white and 500 were black. Using the adverse impact formula, you have: 100/500 0.2 ________ = _____ = 66.67% 300/1,000 0.3 Thus, adverse impact exists.

36. © 2008 by Prentice Hall3-36 Adverse Impact Example 2 During 2007, assume that 300 blacks and 300 whites were hired. But there were 1,500 qualified black applicants and 1,000 qualified white applicants. Using the adverse impact formula, you have: 300/1,500 0.2 _________ = ____ = 66.67% 300/1,000 0.3 Thus, adverse impact exists.

37. © 2008 by Prentice Hall3-37 Additional Guidelines Guidelines on Sexual Harassment Guidelines on Discrimination Because of National Origin Guidelines on Discrimination Because of Religion

38. © 2008 by Prentice Hall3-38 Guidelines on Sexual Harassment Title VII generally prohibits gender discrimination in employment EEOC issued interpretative guidelines Two distinct types of sexual harassment; (1) where hostile work environment is created, and (2) when there is quid pro quo

39. © 2008 by Prentice Hall3-39 EEOC Definition of Sexual Harassment 1.When submission to such conduct is made either explicitly or implicitly a term or condition of individual’s employment 2.When submission to or rejection of such conduct by individual is used as basis for employment decisions affecting individual 3.When conduct has purpose or effect of unreasonably interfering with individual’s work performance or creating intimidating, hostile, or offensive working environment Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of sexual nature that occur under any of following situations:

40. © 2008 by Prentice Hall3-40 Sexual Harassment Employers are liable for acts of supervisors, regardless of whether employer is aware of sexual harassment act Employer is responsible for acts of co-workers if employer knew, or should have known, about them May be liable for acts committed by nonemployees in workplace Immediate and appropriate action

41. © 2008 by Prentice Hall3-41 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 physical, cultural, or linguistic characteristics of national origin group

42. © 2008 by Prentice Hall3-42 Guidelines on Discrimination Because of National Origin (Cont.) National origin protection also covers (1) marriage or association with person of specific national origin (2) membership in, or association with, organization identified with, or seeking to promote interests of national groups (3) attendance at, or participation in, schools, churches, temples, or mosques generally used by persons of national origin group (4) use of individual’s or spouse’s name that is associated with national origin group

43. © 2008 by Prentice Hall3-43 Executive Order 11375 In 1968 EO 11246 modified. Changed word “creed” to “religion” and added sex discrimination to other prohibited items