ch03

CHAPTER 3Equal Employment Opportunity

DeCenzo and Robbins HRM 7th Edition

CHAPTER 3 TOPICS: 1: Civil Rights Act of 1964 2: Equal Employment Opportunity Act of 1972 3: Affirmative action 4: Adverse impact, for example 5: Americans with Disabilities Act of 1990 6: Family and Medical Leave Act of 1993 7: Discrimination charge defenses 8: Griggs v. Duke Power 9: Sexual harassment10: Glass ceiling


1: CIVIL RIGHTS LEGISLATIONCivil Rights Act of 1866Civil Rights Act of 1964Title VIITitle IX


1: TITLE VII PROHIBITS DISCRIMINATIONINHiringCompensationTerms, conditions or privileges of employment BASED ONRace, religion, color, sex, national origin25 OR MORE EMPLOYEES


2: EQUAL EMPLOYMENT OPPORTUNITY ACTTitle VII AmendmentsEnforcementInterpretationEEOC createdProhibit discriminationFile civil suitCoverage expandedState and localEducational institutionsOver 15 employees


3: AFFIRMATIVE ACTIONStipulated by Title VIIPreferential treatment to minority group membersRecruitingHiring


3: REASONS FOR AFFIRMATIVE ACTIONMajority workers were white maleU.S. companies were growingCorrect past prejudiceChange had to have legal and social coercion


3: CURRENT AFFIRMATIVE ACTION Fair employmentGroups given preferential treatmentIndividual performance should determine employment actionsGoal: Equal employment opportunity for all individuals


4: HOW TO DETERMINE EEO?Adverse impactConsequence of practiceDisparate impactAdverse treatmentTreatment of protected classDisparate treatment


4: AGE DISCRIMINATION IN EMPLOYMENT ACT196740 or 60 or ???Save $$Punitive damages 20+ employeesGovernment, employment agencies, labor organizations


4: PREGNANCY DISCRIMINATION ACT1978HireInsureFireDepends on other benefits coverage


5: AMERICANS WITH DISABILITIES ACT1990Reasonable accommodationReassignment15 or more employeesPrivate and public


6: FAMILY AND MEDICAL LEAVE ACT1993Family matters (childbirth, adoption, sick child)12 weeks unpaidHealth insuranceCome back to a jobWho is covered?


6: EXECUTIVE ORDERSProtect federal workers against discrimination112461965 Race, religion, color, national origin Office of Federal Contract Compliance Programs


6: MORE EXECUTIVE ORDERS11375Sex11478Political affiliationMarital statusPhysical disability


6: CIVIL RIGHTS ACT OF 1991Glass Ceiling ActPunitive damages


7: DETERMINING DISCRIMINATIONAdverse impact on more than one individualTests indicate risky/questionable practices


7: WAYS TO DETERMINE DISCRIMINATION4/5ths ruleRestricted policyGeographical comparisonMcDonnell-Douglas test


7: 4/5TH RULEEEOC guidelineEach step of the selection processMinority numbers must be 80% of majority numbers


7: RESTRICTED POLICYThrough hiring practicesIntentional or notA protected classExcluded from consideration


7: GEOGRAPHICAL COMPARISONQualified pool of applicants

MATCHED AGAINST

Characteristics of employees


7: MCDONNELL-DOUGLAS TESTMember of a protected groupQualified for jobRejectedEnterprise then continues to seek other applicants with similar qualifications


7: WHAT TO DO WHEN.EEO ALLEGES DISCRIMINATIONBusiness necessityBonafide occupational qualificationSeniority


7: BUSINESS NECESSITYOperate in a safe and efficient mannerEmployees possess appropriate SkillsKnowledgeAbilities


7: BFOQTitle VII exceptionsSexAgeReligionJob requirements Reasonably necessary to meet the normal operation of that business or enterprise


8: DISCRIMINATION CASESGriggs v. Duke PowerAlbemarle Paper Company v. MoodyWards Cove Packing Company v. Antonio

See Exhibit 3-5


Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO


8: GRIGGS V. DUKE POWERInterpretative guidelines for Title VIIEmployment testingEmployers have burden of proof that tests provide a reasonable measure of job performance


8: ALBEMARLE PAPER COMPANY V. MOODYUse and validate selection testsTests not validated before useTests used for hiring and promotion Subjective supervisor ratingsValidating process


8: WARDS COVE PACKING COMPANYSalmon canneryBurden of proof shifted to employee


8: REVERSE DESCRIMINATIONAllen BakkeUC Davis Medical School entranceSeats could not be set asideBrian WebberKaiser Aluminum training programEndorsed voluntary affirmative action


8: YOUR HR ISSUES AREHRM practices may be challenged by anyoneSO.DefendExplainOR ELSE


9: ROLE OF EEOCNotify organization of chargeNotify organization of findingsIf causeInformal processMediation meetingEEOC may file charges in court


9: SEXUAL HARASSMENT15,000 complaints a yearDefinedHostile environmentInterferes with workAdversely affects employment opportunity


9: ROLE OF HRM IN SEXUAL HARASSMENTIssue a policyEstablish procedureInform employeesTrain managersInvestigateCorrective actionFollow upReview turnoverPrivacy- recognition


10: GLASS CEILINGComparable worthInvisible barrier to promotionAudit compliance programsTrainingOrganizational culture


QUICK: REVIEW CHAPTER 3ANSWER THESE QUESTIONS ON A SHEET OF PAPER. 1. THE MOST IMPORTANT THING WE DID IN CLASS TODAY _______.2. I STILL HAVE QUESTIONS ABOUT___. 3. THE BEST THING ABOUT CLASS TODAY WAS _______________.4. DONT D0 ____________ ANYMORE.TURN THEM IN, PLEASE. NO NAMES. WELL TALK NEXT CLASS SESSION


PREVIEW: CHAPTER 4Ask 3 people you know: Did you ever have to take a -drug test to get a job?drug test to keep a job?polygraph test to get a job?polygraph test to keep a job?Then ask about EMPLOYEE RIGHTS.

Write up their responses for 1 extra point on your final grade.


Exhibit 3-1: Summary of Laws Affecting Discrimination


Exhibit 3-2: Family and Medical Act


Exhibit 3-3: Employer Communications Requirements Under FMLA


Exhibit 3-4: Applying the 4/5ths Rule


ch03

Documents

Transcript of ch03