Chapter Five Equal Employment Opportunity: The Legal Environment.

Chapter Five

Equal Employment Opportunity: The

Legal Environment

Copyright © Houghton Mifflin Company. All rights reserved. 5–2

Chapter Outline

• The EEO Environment

• Discrimination Defined

• Legal and Regulatory Documents

• Enforcement of EEO Laws and Regulations

• Providing Illegal Discrimination

• Management’s Response


Table 5.1 The EEO Environment

Source: From Federal Regulation of Personnel and Human Resource Management, 2nd ed., by Ledvinka/Scarpello. Copyright © 1991 PWS-Kent. Reprinted by permission of South-Western College Publishing, a division of Thomson Publishing Inc., Cincinnati, Ohio 45227.


Discrimination Defined

• To Distinguish Clearly or Differentiate

• Protected Class


Legal and Regulatory Documents

• The Constitution• Federal Legislation

– Civil Rights Acts of 1866 and 1871– Equal Pay Act of 1963– Civil Rights Act of 1964

• Title VII of the Civil Rights Act• Pregnancy Discrimination act of 1978• Title VII and Fetal Protection Policies• Sexual Harassment• Religious Harassment


Legal and Regulatory Documents (cont’d)

• Federal Legislation (cont’d)

– Age Discrimination in Employment Act of 1967

– Older Workers Protection Act of 1990– Vocational Rehabilitation Act of 1973– Americans with Disabilities Act of 1990

• Administration by EEOC


Summary of the Charges Received and Resolved by the EEOC

Source: U.S. Equal Employment Opportunity Commission. (Available at: http://www.eeoc.gov/stats/enforcement.html)


Figure 5.1 Most Common Impairments Alleged under ADA

Note: This is not a complete list; therefore percentages do not add up to 100. Blood Disorders include HIV (1.6%).

*Based on charges received July 26, 1992, to September 30, 2003.

Source: U.S. Equal Employment Opportunity Commission. (Available at: http://www.eeoc.gov/stats/ada-receipts.html).



• Federal Legislation (cont’d)

– Americans with Disabilities Act of 1990• Administration by EEOC Defining “Disability”• Reasonable Accommodation• AIDS-Related Cases• Obesity• Genetic Discrimination• Workplace Violence

– Immigration Reform and Control Act of 1986• English-Only Rules

– Civil Rights Act of 1991• Jury Trials and the Civil Rights Act of 1991

– Family and Medical Leave Act of 1993


Family and Medical Leave Survey Statistics

• 16.5% of all employees took leave for a family or medical reason

• 52.4% of those who took leave did so because of their own health, while 18.5% did so to care for a new baby, 13% to care for an ill parent, and 11.5% to care for an ill child

• Only 2.4% needing leave could not take it, the most common reason being the inability to afford the leave

• 16% of establishments covered by the FMLA and 41% of employees (at both covered and noncovered establishments) were not aware of the act.


Family and Medical Leave Survey Statistics (cont’d)

• 78.7% said that the leave had positive affects on their ability to care for family members

• 70.1% said that the leave had positive affects on their family members’ well being

• 63% said the leave had positive affects on their own or family members’ physical health

• 65.8% received at least some pay during their leave



• Executive Orders– “Glass Ceiling” Initiative and Beyond

• Affirmative Action Plans (AAPs)• Utilization Analysis• Availability Analysis• Identification of Problem Areas• Corrective Actions, with Goals

and Timetables• The Current Debate Over

Affirmative Action



• Executive Orders– The Problem of Reverse Discrimination

• Steelworkers v. Weber• Firefighters Local Union 1784 v. Stotts• City of Richmond v. J. A. Conson• Adarand Constructors, Inc. v. Pena

• Uniform Guidelines


The Current Debate over Affirmative Action

• Regents v. Bakke (1978)

• Board of Education of the Township of Piscataway v. Taxman (1996)

• University of Michigan Cases– Law School: Grutter v. Bollinger (2003)– Undergrad Admission: Gratz v. Bollinger

(2003)


Enforcement of EEO Laws and Regulations

• Equal Employment Opportunity Commission (EEOC)

• EEOC’s Procedural Steps:– The Charge– The Investigation– The Conciliation Meeting– EEOC and Judicial Enforcement


Enforcement of EEO Laws and Regulations (cont’d)

• Office of Federal Contract Compliance Programs (OFCCP)

• OFCCP’s Review Process:– Types of Reviews– The Review Procedure– OFCCP Decisions– Administrative and Judicial Enforcement

• The Federal Courts


Providing Illegal Discrimination

• The Prima Facie Case– Disparate Treatment (McDonnell Douglas

Corp. v. Green)– Disparate Impact (Griggs v. Duke Power

Co.)– Four-Fifths Rule– Retaliation

• EEOC v. Union Bank of Arizona• U.S. v. City of Socorro


Providing Illegal Discrimination (cont’d)

• Rebutting a Prima Facie Case– Job Relatedness

• Albermarle Paper Company v. Moody

– Bona Fide Occupational Qualification• Dothard v. Rawlinson• Diaz v. Pan American World Airways

– Bona Fide Seniority System• Teamsters v. United States• Firefighters Local Union 1784 v. Slotts

– Business Necessity• Furnco Construction Corporation v. Waters


Management’s Response

• Take Control

• Make Procedures Objective and Job-Related

• Develop Grievance Procedures

• Act Affirmatively

• If a Complaint is Filed


Figure 5.5 A corporate Policy against Sexual Harassment of Employees


Review

• The EEO Environment• Discrimination Defined• Legal and Regulatory

Documents• Enforcement of EEO Laws and

Regulations• Providing Illegal Discrimination• Management’s Response

Chapter Five Equal Employment Opportunity: The Legal Environment.

Documents

Transcript of Chapter Five Equal Employment Opportunity: The Legal Environment.