© 2015 Cengage Learning1. Chapter 19 Employment Discrimination and Affirmative Action © 2015...

Chapter 19Chapter 19Employment Employment

Discrimination Discrimination and Affirmative and Affirmative

ActionAction


Learning OutcomesLearning Outcomes

1.1. Chronicle the U.S. civil rights movement and minority Chronicle the U.S. civil rights movement and minority progress for the past 50 years.progress for the past 50 years.

2.2. Outline the essentials of the federal discrimination Outline the essentials of the federal discrimination laws.laws.

3.3. Define disparate treatment and disparate impact, and Define disparate treatment and disparate impact, and give examples of how each.give examples of how each.

4.4. Elaborate on issues in employment discrimination Elaborate on issues in employment discrimination relating to race, color, national origin, sex, age, religion, relating to race, color, national origin, sex, age, religion, sexual orientation, and disabilitysexual orientation, and disability..

5.5. Identify the different types of affirmative action and Identify the different types of affirmative action and compare and contrast them to each other. compare and contrast them to each other.


Chapter OutlineChapter Outline

• The Civil Rights MovementThe Civil Rights Movement• Federal Laws Prohibiting DiscriminationFederal Laws Prohibiting Discrimination• Expanded Meanings of Employment DiscriminationExpanded Meanings of Employment Discrimination• Issues in Employment DiscriminationIssues in Employment Discrimination• Affirmative Action in the WorkplaceAffirmative Action in the Workplace• SummarySummary• Key TermsKey Terms


Employment Discrimination & Affirmative Action

Federal Protection - •People are protected from discrimination based on race, color, religion, national origin, sex, age, or disability.

Several States & the District of Columbia – •People are protected from discrimination based on sexual orientation.

These “Protected” groups - •are not protected from job loss; young minority men bore a disproportionate burden of the layoffs in the most recent recession.


The Civil Rights Movement• 1955 - Rosa Parks, a black woman, refused to

give up her bus seat to a white man, and was arrested.

• Protests and boycotts over unequal treatment grew and continued, and were met with violence against the protestors.

• 1964 - The Civil Rights Act became law.• The 1970s - The Women’s Movement• The 1980s -Gains for women and blacks• The 1990s - Some progress, but problems

remained• The 21st century - New challenges and old

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Federal Laws Prohibiting Discrimination

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Title VII of the Civil Rights Act of 1964

Prohibits discrimination in all aspects of employment based on:• Race• Color• Religion• Sex• National origin• Pregnancy• Retaliation


Age Discrimination in Employment Act

• The ADEA protects workers 40 years old and older from discrimination in:• Hiring• Discharge• Pay• Promotions• Fringe benefits• Other aspects of employment

• Does not apply where age is a bona fide occupational qualification (BFOQ)• When a younger age is necessary and related to

the position.


Equal Pay Act of 1963

• Prohibits sex discrimination in payment of wages to women and men who perform substantially equal work in the same establishment.

• Ledbetter v. Goodyear Tire & Rubber Co., 2007, heard by the Supreme Court.• Lily Ledbetter was paid less than males for equal

work, but did not discover it for several years; the Supreme Court ruled she should have filed suit within 180 days, the first payment date.

• In 2009, The Lily Ledbetter Fair Pay Act changed the law, so that suit may be brought each time there is discrimination.


Rehabilitation Act of 1973, § 503

• Prohibits job discrimination on the basis of a disability.

• Applies to employers who contract with the federal government.

• Also requires these employers to engage in affirmative action to employ the disabled.

• A related act, the Vietnam Era Veterans Readjustment Assistance Act of 1974, also prohibits discrimination on the basis of disability, and requires affirmative action.

• The Rehabilitation Act of 1973 was the model for the Americans With Disabilities Act of 1990.


Americans with Disabilities Act (ADA)

• Prohibits discrimination based on physical or mental disabilities in private places of employment and in public accommodations; requires employers to make reasonable accommodations for such employees.

An individual is disabled under the Act if the person-

• Has a physical or mental impairment that limits one or more major life activities.

• Has a record of such an impairment.• Or, is regarded as having such an impairment.Reasonable accommodations may include-• Making facilities accessible • Job restructuring, work schedule modification, • Acquiring or modifying equipment or devices;

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The Civil Rights Act of 1991

• Provided increased financial damages and jury trials in cases of intentional discrimination based on race, religion, sex, disability and national origin.

• Under the original Act, monetary awards were limited to back pay, lost benefits and attorneys fees and costs.

• The 1991 Act permitted both compensatory and punitive damages.

• In addition, the Act shifted the burden of proof back to the employer.


The Equal Employment Opportunity Commission -

• Is the major federal body created to administer and enforce U.S. job bias laws.

• Investigates employment discrimination complaints.

• Makes equal employment opportunity policy• Enforces anti-discrimination laws through

conciliation or federal lawsuits against employers


Expanded Meanings of Employment Discrimination

Disparate (unequal) treatment -•Intentionally using race, color, religion, sex, or national origin as a basis for treating people differently.

Disparate (adverse) impact -•An employer’s practice results in fewer minorities being included in the outcome of testing, hiring, or promotion practices than would be expected by numerical proportion.

Four-fifths rule - •If a member of a minority group does not have a success rate at least 80 percent that of the majority group, the practice may be considered to have an adverse impact.


Two Kinds of Employment Discrimination

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Issues in Employment Discrimination (1 of 3)

• Inequality persists despite diversity efforts.• May not be caused by discrimination

• Discrimination is different depending on race and ethnicity.

• Our increasingly diverse society makes some people hard to categorize. • For example, there are many groups that make

up Hispanics, though they have different ancestry.

• Color bias is not the same as racial bias, though they overlap.



• Gender issues are different from those involving race, color and national origin. Major issues for women include:• Getting out of traditional “women’s” jobs,

and into professional and managerial positions

• Achieving pay commensurate with that of men

• Eliminating sexual harassment• Being able to take maternity leave without

losing their jobs.



• Other Forms of Employment Discrimination: • Religious discrimination -

• A more diverse population brings to the workplace people with unfamiliar religions

• Retaliation -• One who complains of discrimination against

another and is retaliated against, may bring a complaint.

• Sexual Orientation and Gender Identity Discrimination -• Corporations have been faster than governments

in instituting protections for lesbian, bay, bisexual and transgender (LGBT) employees.


Other Forms of Employment Discrimination


Affirmative Action in the Workplace

• Affirmative action is taking positive steps to hire and promote people from groups that have been affected by a legacy of discrimination.

• Presidential Executive Order 11246 required federal contractors to employ affirmative action.

• Controversy has led to claims of “reverse discrimination” by whites as victims of discrimination when minorities were hired.


The Future of Affirmative Action

• Buying power of minority groups is increasing rapidly.

• Growing business interest in diversity programs and affirmative action.• Bottom-line considerations

• Diversity practices remain potentially controversial.


• Age Discrimination in Employment Act (ADEA)

• Affirmative action• Americans with

Disabilities Act (ADA)• Bona fide occupational

qualification (BFOQ)• Civil Rights Act of 1991• Color bias• Comparable worth• Compensatory justice• Disparate impact• Disparate treatment• Equal Employment

Opportunity Commission (EEOC)

• Equal Pay Act of 1963• Essential functions

• Fetal protection policies• Four-fifths rule• Hostile work

environment• Major life activities• Preferential treatment• Pregnancy Discrimination

Act of 1978• Protected groups• Quid pro quo• Reasonable

accommodation• Reverse discrimination• Sexual harassment• Strict scrutiny• Title VII of the Civil Rights

Act of 1964• Undue hardship


Key Terms Key Terms

© 2015 Cengage Learning1. Chapter 19 Employment Discrimination and Affirmative Action © 2015...

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