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Chapter 3

Equal Employment Opportunity and Equal Employment Opportunity and Human Resources ManagementHuman Resources Management

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Objective 1

Historical Perspective of EEO LegislationHistorical Perspective of EEO Legislation

Three factors seem to have influenced the Three factors seem to have influenced the growth of EEO legislation: (1) Changing growth of EEO legislation: (1) Changing attitudes toward employment attitudes toward employment discrimination; (2) Published reports discrimination; (2) Published reports highlighting the economic problems of highlighting the economic problems of women, minorities, and older workers; and women, minorities, and older workers; and (3) A growing body of disparate laws and (3) A growing body of disparate laws and government regulations covering government regulations covering discrimination.discrimination.

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Historical Perspective of Historical Perspective of EEO LegislationEEO Legislation

1.1.Changing National ValuesChanging National Values

2.2.Economic DisparityEconomic Disparity

3.3.Early Legal DevelopmentEarly Legal Development

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Government Regulation Of Equal Employment OpportunityGovernment Regulation Of Equal Employment Opportunity

1.1. Major Federal LawsMajor Federal Laws

2.2. Equal Pay ActEqual Pay Act

3.3. Civil Rights Act of 1964Civil Rights Act of 1964

-Bona Fide Occupational Qualification-Bona Fide Occupational Qualification

-Religius Preference-Religius Preference

4. Age Discrimination in Employment Act of 19674. Age Discrimination in Employment Act of 1967

5. Equal Employment Opportunity Act of 19725. Equal Employment Opportunity Act of 1972

6. Pregnancy Discrimination Act of 19786. Pregnancy Discrimination Act of 1978

7. Americans with Disabilities Act of 19907. Americans with Disabilities Act of 1990

8. Civil Rights Act of 19918. Civil Rights Act of 1991

9. Uniformed Services Employment and Reemployment Rights Act of 9. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)1994 (USERRA)

10. Other Federal Laws and Executive Orders10. Other Federal Laws and Executive Orders

11. Vocational Rehabilitation Act of 197311. Vocational Rehabilitation Act of 1973

12. Executive Order 1124612. Executive Order 11246

13. Fair Employment Practice Law13. Fair Employment Practice Law

Objective 2

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Objective 3Other Equal Employment Opportunity IssuesOther Equal Employment Opportunity Issues

1.1.Sexual HarassmentSexual Harassment

Sexual Harassment is Bullying or coercion of Sexual Harassment is Bullying or coercion of a sexual nature or the unwelcome or a sexual nature or the unwelcome or inappropriate promise of rewards in inappropriate promise of rewards in exchange for sexual favors.exchange for sexual favors.

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Other Equal Employment Opportunity IssuesOther Equal Employment Opportunity Issues

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2. 2. Sexual OrientationSexual Orientation

Sexual Orientation is an enduring personal Sexual Orientation is an enduring personal quality that inclines people to feel quality that inclines people to feel romantic or sexual attraction (or a romantic or sexual attraction (or a combination of these) to persons of the combination of these) to persons of the opposite sex or gender, the sense sex or opposite sex or gender, the sense sex or gender, or both sexes or more than one gender, or both sexes or more than one gender.gender.

3. Immigration Reform and Control3. Immigration Reform and Control

The Immigration Reform and Control Act The Immigration Reform and Control Act (IRCA) enacted November 6, 1986, also (IRCA) enacted November 6, 1986, also Simpson-Mazzoli Act is an Act of congress Simpson-Mazzoli Act is an Act of congress which reformed United States immigration which reformed United States immigration law.law.

Other Equal Employment Opportunity IssuesOther Equal Employment Opportunity Issues

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Uniform Guidelines on Employee Selection Procedures

A procedural document published in the A procedural document published in the Federal Register to help employers Federal Register to help employers

comply with federal regulations against comply with federal regulations against discriminatory actions.discriminatory actions.

Objective 4

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Adverse Impact and Disparate Adverse Impact and Disparate TreatmentTreatment

A concept that refers to the rejection A concept that refers to the rejection of a significantly higher percentage of a significantly higher percentage of a protected class for employment, of a protected class for employment, placement, or promotion when placement, or promotion when compared with the successful, non compared with the successful, non protected class.protected class.

Objective 5

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Adverse Impact and Disparate Adverse Impact and Disparate TreatmentTreatment

1.1. Adverse Rejection Rate, or Four-fifth RuleAdverse Rejection Rate, or Four-fifth Rule

A rule of thumb followed by the Equal A rule of thumb followed by the Equal Employment Opportunity Commission in Employment Opportunity Commission in determining adverse impact for use in determining adverse impact for use in enforcement proceedings.enforcement proceedings.

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Adverse Impact and Disparate Adverse Impact and Disparate TreatmentTreatment

2. Disparate Treatment2. Disparate Treatment

A situation in which protected class A situation in which protected class members receive unequal treatment or members receive unequal treatment or are evaluated by different standards.are evaluated by different standards.

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Two basic ways that adverse impact exist:Two basic ways that adverse impact exist:1.1.Adverse Rejection Rate, or four-fifth rule.Adverse Rejection Rate, or four-fifth rule.A rule of thumb followed by the equal equal A rule of thumb followed by the equal equal

employment opportunity commission in employment opportunity commission in determining adverse impact for use in determining adverse impact for use in enforcement proceeding.enforcement proceeding.

2. 2. Restrict PolicyRestrict PolicyAny evidence that an employer has a Any evidence that an employer has a

selection procedure that exclude member selection procedure that exclude member of a protective class.of a protective class.

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Adverse Impact and Disparate Adverse Impact and Disparate TreatmentTreatment

Workforce Utilization AnalysisWorkforce Utilization Analysis

A process of classifying protected-class A process of classifying protected-class members by number and by the type members by number and by the type of job they hold within the of job they hold within the organization.organization.

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Record-Keeping and Posting Record-Keeping and Posting RequirementsRequirements

Law to maintain specific employment records and Law to maintain specific employment records and reports. Employers are required to post selected equal reports. Employers are required to post selected equal employment opportunity notices and to summarize employment opportunity notices and to summarize the composition of their workforce in order to the composition of their workforce in order to determine the distribution of protected individualsdetermine the distribution of protected individuals..

Objective 6

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For Example :For Example :

Managers must generate and retain for specific Managers must generate and retain for specific time periods different employment data under time periods different employment data under each of following laws : Title VII, Age each of following laws : Title VII, Age Discrimination in Employment Act, and Equal Discrimination in Employment Act, and Equal Pay Act. When federal contractors are Pay Act. When federal contractors are required to have written affirmative action required to have written affirmative action programs, these must be retained along with programs, these must be retained along with supporting documents (such as names of job supporting documents (such as names of job applicants, rejection ration, and seniority applicants, rejection ration, and seniority lists). The data must file annually an lists). The data must file annually an EEO-1 EEO-1 report (Employer Information Report) report (Employer Information Report)

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EEO-1 Report is..EEO-1 Report is..• An employer information report that An employer information report that

must be filed annually by employers of must be filed annually by employers of 100 or more employees (except state 100 or more employees (except state and local government employers) and and local government employers) and government contractors and government contractors and subcotractors to determine an subcotractors to determine an employer’s workforce composition.employer’s workforce composition.

• In preparing the EEO-1 report, In preparing the EEO-1 report, employee self-identification is the employee self-identification is the preferred method of identifying gender, preferred method of identifying gender, race, and ethnic information.race, and ethnic information.

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Example :

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Processing Discrimination Charges

A discrimination complaint filed with the A discrimination complaint filed with the EEOC by employees or a job applicants.EEOC by employees or a job applicants.

Objective 7

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Filing a ChargeFiling a Charge of of DiscriminationDiscriminationCharge

filedCharge

filed

Employer receives copy of

charge

Employer receives copy of

charge

Deferred to state agencyDeferred to

state agency

Successful

Successful

Suit filed by individual

Suit filed by individual

SettlementSettlementFinding of reasonable

cause

Finding of reasonable

cause

Determination to dismiss

charge

Determination to dismiss

charge

EEOC investigation

EEOC investigation

Failure to file suit within 180 days

Failure to file suit within 180 days

ConciliationConciliation

Individual may sue within 90

days

Individual may sue within 90

days

Unsuccessful suit filed by

EEOC

Unsuccessful suit filed by

EEOC

Federal District CourtFederal District Court

Managers and supervisor are the key to Managers and supervisor are the key to preventing and correcting discrimination, preventing and correcting discrimination, they must be trained to understand they must be trained to understand employee rights and managerial obligations.employee rights and managerial obligations.

Preventing Discrimination Charges

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Objective 8

Diversity Management: Affirmative ActionDiversity Management: Affirmative Action

1.1.Establishing Affirmative Action ProgramsEstablishing Affirmative Action Programs

2.2.Managing Diversity Affirmative ActionManaging Diversity Affirmative Action

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