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Transcript of © 2003 Prentice Hall, Inc. 2-1 Instructor presentation questions: [email protected] Chapter 2...
© 2003 Prentice Hall, Inc.2-1
Instructor presentation questions: [email protected]
Chapter 2
Equal Opportunity and the Law
© 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
© 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
© 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
© 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
© 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
© 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
© 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
© 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.
© 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.
© 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
© 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
© 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
© 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
© 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
Definition
© 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
© 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?
© 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
© 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
© 2003 Prentice Hall, Inc.2-21
Sexual Violence
Federal Violence Against Women Act of 1994 Avenue to seek relief for violent sexual
harassment.
© 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
© 2003 Prentice Hall, Inc.2-23
Albemarle Paper Companyv. Moody
Validity of job tests must be documented
Performance standards must be unambiguous.
© 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.
© 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
© 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
© 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
© 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?
© 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 ?
© 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
© 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. Duke Job requirements based on job success
Action What it does
© 2003 Prentice Hall, Inc.2-32
Summary of Important EEO Actions
Case Albemarle v. Moody Burden of proof shifts to employer when showing qualification is valid
Equal Pay Act of 1963 Equal 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 laws Cover small employers
Action What it does
© 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 againstpregnant women
Vietnam Era Veterans Readjustment Assistance Act of 1974
Require affirmative action in employment for veterans
© 2003 Prentice Hall, Inc.2-34
Summary of Important EEO Actions
Action What it does
Case Ward Cove v. Atonio Harder 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 1991 Reverses earlier cases and puts burden of proof on employer
© 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
© 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
© 2003 Prentice Hall, Inc.2-37
What’s an Employer to Do?
Two main defenses BFOQ - Bona fide occupational
qualification Business necessity
© 2003 Prentice Hall, Inc.2-38
Other Considerations
Good intentions Collective bargaining
agreements Different responses
© 2003 Prentice Hall, Inc.2-39
Discriminatory Employment Practices
Recruitment practices Word of mouth Misleading information Help wanted gender ads
© 2003 Prentice Hall, Inc.2-40
Discriminatory Employment Practices
Selection standardsEducational requirementsTests which disproportionately screen minoritiesPreference to relativesPhysical characteristics requirementsArrest recordsCertain personal informationDischarge due to garnishment
© 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
© 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
© 2003 Prentice Hall, Inc.2-43
77%
8%9%
1%
5%
Title VII
ADA
ADEA
EPA
Concurrent
EEOC Case Types FY 2000
© 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?
© 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?
© 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
© 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
© 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
© 2003 Prentice Hall, Inc.2-49
Diversity Worksrace
gender
culture
national origin
age
handicap
racegender
handicap
culture
national origin
age
© 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
© 2003 Prentice Hall, Inc.2-51
Why Workplace Diversity Is Strategic
Better business decisions Handling challenges Company growth Globalization
© 2003 Prentice Hall, Inc.2-52
How to Encourage Diversity
Written philosophy Evaluate Recruit Interact with representative
minority groups and networks
Voluntary affirmative action
© 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.
© 2003 Prentice Hall, Inc.2-54
Useful Strategies in Affirmative Action
Ads to reach
minority
workers
Day careservice withflexible workhours
Minoritytraining to
better compete
Diversity candidate resource website
© 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