CH03 Robbins 8e Equal Opertunity Employment

8/10/2019 CH03 Robbins 8e Equal Opertunity Employment

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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Chapter 3Equal Opportunity Employment

Fundamentals of Human

Resource ManagementEighth Edition

DeCenzo and Robbins


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Introduction

Government legislationaffects all HRM functions

State and municipal laws

impact HRM, as well asthe Federal laws


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Laws Affecting Discriminatory

Practices

Legislation prohibiting discrimination onthe basis of race, sex, and national

origin before the 1964 Civil Rights Act

Civil Rights Act of 1866

Fourteenth Amendment to the Constitution


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Practices


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Title VIIprohibits discrimination in: hiring

compensation

terms, conditions or privileges of employment

based on: race

religion

color

sex

national origin

Applies to any organization with 15 or moreemployees.


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Griggs v. Duke Power Company (1971)

demonstrated that selection criteria must be

directly relevant to the job.

Equal Employment Opportunity Act(EEOA)

Granted enforcement powers to the EEOC

Equal Employment Opportunity

Commission (EEOC) The arm of the federal government empowered to

handle discrimination in employment cases


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Affirmative Action Reflect the 1972 premise that white males made

up the majority of workers

Companies in the 70s were still growing and

could accommodate more workers Minorities should be hired to correct past prejudice

Legal and social coercion were necessary to bringabout change

Involves: analyzing current work force demographics

establishing goals and timetables for correctingimbalances




Practices

Executive Order (E.O.) 11246

Prohibits discrimination on the basis of

religion, color, and national origin

Affects Federal agencies

Those working under federal contracts

Executive Order (E.O.) 11375Added sex-based discrimination




Practices

Age Discrimination inEmployment Actof 1967

protects those 40 and older

eliminates mandatoryretirement and the arbitrary

replacement of older workers

with younger workers

provides for oversight in

pension and benefit issues




Practices

Pregnancy DiscriminationActof 1978

Employment decisions may

not be based on anindividuals pregnancy

Must treat pregnancy as any

other short-term disability

Supplemented by various

state laws




Practices

The Americans with DisabilitiesAct of 1990 (ADA)

Extends protection of Vocational

Rehabilitation Act to most forms of

disability status (including AIDS and

other contagious diseases).

Requires companies to make

reasonable accommodations for

qualified applicants and employees.

Covers private companies and all

public service organizations.




Practices

The Family and Medical LeaveActof 1993 Employees in organizations employing

50 or more workers can take up to 12

weeks unpaid leave each year for Childbirth

Adoption

Own illness or illness of a family member

Employees must meet eligibility

requirements to be covered. Employers must meet certain

communication requirements underthe Act.




Practices

Executive Order 11478

Amends E.O. 11246

Practices in the federal government must

be based on merit Prohibits discrimination based on:

Political affiliation

Marital status

Physical handicap




Practices

Civil Rights Act of 1991 Passed after Supreme Court decisions diminished

effect of Griggs decision.

Prohibits racial harassment

Returns burden of proof to employer Reinforces illegality of making hiring, firing or

promotion decisions on basis of race, ethnicity,sex or religion

Permits women and religious minorities to seekpunitive damages in intentional discriminatoryclaims

Included the Glass Ceiling Act



Guarding Against

Discrimination Practices

Determining Potential DiscriminatoryPractices

The 4/5ths Rule

Restricted Policy

Geographical Comparisons

McDonnell-Douglas Test


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Guarding Against


The 4/5ths Rule

Guideline established by EEOC Uniform

Guidelines on Employee Selection

Procedures. Compares selection ratio for minority

applicants to that for majority applicants

If less than 4/5ths (80%), discrimination

may have occurred.

Applies to all steps in a selection process.


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Guarding Against


Restricted Policy

infractions occur when HRM activities

result in exclusion of a class of individuals

E.g., laying off employees over age 40 whilerecruiting younger workers


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Guarding Against


Geographical Comparisons

Characteristics of the qualified

pool of potential applicants

are compared to

characteristics of employees


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Responding to an EEO Charge

Employers should discontinue practiceswhich cannot be defended.

Practice reinstated only after

Careful study

Practice is modified, if necessary

Three defenses:

Business necessity

Bona Fide occupations qualifications

Seniority System


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Business Necessity the right to expect

employees to perform

successfully shown by demonstrating

that selection criteria

are job-related


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Bona Fide OccupationalQualifications

Can be use when job requirements are

Reasonably necessary to meet the normaloperation of that business or enterprise

Title VII exceptions

Sex

Age

Religion


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Seniority Systems Decisions that adversely affect protected

group members may be permissible if:

Based on well-established and consistentlyapplied seniority systems


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Selected Relevant Supreme

Court Cases

Cases Concerning Discrimination

Cases Concerning Reverse Discrimination


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Court Cases

Cases concerning discrimination

Griggs v. Duke Power(1971): Tests

were illegal when they resulted in

adverse impact and were not job related.

Albemarle Paper Company v. Moody(1975): Clarified methods for using and

validating tests in selection

Wards Cove Packing Company v. Atonio

(1989): Statistics alone could notsupport evidence of discrimination;

burden of proof shifted to the plaintiff.


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Court Cases

Cases concerning reversediscrimination

Bakke v. the Regents of the University

of California at Davis Medical School(1978): School could not set aside

seats for minorities.

United Steelworkers of America v.

Weber(1979): Court supported

companys voluntary affirmative action

training program for minorities.


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Court Cases

Firefighter Local 1784 v. Stotts(1984)& Wyant v. Jackson Board ofEducation (1986): Affirmative action may not take

precedence over a seniority system Collective bargaining agreement giving

preferential treatment to minorities inlayoffs was illegal.

Johnson v. Santa Clara CountyTransportation (1987): Preferential treatment based on AA goals

permitted if non-minorities protected.


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Enforcing Equal Employment

Opportunity

Equal EmploymentOpportunity Commission

Jurisdiction for Title VII and

other legislation that coverscharges of discrimination based

on race, color, sex, national

origin, age or disability.

Five Step Process to Pursue

Charges


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Opportunity

1. EEOC notifies company within 10 days offiling and begins investigation

2. EEOC notifies company of findings within

120 days3. If unfounded, process stops

If founded, EEOC tries to resolve

4. If unsuccessful, EEOC begins mediation

(settlement meeting)

5. If unsuccessful, EEOC may file charges in

court


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Opportunity

Office of Federal Contract CompliancePrograms (OFCCP) Enforces

Executive Order 11246

Section 503 of Vocational Rehabilitation Act Vietnam Veterans Readjustment Act of 1974.

Operates within U.S. Dept. of Labor.

Investigates discrimination complaints; processsimilar to that of EEOC.

Can cancel employers contract with federalgovernment

Applies to any organization with a federal contractor acts as a subcontractor.


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HRM in a Global Environment

Laws affecting HumanResource Management vary

greatly by country.

Canadian laws closely parallelthose in the U.S.

In Mexico, employees more

likely to be unionized. Australias discrimination laws

not enacted until the 1980s

C I i E l


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Current Issues in Employment

Law

What is Sexual Harassment? Unwanted activity of a sexual nature that affects

an individuals employment

Prohibited under Title VII as sex discrimination

Sexual harassment can occur where: verbalor physical conduct toward an individual: (1) creates an intimidating, offensive, or hostile

environment

(2) unreasonably interferes with an individualswork

(3) adversely affects employees employmentopportunities.

C t I i E l t


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Law

Meritor Savings Bank v. VinsonSupremeCourt case: supported hostile

environment claims; identified employer

liability.

Harris v. Forklift Systems, Inc. Supreme

Court case: victims dont have to suffer

substantial mental distress.

1998 Supreme Court ruling indicated thatharassment can take place even if the

employee does not experience any

negative job repercussions.

C t I i E l t


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Law

Are Women Reaching the Top ofOrganizations?

Comparable worth- determining fair pay for both

female-oriented jobs and male-oriented jobs

based on comparable skill, effort, andresponsibility.

Glass ceiling - lack of women and minority

representation at the top levels of organizations.

OFCCP has glass ceiling initiative. Promotes career development

for women and minorities.

Looks for such in its audits.

CH03 Robbins 8e Equal Opertunity Employment

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