Copyright © 2009 Pearson Education, Inc. Copyright © 2009 Pearson Education, Inc. Publishing as...

Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 1

A Framework for Human Resource Management, 5th ed.

Gary Dessler


Managing Equal Opportunity and Diversity

Ch 2


When you finish studying this chapter, you should be able to:

• Summarize the basic equal employment opportunity laws regarding age, race, sex, national origin, religion, and handicap discrimination.

• Explain the basic defenses against discrimination allegations.

• Present a summary of what employers can and cannot do with respect to illegal recruitment, selection, and promotion and layoff practices.

• Explain the Equal Employment Opportunity Commission enforcement process.


Selected Equal Employment Opportunity Laws

• Fifth Amendment - states that “no person shall . . . be deprived of

life, liberty, or property, without due process of the law.”


The Equal Pay Act of 1963

• The Equal Pay Act of 1963 - cannot discriminate in pay on the basis of sex

when jobs involve equal work—equivalent skills, effort, and responsibility—and are performed under similar working conditions


Title VII of the 1964 Civil Rights Act

• Title VII of the 1964 Civil Rights Act - employer cannot discriminate based on race,

color, religion, sex, or national origin


Title VII of the 1964 Civil Rights Act (cont.)

It shall be an unlawful employment practice for an employer:

1. To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment.


Title VII of the 1964 Civil Rights Act (cont.)

2. To limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee.


Equal Employment Opportunity Commission (EEOC)

• Enhanced the federal government’s ability to enforce equal employment opportunity laws

• Receives and investigates job discrimination complaints from aggrieved individuals


Executive Orders

• Executive Orders 11246 and 11375- require that contractors take affirmative action

to ensure equal employment opportunity


Age Discrimination in Employment Act

• Age Discrimination in Employment Act - makes it unlawful to discriminate against

employees or applicants for employment who are 40 years of age or older


Vocational Rehabilitation Act

• Vocational Rehabilitation Act - requires employers with federal contracts over

$2,500 to take affirmative action for the employment of handicapped persons


Pregnancy Discrimination Act

• Pregnancy Discrimination Act - broadened the definition of sex discrimination

to encompass pregnancy, childbirth, or related medical conditions

- prohibits using these for discrimination in hiring, promotion, suspension or discharge, or any other term or condition of employment


Federal Agency Guidelines

• Federal Agency Guidelines - specify procedures federal agencies

recommend employers follow in complying with the equal opportunity laws


Uniform Guidelines on Employee Selection Procedures

• Uniform Guidelines on Employee Selection Procedures- superceded earlier ones developed by the

EEOC - set forth “highly recommended” guidelines

regarding matters such as employee relations, record keeping, preemployment inquiries, and affirmative action programs


Sexual Harassment

• Sexual harassment - conduct that has the purpose of substantially

interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment


Sexual Harassment (cont.)

• Employers have a duty to maintain workplaces free of sexual harassment and intimidation


Proving Sexual Harassment

• Quid pro quo• Hostile environment created by

supervisors• Hostile environment created by coworkers

or nonemployees


Court Decisions

• Burlington Industries v. Ellerth • Faragher v. City of Boca Raton


Implications for Employers

• In a quid pro quo case it is not necessary for the employee to have suffered tangible job action to win a case.


Implications for Employers (cont.)

• An employer could defend itself against sexual harassment liability by showing two things:- the employer exercised care to prevent and

correct promptly any sexually harassing behavior

- the employer had to demonstrate that the plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer”


Causes

• Permissive social climate - where employees conclude there’s a risk to

victims for complaining, that complaints won't be taken seriously, and that there’s a lack of sanctions against offenders

• Gender harassment• Most sexual harassment victims don’t sue

or complain


What the Manager/Employer Should Do

1. Take steps to ensure harassment does not take place

2. Take immediate corrective action


What the Employee Can Do

• File a verbal complaint or protest with the harasser and the harasser’s boss

• Write a letter to the accused• File claim with EEOC• Consult an attorney


What to Cover in a Sexual Harassment Policy


Selected Court Decisions Regarding Equal Employment Opportunity

• Griggs v. Duke Power Company • Albemarle Paper Company v. Moody


Civil Rights Act of 1991 (CRA 1991)

• CRA 1991 addressed the issue of burden of proof

• Makes it easier to sue for money damages in certain cases


Americans with Disabilities Act (ADA)

• Americans with Disabilities Act - prohibits employers from discriminating

against qualified disabled individuals- employers must make “reasonable

accommodations”


Reasonable Accommodation

• Redesigning the job• Modifying work schedules • Modifying or acquiring equipment to assist

the person in performing the job


Reasonable Accommodation (cont.)

• When a Wal-Mart door greeter returned to work after back surgery she asked her employer if she could sit on a stool while on duty.

• Wal-Mart rejected her request and she sued.

• Federal District Court agreed with Wal-Mart that the employee could not perform her duties while sitting down.


Legal Obligations

• May not make preemployment inquiries about a person’s disability

• Should review job application forms, interview procedures, and job descriptions

• Must make a reasonable accommodation


Implications for Managers

• “Disabilities” will be defined quite narrowly• Employers do not need to allow

misconduct• Employer does not have to create a new

job


State and Local EEO Laws

• Effect is to further restrict employers regarding their treatment of job applicants and employees


Adverse Impact

• Adverse impact - “total employment process that results in a

significantly higher percentage of a protected group being rejected for employment, placement, or promotion”


Disparate Treatment

• Disparate treatment - intentional discrimination


Disparate Impact

• Disparate impact - employer engages in an employment practice

or policy that has a greater adverse impact (effect) on the members of a protected group


Employer Defenses

• Bona fide occupational qualification

• Business necessity


Employer Defenses (cont.)

• In Spurlock v. United Airlines, a minority candidate sued United Airlines, stating that its requirements that a pilot candidate have 500 flight hours and a college degree were unfairly discriminatory.

• The Court agreed that these requirements did have an adverse impact.

• The Court held that in light of the tremendous human and economic risks involved in hiring unqualified candidates, the selection standards were required by business necessity.


Recruitment

• Word of mouth• Misleading information• Help wanted ads


Selection Standards

• Educational requirements• Tests• Preferences to relatives• Physical characteristics• Health questions• Arrest records• Application forms• Uniforms


Educational Requirements

May be held illegal when:

1. It can be shown that minority groups are less likely to possess the educational qualifications (such as a high school diploma)

2. Such qualifications are also not job related


Tests

• Must demonstrate a reasonable measure of job performance


EEOC Enforcement Process

• Processing a Charge- charge must be filed in writing within 300 or

180 days depending on state law- EEOC has 10 days to serve notice- EEOC determines reasonable cause within

120 days- EEOC attempts to conciliate- EEOC may bring civil suit in federal court


Voluntary Mediation Mechanism

1. Agree to mediate charge

2. Make a settlement offer

3. Prepare a position statement


Responding to Discrimination Charges

• Be methodical• Investigators aren’t judges• Meet with employee who made complaint• Give the EEOC a position statement


Responding to Discrimination Charges (cont.)

• Ensure there is information demonstrating lack of merit

• Limit information to only those issues in the charge itself

• Seek as much information as possible• Prepare for the EEOC’s fact-finding

conference


Managing Diversity

• Managing diversity - maximizing diversity’s potential advantages

while minimizing the potential barriers


Diversity Management Program

• Provide strong leadership• Assess the situation• Provide diversity training• Change culture and management systems• Evaluate the program


Affirmative Action

• Affirmative action - requires the employer to make

an extra effort to hire and promote those in a protected group

- specific actions to eliminate the present effects of past discrimination


Suggested Affirmative Action Program

• Issue a written equal employment policy• Appoint a top official• Publicize policy• Survey present minority and female

employment• Develop goals and timetables


Suggested Affirmative Action Program (cont.)

• Develop and implement specific programs to achieve goals

• Establish an internal audit and reporting system

• Develop support of in-house and community programs


Affirmative Action Today

Steps to increase employee support:• Transparent selection procedures• Communication• Justifications


Sample Metrics for HRIS

• EEOC claims per year• Cost of HR-related litigation• Percent of minority promotions• Survival/loss rate among employee groups


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