Equal Employment Opportunity and - PowerPoint Presentation

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Equal Employment Opportunity and

Human Resources Management

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The Challenges of Human Resources ManagementSlide2

The Four Layers of Diversity

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Historical Perspective of EEO LegislationEqual Employment Opportunity (EEO)

The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner.Changing National ValuesEconomic Disparity

Early Legal DevelopmentsCivil Rights Act (1866)Unemployment Relief Act (1933)Executive Order 8802 (1941)

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Government Regulation of Equal Employment Opportunity

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What’s Your Knowledge of EEO Law?Slide6

Age Discrimination Actions

Excluding older workers from important work activities.Making negative changes in the performance evaluations of older employees.

Denying older employees job-related education, career development, or promotional opportunities.Selecting younger job applicants over older, better-qualified candidates. Pressuring older employees into taking early retirement.

Reducing the job duties and responsibilities of older employees.Terminating older employees through downsizing.Slide7

Government Regulation of Equal Employment Opportunity

Protected ClassesIndividuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunityMore specifically the classes include race, color, religion, national origin, sex, age, and those with physical or mental disabilities.Slide8

Major Federal Laws1–

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Jurisdiction of the Civil Rights Act of 1964All private employers in interstate commerce who employ fifteen or more employees for twenty or more weeks per year

State and local governments Private and public employment agencies, including the U.S. Employment Service

Joint labor-management committees that govern apprenticeship or training programs Labor unions having fifteen or more members or employees Public and private educational institutions

Foreign subsidiaries of U.S. organizations employing U.S. citizens

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Exemptions From Antidiscrimination Regulations

Business NecessityWork-related practice that is necessary to the safe and efficient operation of an organization.

Spurlock v. United AirlinesValid selection testsKinds of validityCorrelation

Bona Fide Occupational Qualification (BFOQ)Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job.

Safety-based mandatory retirement ages for commercial airline pilotsCourt casesPan American v. DiazJoseph Garcia v. HootersCarol Cameron v. La Vielle

MaisonSlide11

These Correlations Have Actually Been Observed. What’s Up Here?

The more people weigh, the higher their salaries.The greater the number of storks nesting on roofs in Northern Europe, the greater the number of births nine months later.The number of cows per acre the lower the crime rate.

The bigger the CEO’s home, the worse the company’s stock fares. Slide12
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Exemptions From Antidiscrimination Regulations

Business NecessityWork-related practice that is necessary to the safe and efficient operation of an organization.

Spurlock v. United AirlinesValid selection testsKinds of validityCorrelation

Bona Fide Occupational Qualification (BFOQ)Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job.

Safety-based mandatory retirement ages for commercial airline pilotsCourt casesPan American v. DiazJoseph Garcia v. HootersCarol Cameron v. La Vielle

MaisonSlide14

Gender and BFOQs (essence of business)

Joseph Garcia v. HootersHooters Restaurants had a competitive strategy of appealing to the young, affluent male population through a number of features.  Large-screen television for sports events, happy hours, sports celebrity events, and very attractive

scantily clad waitresses were part of their strategy.  Joseph Garcia was a waiter from Chicago who worked at similar restaurants for over 10 years.  He heard from a friend that Hooters was hiring.  However, he was told that he would have to apply in person.  When he showed up at one of the 25 franchise establishments, he was told that they were not in fact hiring.  He learned a few weeks later that an attractive female had been hired at the same restaurant.  He filed a timely complaint with the EEOC

.Carol Cameron v. La Vielle Maison

La Vielle Maison is a five-star restaurant in East Cupcake, Florida.  Carol Cameron, a waitress with over 10 years experience in "upscale" restaurants and an esoteric knowledge of wine, applied for a job at La Vielle Maison in a period when the restaurant was hiring waiters in preparation for the heavy winter season.  She was not hired.  The restaurant employs only waiters and makes the argument that five-star French restaurants traditionally employ only waiters.  After learning that the restaurant hired three new waiters, Ms. Cameron filed a timely Title VII lawsuit against the restaurant.Slide15

Religious PreferenceTitle VII of the Civil Rights ActProhibits discrimination based on religion in employment decisions, though it permits employer exemptions.

Defines religion to “include all aspects of religious observance and practice, as well as belief.”Does not require employers to grant complete religious freedom in employment situations.

Requires that employers make a reasonable accommodation (at minimum cost) without incurring undue hardship in the conduct of the business.Slide16

Religious Preference (cont.)

Managers or supervisors may have to accommodate an employee’s religion in the specific areas of holidays and observances (scheduling),personal appearance (wearing beards, veils,

or turbans), and religious conduct on the job (missionary work among other employees).Slide17

What Is a “Disability”?

The Americans With Disabilities Act (ADA) defines a disability as:A physical or mental impairment that substantially limits

one or more of the major life activities.Walking -- Caring for oneselfSeeing -- Performing manual tasks

Hearing -- SittingBreathing -- Standing

Thinking -- LiftingLearningA record of such impairment.Being regarded as having such an impairment.Slide18

Americans with Disabilities Act of 1990The act requires employers to make a reasonable accommodation for disabled people

Reasonable accommodation is an attempt by employers to adjust, without undue hardship, the working conditions or schedules of employees with disabilities or religious preferencesA requested reasonable accommodation poses an undue hardship if:

it involves a significant difficulty that disrupts the business; it involves a significant expense; or it requires the employer to change the basic nature of its business. Slide19

Example: Ashley applies for a wait staff position at a nightclub. She has a vision impairment that makes it very difficult for her to see in dim lighting. Ashley requests, as a reasonable accommodation, that the nightclub be brightly lit. The employer would probably be able to show that this accommodation poses an undue hardship. Bright lights would damage the atmosphere of the club and make it difficult for the patrons to see the stage shows.Slide20

Example:Kyung applies for a job as a cashier at a fast food restaurant. Kyung is qualified for the job in every way, but the employer is reluctant to hire him, fearing that Kyung's cleft palate will offend customers. If the employer refuses to hire Kyung for this reason, the employer will not be able to show undue hardship. An employer cannot claim undue hardship based on customers' (or employees')fears or prejudices about a person's disability.Slide21

Americans with Disabilities Act of 1990 (cont.)

The ADA does not cover:

Homosexuality or bisexualityGender-identity disorders not resulting from physical impairment or other sexual-behavior disordersCompulsive gambling, kleptomania, or pyromania

Psychoactive substance-use disorders resulting from current illegal use of drugs Current illegal use of drugs

Infectious or communicable diseases of public health significance (applied to food-handling jobs only and excluding AIDS)Slide22

Americans with Disabilities Act of 1990 (cont.)Slide23

PGA Tour v. Casey MartinCasey Martin, a talented golfer with a degenerative circulatory condition (a congenital anomaly called

Klippel-Trenaunay-Weber syndrome) that makes it painful to walk, filed suit against the Professional Golf Association (PGA) under the Americans with Disabilities Act (ADA) after

the PGA refused to waive its rule requiring all competitors to walk the golf course in its events. The PGA argued that allowing Martin to ride, rather than walk the course, would "fundamentally alter the nature" of the game played on the PGA Tour because walking the course introduced a factor of fatigue into the game that Martin would not be subjected to if he were allowed to ride between shots.  Secondly, the PGA believed that the ADA did not apply in this case, because the PGA Tour was not a place of "public accommodation," as set forth in Title III of the ADA.

Martin asserted that the essential feature of golf was shot making, and that being allowed to ride in a golf cart did not alter the fundamental nature of the game. He further argued that he had all the necessary skills to compete at the level of other PGA golfers, but needed an individualized accommodation that would allow his golfing skill to be fairly pitted against the skill of the other golfers on the Tour. Slide24

PGA Tour v. Casey Martin (cont’d)

Should

Casey Martin be protected under the Americans with Disabilities Act (ADA) and allowed to use a cart to compete during the PGA Tour? Why or why not

?If

you feel Martin should be protected under the ADA, should this coverage extend to other golfers with back problems, heart problems, or arthritis? Why or why not? Slide25

Other Federal Laws and Executive OrdersSlide26

Don’t Ask, Don’t Tell Repeal Act of 2010In 2010, the Don’t Ask, Don’t Tell Repeal Act was enacted to end the ban on gay or bisexual persons openly serving in the U.S. military

The ban was established as a compromise between the Clinton Administration and Congress in the mid-1990s to prevent members of the military from being dishonorably discharged for being gay, so long as they did not openly reveal their sexual orientation.Slide27

Fair Employment Practice LawsFair Employment Practices (FEPs)

State and local laws governing equal employment opportunity that are often more comprehensive than federal laws.Although Title VII of the Civil Rights Act exempts employers with fewer than fifteen employees, many states extend antidiscrimination laws to smaller employers with one or more workers.Slide28

Sexual Harassment

Sexual Harassment (under Title VII)Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environmentAn employer is considered guilty of sexual harassment when:

The employer knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action.The employer allows nonemployees (customers

or salespeople) to sexually harass employees.Slide29

Two Kinds of Sexual HarassmentQuid Pro Quo

Hostile Work EnviornmentSlide30

Sexual HarassmentQuid Pro Quo Harassment

= this for that.Lawyers sometimes refer to this as “put out or get out.”Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions.”

Involves a tangible or economic consequence, such as a demotion or loss of pay.Slide31

Sexual Harassment (cont.)

Hostile EnvironmentOccurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.”Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute sexual harassment when an employee finds them offensive.

Courts use a “reasonable person” test for hostile environment.Slide32

Sexual OrientationTitle VII of the Civil Rights Act of 1964 lists

“sex” (gender) as a protected class.Sexual orientation is not a valid defense against discrimination—gender applies to one’s sex at

the time of birth and not to one’s sexual orientation.No federal law bars discrimination based on sexual orientation, or transgender and transsexual individuals.

Companies—in support of their diversity initiatives—are fostering “gay-friendly” work places.Most companies in the Fortune 500 now offer health benefits to same-sex couplesSlide33

Immigration Reform and Control Act (1986)The U.S. Department of Justice, lists five actions that employers must take to comply with the law:

Having employees fill out their part of Form I-9.Checking documents establishing an employee’s identity and eligibility to work.

Complete the employer’s section of Form I-9.Retain Form I-9 for at least three years.Present Form I-9 for inspection to an Immigration

and Naturalization Service officer or to a Department of Labor officer upon request.Slide34

Emerging Employment Discrimination IssuesCaregivers and Discrimination

Von Bergen, C. W. (2008). “The Times They are A-Changin”:_Family Responsibilities Discrimination and the EEOC

. Employee Responsibilities and Rights Journal, 20, 177-194.Attractiveness and Discrimination

Weight DiscriminationSlide35

Weight Discrimination: Hooters Sued for Weight DiscriminationHooters was sued in

Michigan for allegedly violating a state law that bars discrimination on the grounds of religion, race, age, sex, height and, weight.

Other jurisdictions with weight discrimination lawsBirmingham, NY Santa Cruz, CAMadison, WISan Francisco, CA

Washington, DCUrbana, ILSlide36

Takeaway from this suit …Hooters officials say that their waitresses can be considered entertainers and the company’s image is reliant on fit, attractive waitresses. Hooters’ girls are responsible for maintaining their “image” just as other entertainers are.

If you want to have your employees look a certain way, you may be challenged. Be prepared to defend any position you (employer) take as to appearance.

A business has a right to protect the image it wants to present, but it must have to balance this against the possibility of discrimination.Slide37

Uniform Guidelines on Employee Selection ProceduresUniform Guidelines on Employee

Selection ProceduresIs a procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions.

Applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral.Slide38

Uniform Guidelines on Employee Selection Procedures (Cont.)

Uniform Guidelines on Employee Selection Procedures define discrimination as:

The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities of members of any race, sex, or ethnic group will be considered to be discriminatory and inconsistent with these guidelines, unless the procedure has been validated in accordance with these guidelines (or, certain other provisions are satisfied).Slide39

Validity

The requirement that, when using a test or other selection instrument to choose individuals for employment, employers must be able to prove that the selection instrument bears a direct relationship to job success.Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study.

Content validityConcurrent validityPredictive validityConstruct validitySlide40

Forms of Discrimination

Disparate TreatmentMeans intentional discriminationExists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, ethnic group, age, ….

“We don’t hire women because they should be at home raising kids.”Disparate/Adverse Impact

The rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with a non-protected class.Possibly the unintentional result of an innocent act, yet the outcome is still discriminatory.

“Employees must have a college degree.”Utilization AnalysisA comparison of the race, sex, and ethnic composition of an employer’s workforce with that of the available labor supply.Slide41

Employee Screening Devices with Potential Adverse/Disparate Impact Slide42

Determining DiscriminationAdverse Rejection Rate, or Four-Fifths Rule

Rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings.According to the Uniform Guidelines, a selection program has an adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (or 80 percent) of the rate of the class with the highest selection rate.

The four-fifths rule is not a legal definition of discrimination, rather it is used to monitor severe discrimination practices.Slide43

Dennis Goebel et al. v. Jayjoe Clothiers

A division of Jayjoe Clothiers had 16 openings for assistant store manager last year and, as part of the company's affirmative action program, filled the vacancies with 10 blacks and 6 whites.  The selection process used was a multiple-hurdle approach which began with an application form and an intelligence test.  Applicants who scored 60 (out of 100) or higher were invited back for an interview by the store managers.  Based on the interview performance, the 16 vacancies were filled.

                                                          Applicants

                                                                Black     White

Number scoring 60 or higher                         25            74 Number scoring lower than 60                       26            29 Total                                                         51           103Dennis Goebel, black applicant who scored 39 on the test, filed suit on behalf of all black applicants who failed the exam.  Mr. Goebel claimed race discrimination based on Title VII of the Civil Rights Act. 

Jayjoe Clothiers has argued that over 62 percent of the actual supervisory vacancies were filled with blacks (i.e. 10 out of 16), therefore, there was obviously no racial discrimination in the selection process.Slide44

Jayjoe Clothiers (cont’d)

Were Mr. Goebel and the other black candidates victims of racial discrimination? 

Explain your position. Show me the math.2.

Given the results of your disparate impact analysis

, what action should the defendant (Jayjoe) take next? Be specific.Slide45

Determining DiscriminationRestricted Policy (Disparate Treatment)

An employer’s intentional unequal treatment or evaluation by different standards of protected-class members.

A situation in which protected class members receive unequal treatment or are evaluated by different standardsWorkforce utilization analysisA process of classifying protected-class members by number and by the type of job they hold within

the organizationSlide46

Utilization Analysishttp://www.ok.gov/opm/documents/AffirmativeActionPlanManual-2011.pdf

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Enforcing Equal Employment Opportunity Legislation

Composition of EEOCFive members and a general counsel appointed by the president and confirmed by the SenateMembers serve staggered five-year terms

No more than three commission members from the same political party.General counsel serves a four-year term.Purpose of EEOCFormulating EEO policy and approving all litigation involved in maintaining equal employment opportunity.Slide48

Equal Employment Opportunity Commission

U.S. EEOC home pageStatistics

Various types of discrimination prohibited by the laws enforced by EEOCSlide49
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RetaliationManagers and supervisors must not retaliate against individuals who invoke their legal rights to file charges or to support other employees during EEOC proceedings

Title VII of the Civil Rights Act states that an employer may not discriminate against any of his employees because the employee has opposed any unlawful employment practice, or because the employee has made a charge, testified, assisted, or participated in any manner in an investigation, proceedings, or hearing under this Act.Slide51

Preventing Discrimination ChargesThe foundation to preventing any form of discrimination is having a comprehensive EEO policy

Employers that do not have an EEO policy are legally vulnerableA comprehensive EEO training program for managers and supervisors will include:The prohibitions covered in the various EEO statutes

Guidance on how to respond to complaints of discriminationProcedures for investigating complaintsSuggestions for remedying inappropriate behaviorSlide52

Affirmative Action and Diversity ManagementAffirmative Action

Policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct past discriminatory practices by increasing the numbers of minorities and women in specific positionsReverse DiscriminationThe act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discriminationSlide53

Affirmative Action and Diversity ManagementSlide54

Managing Diversity: Affirmative ActionChallenges to Affirmative Action (AA):

AA has not improved protected groups employment.Individuals hired under AA feel prejudged as inferior performers, and are often viewed as “tokens.”

AA programs have failed in assimilating protected classes into the workforce. Preferences shown toward one protected class may create conflicts between other minority groups.Slide55

Affirmative Action (AA)—Pros and ConsSlide56

Beyond Affirmative Action: Leveraging DiversitySlide57

Beyond Tolerance: Appreciating and Celebrating DifferencesTeaching tolerance in diversity trainingEndurance

AcceptanceAppreciating and celebrating differencesDifferent definition of toleranceCivility and respect toward those who are different

Von Bergen, C. W., & Collier, G. (2013). Tolerance as Civility in Contemporary Workplace Diversity Initiatives. Administrative Issues Journal, 3(1), 86-97

.Von Bergen, C. W. (2013). Misconstrued Tolerance: Issues for Multicultural and Diversity Training

. Development and Learning in Organizations: An International Journal, 27(2), 9-12.Slide58

Key Terms

adverse impact

affirmative actionbona fide occupational qualification (BFOQ)business necessity

charge formdisabled individual

disparate treatmentEEO-1 reportequal employment opportunityfair employment practices

(FEPs)four-fifths ruleprotected classesreasonable accommodationreverse discriminationsexual harassment

Uniform Guidelines on Employee Selection Proceduresworkforce utilization analysisSlide59
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Chapter 3 - Learning Outcomes

Learning Outcome

Statements

Related Outcomes from Body of the Text

1Explain the reasons behind passage of equal employment opportunity (EEO) legislation.

People’s attitudes towards discrimination have evolved over time in the United States. What do you think will be the prevailing attitude of people towards discrimination 20 years from now? Will there be more or less discrimination in the workplace? Why?2

Prepare an outline describing the major EEO laws and the employment practices they prohibit. Describe what a bona fide occupational qualification is.How have EEO laws changed over time? What do you think HR managers and first-line

3Understand why sexual harassment, immigration reform, and other practices such as discrimination based on a person’s weight, appearance, and sexual orientation have become equal employment opportunity issues.

Which types of discrimination

do

you think managers are most likely to have to

deal

with on a regular basis and why?

4

Explain how the

Uniform Guidelines on Employee Selection

Procedures

were developed and how firms use them to ensure they are abiding by the law.

As a manager, how would the

Uniform

Guidelines on Employee

Selection Procedures

affect how you deal with employees and applicants?

5

Understand the concepts of adverse impact and disparate treatment.

Have you ever been the victim of adverse or disparate impact? If so, in what context? Discuss your experience with your classmates.

6

Understand EEOC record keeping and posting requirements.

Why do you think the federal government treats small businesses differently than large

7

Describe

how discrimination charges are processed by the EEOC.

In what ways do you think HR managers can help other managers deal with discrimination complaints so there is less of a chance employees will feel compelled to report them to the EEOC?

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Explain what affirmative action is and how companies today are seeing the value of voluntarily having diverse workforces.

What effect, if any, do you think ending affirmative action programs in the United States have on the diversity and competitiveness of U.S. businesses?Slide62

Chapter ObjectivesAfter studying this chapter, you should be able to

Explain the reasons behind passage of equal employment opportunity (EEO) legislation.

Prepare an outline describing the major EEO laws and the employment practices they prohibit. Describe what a bona fide occupational qualification is.

Understand why sexual harassment, immigration reform, and other practices such as discrimination based on a person’s weight, appearance, and sexual orientation have become equal employment opportunity issues.

Explain how the Uniform Guidelines on Employee Selection Procedures were developed and how firms use them to ensure they are abiding by the law.Understand the concepts of adverse impact and disparate treatment.Understand EEOC record-keeping and posting requirements.Describe how discrimination charges are processed by the EEOC.

Explain what affirmative action is and how companies today are seeing the value of voluntarily having diverse workforces.

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