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EEO ConceptsEEO Concepts

• DiscriminationDiscrimination ““Recognizing differences among items or people.”Recognizing differences among items or people.” Illegal in employment-related situationsIllegal in employment-related situations

• Protected ClassProtected Class Individuals within a group identified for protection Individuals within a group identified for protection

under equal employment laws and regulation.under equal employment laws and regulation.

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Figure 3-1 Illegal Employment Figure 3-1 Illegal Employment DiscriminationDiscrimination

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EEO ConceptsEEO Concepts

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EEO ConceptsEEO Concepts

• A plaintiff charging discrimination:A plaintiff charging discrimination: Burden of proofBurden of proof

Must be a protected-class memberMust be a protected-class member Must prove that disparate impact or disparate treatment Must prove that disparate impact or disparate treatment

existed.existed.

• RetaliationRetaliation EEO laws prohibit employers from taking punitive EEO laws prohibit employers from taking punitive

actions against individuals exercising legal rights.actions against individuals exercising legal rights.

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Major Equal Employment LawsMajor Equal Employment Laws

• Civil Rights Act of 1964, Title VIICivil Rights Act of 1964, Title VII Established the Equal Opportunity Commission to Established the Equal Opportunity Commission to

enforce the act’s provisions.enforce the act’s provisions.

CoverageCoverage All private employers with 15 or more employeesAll private employers with 15 or more employees

All educational institutions, public and privateAll educational institutions, public and private

State and local governmentsState and local governments

Public and private employment agenciesPublic and private employment agencies

Labor unions with 15 or more employeesLabor unions with 15 or more employees

Joint labor/management apprenticeship committeeJoint labor/management apprenticeship committee

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Civil Rights Act of 1991Civil Rights Act of 1991

• Significant provisions:Significant provisions: Employment practices must be job-related and consistent with Employment practices must be job-related and consistent with

business necessity.business necessity.

Plaintiffs must challenge a particular employer practice and Plaintiffs must challenge a particular employer practice and show that protected-class status played show that protected-class status played some rolesome role..

Provided limited compensatory damages for intentional Provided limited compensatory damages for intentional discrimination.discrimination.

Allowed plaintiffs to seek jury trials.Allowed plaintiffs to seek jury trials.

Prohibited race and gender norming of tests and the use of Prohibited race and gender norming of tests and the use of alternative scoring based on protected class membership.alternative scoring based on protected class membership.

Extended EEO coverage to U.S. citizens overseas and Extended EEO coverage to U.S. citizens overseas and government employees.government employees.

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Sex/Gender Discrimination LawsSex/Gender Discrimination Laws

• Pregnancy Discrimination Act )PDA) of 1978Pregnancy Discrimination Act )PDA) of 1978• Equal pay and pay equityEqual pay and pay equity

Differences in seniorityDifferences in seniority Differences in performanceDifferences in performance Differences in quality and/or quantity of productionDifferences in quality and/or quantity of production Factors other than sex, such as skill, effort, and Factors other than sex, such as skill, effort, and

working conditionsworking conditions

• Sexual HarassmentSexual Harassment

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Sex/Gender DiscriminationSex/Gender Discrimination

• Pregnancy Discrimination Act (PDA) of 1978Pregnancy Discrimination Act (PDA) of 1978

Requires an employer to treat maternity leave the Requires an employer to treat maternity leave the same as other personal or medical leaves. same as other personal or medical leaves.

Employers must treat pregnant employees the same Employers must treat pregnant employees the same as other employees.as other employees.

• Equal Pay Act of 1963Equal Pay Act of 1963 Requires employers to pay similar wage rates for Requires employers to pay similar wage rates for

similar work without regard to gender. similar work without regard to gender. Exceptions are permitted for differences in seniority, Exceptions are permitted for differences in seniority,

performance, output, and other work-related factors.performance, output, and other work-related factors.

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Sex/Gender Discrimination (cont’d)Sex/Gender Discrimination (cont’d)

• Pay Equity (Comparable Worth)Pay Equity (Comparable Worth)

The concept that pay for jobs requiring comparable The concept that pay for jobs requiring comparable levels of knowledge, skill, and ability should be paid levels of knowledge, skill, and ability should be paid similarity, even if actual duties differ significantly.similarity, even if actual duties differ significantly.

Courts have consistently ruled against the concept.Courts have consistently ruled against the concept.

Arises from the continuing gap between the earnings Arises from the continuing gap between the earnings of women and men.of women and men.

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Sex/Gender Discrimination (cont’d)Sex/Gender Discrimination (cont’d)

• Sexual HarassmentSexual HarassmentActions that are sexually directed, are unwanted, and Actions that are sexually directed, are unwanted, and

subject the worker to adverse employment conditions subject the worker to adverse employment conditions or create a hostile work environment. or create a hostile work environment.

Can occur between a boss and a subordinate, among Can occur between a boss and a subordinate, among co-workers, and when non-employees have business co-workers, and when non-employees have business contacts with employees.contacts with employees.

• The “Glass Ceiling”The “Glass Ceiling”Discriminatory practices that have prevented women Discriminatory practices that have prevented women

and other protected-class members from advancing to and other protected-class members from advancing to executive-level jobs.executive-level jobs.

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Potential Sexual HarassersPotential Sexual Harassers

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Americans with Disabilities Act (ADA)Americans with Disabilities Act (ADA)

• Definition of disabilityDefinition of disability A disability is a physical or mental impairment that

substantially limits a person in some major life activities.

A disabled person is one who has a record of such an impairment, or who is regarded as having such an impairment.

• Americans with Disabilities Act (ADA) in 1990Americans with Disabilities Act (ADA) in 1990 Covers all employers with 15 or more employeesCovers all employers with 15 or more employees——

private employers, employment agencies, and labor private employers, employment agencies, and labor unions except state government employees. unions except state government employees.

Enforced by the EEOCEnforced by the EEOC

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ADA and Job RequirementsADA and Job Requirements

• Essential Job FunctionsEssential Job Functions Fundamental job duties of the employment position Fundamental job duties of the employment position

that an individual with a disability holds or desires.that an individual with a disability holds or desires.

• Reasonable AccommodationReasonable Accommodation A modification or adjustment to a job or work A modification or adjustment to a job or work

environment that enables a qualified individual with a environment that enables a qualified individual with a disability to have an equal employment opportunity.disability to have an equal employment opportunity.

• Undue HardshipUndue Hardship Significant difficulty or expense imposed on an Significant difficulty or expense imposed on an

employer in making an accommodation for individuals employer in making an accommodation for individuals with disabilities.with disabilities.

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Age, Race, and Other Types of Age, Race, and Other Types of DiscriminationDiscrimination

• Age Discrimination in Employment (ADEA)Age Discrimination in Employment (ADEA) Prohibits employment discrimination against all Prohibits employment discrimination against all

individuals age 40 or older working for employers individuals age 40 or older working for employers having 20 or more workers.having 20 or more workers.

• Older Workers Benefit Protection Act (OWBPA)Older Workers Benefit Protection Act (OWBPA) An amendment to the ADEA aimed at protecting An amendment to the ADEA aimed at protecting

employees when they sign liability waivers for age employees when they sign liability waivers for age discrimination in exchange for severance packages.discrimination in exchange for severance packages.

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Immigration Reform and Control Act Immigration Reform and Control Act (IRCA)(IRCA)• Immigration Reform and Control Act (IRCA)Immigration Reform and Control Act (IRCA)

Prohibits employment discrimination against Prohibits employment discrimination against persons legally permitted to work in the United persons legally permitted to work in the United States.States.

Requires employers to document (I-9 form) Requires employers to document (I-9 form) eligibility for employment. eligibility for employment.

Provides penalties for knowingly Provides penalties for knowingly employing illegal workers.employing illegal workers.

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Other Types of DiscriminationOther Types of Discrimination

• Racial/Ethnic HarassmentRacial/Ethnic Harassment EEOC guidelines recommend adopting policies EEOC guidelines recommend adopting policies

prohibiting ethnic jokes, vulgar epithets, racial slurs, prohibiting ethnic jokes, vulgar epithets, racial slurs, and physical actions.and physical actions.

• Religious DiscriminationReligious Discrimination Discrimination is illegal unless religion is a bona fide Discrimination is illegal unless religion is a bona fide

occupational qualification. occupational qualification. Reasonable Reasonable accommodationaccommodation of beliefs is required. of beliefs is required.

• Genetic Bias DiscriminationGenetic Bias Discrimination A developing area with no clear guidelines as yet on A developing area with no clear guidelines as yet on

use of genetic information in employment.use of genetic information in employment.

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Other Types of Discrimination (cont’d)Other Types of Discrimination (cont’d)

• Sexual OrientationSexual Orientation At present, some state and local, but no federal, laws against At present, some state and local, but no federal, laws against

sexual orientation discrimination have been passed.sexual orientation discrimination have been passed.

• Appearance and Weight DiscriminationAppearance and Weight Discrimination Uniform application of workplace dress codes is permitted.Uniform application of workplace dress codes is permitted.

Height and weight-related job requirements must be job-related.Height and weight-related job requirements must be job-related.

• Military StatusMilitary Status The Vietnam-Era Veterans Readjustment Act (1974) and the The Vietnam-Era Veterans Readjustment Act (1974) and the

Uniformed Services Employment and Reemployment Act (1994) Uniformed Services Employment and Reemployment Act (1994)

encourage the employment of veterans and require employers to encourage the employment of veterans and require employers to

provide leaves of absence and reemployment rights for provide leaves of absence and reemployment rights for

employees called to active duty.employees called to active duty.

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EEO EnforcementEEO Enforcement

• Equal Employment Opportunity CommissionEqual Employment Opportunity CommissionEEOC is the enforcement authority for EEO laws.EEOC is the enforcement authority for EEO laws.

• Office of Federal Contract Compliance Office of Federal Contract Compliance (OFFCP)(OFFCP)Ensures that federal contractors have Ensures that federal contractors have

nondiscriminatory practices and take affirmative nondiscriminatory practices and take affirmative action to overcome the effects of past action to overcome the effects of past discrimination.discrimination.

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EEOC EnforcementEEOC Enforcement

• EEOC reporting formsEEOC reporting formsFor private-sector employers with 100 or more For private-sector employers with 100 or more

employees, filed annuallyemployees, filed annuallyFor government/union/school districts, filed For government/union/school districts, filed

bienniallybiennially

• Applicant-flow formApplicant-flow formFilled out by job applicant to show employers do Filled out by job applicant to show employers do

not discriminate in recruiting/selection of protected not discriminate in recruiting/selection of protected classesclasses

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Figure 3.4 Common Diversity Management Figure 3.4 Common Diversity Management ComponentsComponents

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Figure 3-4 Recent Year Charge Statistics from Figure 3-4 Recent Year Charge Statistics from EEOCEEOC

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Sex/Gender DiscriminationSex/Gender Discrimination

• Types of Sexual HarassmentTypes of Sexual Harassment Quid pro quoQuid pro quo—l—linking employment outcomes to the individual’s inking employment outcomes to the individual’s

granting of sexual favors.granting of sexual favors.

Hostile environmentHostile environment—a—an individual’s performance or n individual’s performance or psychological well-being is unreasonably affected by intimidating psychological well-being is unreasonably affected by intimidating or offensive working conditionsor offensive working conditions

• An affirmative defense for employers in dealing with An affirmative defense for employers in dealing with sexual harassment incidents includes:sexual harassment incidents includes: Establishing a sexual harassment policyEstablishing a sexual harassment policy

Communicating the policy regularlyCommunicating the policy regularly

Training employees to avoid sexual harassmentTraining employees to avoid sexual harassment

Investigating and taking actions when complaints ariseInvestigating and taking actions when complaints arise

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Figure 3-6 Various Approaches to Figure 3-6 Various Approaches to Diversity and Their ResultsDiversity and Their Results

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Managing DiversityManaging Diversity

• Diversity trainingDiversity training Legal awarenessLegal awareness Cultural awarenessCultural awareness Sensitivity trainingSensitivity training

• Backlash against diversity effortsBacklash against diversity efforts

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Affirmative ActionAffirmative Action

• Affirmative Action Plan (AAP)Affirmative Action Plan (AAP) A requirement for federal government contractors with more A requirement for federal government contractors with more

than 50 employees and over $50,000 in government contracts than 50 employees and over $50,000 in government contracts annually to formally document the inclusion of women and racial annually to formally document the inclusion of women and racial minorities in the workforce.minorities in the workforce.

• Availability analysisAvailability analysis Identifies the number of protected-class members available to Identifies the number of protected-class members available to

work in the appropriate labor markets for given jobs.work in the appropriate labor markets for given jobs.

• Utilization analysisUtilization analysis Identifies the number of protected-class members employed in Identifies the number of protected-class members employed in

the organization and the types of jobs they hold.the organization and the types of jobs they hold.

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Components of an Affirmative Action PlanComponents of an Affirmative Action Plan