Key EEO Cases Kenneth M. York School of Business Administration Oakland University.
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Transcript of Key EEO Cases Kenneth M. York School of Business Administration Oakland University.
Key EEO Cases
Kenneth M. York
School of Business Administration
Oakland University
2ORG434: Advanced HRM
Griggs v. Duke Power (1971)
Facts of the caseBlacks in one department only, lowest payingWhites in other departmentsAfter CRA64 company started new promotion
system, to get promoted: High school diploma Pass Wonderlic and Bennett Mechanical Aptitude
Test
3ORG434: Advanced HRM
Griggs v. Duke Power (1971)
Supreme Court rulingEmployer violated Title VII because neither
the tests nor the high school diploma were shown to be job related, and both requirements had adverse impact on blacks
White employees promoted before the new promotion system were satisfactory performers
There was evidence of past discrimination, new promotion system did not change that
4ORG434: Advanced HRM
Albemarle Paper Company v. Moody (1975) Facts of the case
Blacks in one department only, lowest paying Whites in other departments Company reorganized itself in 1968, to get promoted:
High school diploma Pass Wonderlic and Revised Beta
Company did a validation study, using concurrent test validation strategy
Almost all who took the tests were white
5ORG434: Advanced HRM
Albemarle Paper Company v. Moody (1975) Supreme Court ruling
Judicial remedy is to make injured parties whole, backpay is appropriate remedy
If employer shows the tests with adverse impact are job-related, plaintiff must show another selection device would serve the employer’s interest without adverse impact
Validation study was inadequate
6ORG434: Advanced HRM
Hazelwood v. U.S. (1977)
Facts of the caseHazelwood is a rural Missouri school districtSchool principal had unlimited discretion in
hiring teachersComplaint is discrimination in hiring teachers
15.4% of area teachers were black 1.8% of Hazelwood teachers were black 2.0% of Hazelwood students were black
7ORG434: Advanced HRM
Hazelwood v. U.S. (1977)
Supreme Court rulingThe proper statistical comparison is between
the racial composition of Hazelwood’s teaching staff and qualified public school teacher population in the relevant labor market, not the student population
Statistical disparity between qualified black teachers in labormarket and Hazelwood staff is prima facie case of race discrimination
8ORG434: Advanced HRM
Connecticut v. Teal (1982)
Facts of the case To get promoted to Welfare Eligibility Supervisor,
must pass a test 54% of Blacks passed, 80% of Whites passed AIR=.54/.80=.68
But test was one part of multi-part selection process, actually promoted
23.9% of Blacks promoted, 13.5% of Whites promoted Bottom line favored Blacks
9ORG434: Advanced HRM
Connecticut v. Teal (1982)
Supreme Court ruling Bottom line is not a defense, if one component of a
multi-part selection process has adverse impact, the process has adverse impact
Any test that has discriminatory impact violates CRA64
Title VII does not permit a victim of a discriminatory policy to be told that he has not been wronged because other people of his race or sex were hired
Most confusing case
10ORG434: Advanced HRM
Coleman v. Wayne State University (1987) The facts of the case
Black full professor at WSU College of Nursing claimed race discrimination in pay, sought backpay
Salary was consistently lower than white full professors 1978-1985
To demonstrate adverse impact, must show Discriminated against because of her race, and Individually suffered as part of a pattern or practice that
affected other Blacks in the College
11ORG434: Advanced HRM
Coleman v. Wayne State University (1987)
Binomial test (z-test) Shows salary more than 2 SD’s less than mean full professor’s
salary in 1978, 1983, 1984, 1986 Judgment shows judge relied heavily on this analysis
Partial correlations Race and salary should not be correlated Partial out other variables know to be related to salary
Year-hired—salary compression Rank—full paid more than associate, associate more than assistant Year—inflation Salary & race across all ranks, r = .10, p=.05 Salary & race, partial out year-hired, rank, year, r = .20, p = .001 Salary & race, partial year, year hired, full professors only, r = .54, p
= .01
12ORG434: Advanced HRM
Coleman v. Wayne State University (1987) District Court ruling
The discrepancy in salary was based upon illegal discriminatory criteria
Unbelievable that a person with her academic record would be paid so much less than her peers
McArthur awarded salary equal to average salary for white full professors, across all the years (about $150,000 plus benefits)
13ORG434: Advanced HRM
Johnson v. Transportation Agency, Santa Clara City, California (1987) Facts of the case
In 1978 SCCTA created an Affirmative Action Plan to get more women in skilled crafts, road dispatcher, and other jobs
In 1979, a vacancy for Road Dispatcher brought 12 applicants, 9 were qualified and interviewed, 7 got second interview, scores
Unidentified male=80 Johnson=75 Unidentified male=74 Joyce=73
Panel of SCCTA supervisors recommended…Johnson County coordinator for Affirmative Action promoted Joyce
14ORG434: Advanced HRM
Johnson v. Transportation Agency, Santa Clara City, California (1987) Supreme Court ruling
SCCTA’s AAP is a moderate, flexible, case-by-case approach to gradually improving the representation of minorities and women in their workforce in underrepresented jobs
Sex can be considered as one factor in judging among qualified applicants
15ORG434: Advanced HRM
Johnson v. Transportation Agency, Santa Clara City, California (1987)
The Road Dispatcher job required a minimum of 4 years of dispatch or road maintenance work experience for Santa Clara County
Joyce worked as road maintenance worker for Santa Clara County 1975-1979
Johnson worked as road maintenance worker for Santa Clara County 1977-1979
Joyce applied for road dispatcher position in 1974 but was considered ineligible
16ORG434: Advanced HRM
Price Waterhouse v. Hopkins (1989) Facts of the case
Hopkins was a senior manager, got $25 million contract with Department of State, brought in $40 million in new business, more than any other candidate for partnership
Was proposed for partnership in 1982 (only woman), put on hold for reconsideration following year
622 partners, 7 women Was not re-proposed for partnership in 1983, Hopkins
resigned
17ORG434: Advanced HRM
Price Waterhouse v. Hopkins (1989) Supreme Court ruling
There were mixed motives for denying partnership, legitimate and illegitimate
Clients praised her, staff said she lacked interpersonal skills
Some partners reacted negatively to her, judgments influenced by sex stereotyping
Awarded partnership at Price Waterhouse, and $350,000 in back pay
18ORG434: Advanced HRM
Harmer v. Virginia Electric & Power Co. (1993) Facts of the case
Harmer suffered from bronchial asthma, aggravated by tobacco smoke from nearby workers, requested VE&P eliminate smoke-filled air in his working environment
VP&E took various steps, virtual ban on smoking in all its facilities
Harmer sued under ADA for an injunction against all smoking
19ORG434: Advanced HRM
Harmer v. Virginia Electric & Power Co. (1993) District Court ruling
ADA protects Harmer from discrimination due to his disability
But not entitled to a complete smoking ban as a reasonable accommodation to his disability, not entitled to absolute accommodation
20ORG434: Advanced HRM
EEOC v. Liggett & Meyers, Inc. (1982) Facts of the case
After Gfeller was appointed director of sales, the company began an intensive program of personnel changes
All of the region managers were over 40 years old, all replaced by younger people
Gardiner (46) was told he was “too old for the job” D’Erasmo (27) was “just the type of young man
needed”
21ORG434: Advanced HRM
EEOC v. Liggett & Meyers, Inc. (1982) District Court ruling
Overwhelming evidence of discriminatory attitude on age
Although other factors may have been considered, age was one of the determining factors
The violations of the company were willful Double damages to more than 100 employees