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TRANSCRIPT
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Copyright © 2009 Pearson Education, Inc. Publishing as Prentice Hall 2- 1
A Framework for Human Resource Management, 5th ed.
Gary Dessler
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Managing Equal Opportunity and Diversity
Ch 2
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When you finish studying this chapter, you should be able to:
• Summarize the basic equal employment opportunity laws regarding age, race, sex, national origin, religion, and handicap discrimination.
• Explain the basic defenses against discrimination allegations.
• Present a summary of what employers can and cannot do with respect to illegal recruitment, selection, and promotion and layoff practices.
• Explain the Equal Employment Opportunity Commission enforcement process.
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Selected Equal Employment Opportunity Laws
• Fifth Amendment - states that “no person shall . . . be deprived of
life, liberty, or property, without due process of the law.”
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The Equal Pay Act of 1963
• The Equal Pay Act of 1963 - cannot discriminate in pay on the basis of sex
when jobs involve equal work—equivalent skills, effort, and responsibility—and are performed under similar working conditions
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Title VII of the 1964 Civil Rights Act
• Title VII of the 1964 Civil Rights Act - employer cannot discriminate based on race,
color, religion, sex, or national origin
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Title VII of the 1964 Civil Rights Act (cont.)
It shall be an unlawful employment practice for an employer:
1. To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment.
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Title VII of the 1964 Civil Rights Act (cont.)
2. To limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee.
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Equal Employment Opportunity Commission (EEOC)
• Enhanced the federal government’s ability to enforce equal employment opportunity laws
• Receives and investigates job discrimination complaints from aggrieved individuals
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Executive Orders
• Executive Orders 11246 and 11375- require that contractors take affirmative action
to ensure equal employment opportunity
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Age Discrimination in Employment Act
• Age Discrimination in Employment Act - makes it unlawful to discriminate against
employees or applicants for employment who are 40 years of age or older
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Vocational Rehabilitation Act
• Vocational Rehabilitation Act - requires employers with federal contracts over
$2,500 to take affirmative action for the employment of handicapped persons
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Pregnancy Discrimination Act
• Pregnancy Discrimination Act - broadened the definition of sex discrimination
to encompass pregnancy, childbirth, or related medical conditions
- prohibits using these for discrimination in hiring, promotion, suspension or discharge, or any other term or condition of employment
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Federal Agency Guidelines
• Federal Agency Guidelines - specify procedures federal agencies
recommend employers follow in complying with the equal opportunity laws
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Uniform Guidelines on Employee Selection Procedures
• Uniform Guidelines on Employee Selection Procedures- superceded earlier ones developed by the
EEOC - set forth “highly recommended” guidelines
regarding matters such as employee relations, record keeping, preemployment inquiries, and affirmative action programs
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Sexual Harassment
• Sexual harassment - conduct that has the purpose of substantially
interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment
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Sexual Harassment (cont.)
• Employers have a duty to maintain workplaces free of sexual harassment and intimidation
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Proving Sexual Harassment
• Quid pro quo• Hostile environment created by
supervisors• Hostile environment created by coworkers
or nonemployees
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Court Decisions
• Burlington Industries v. Ellerth • Faragher v. City of Boca Raton
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Implications for Employers
• In a quid pro quo case it is not necessary for the employee to have suffered tangible job action to win a case.
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Implications for Employers (cont.)
• An employer could defend itself against sexual harassment liability by showing two things:- the employer exercised care to prevent and
correct promptly any sexually harassing behavior
- the employer had to demonstrate that the plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer”
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Causes
• Permissive social climate - where employees conclude there’s a risk to
victims for complaining, that complaints won't be taken seriously, and that there’s a lack of sanctions against offenders
• Gender harassment• Most sexual harassment victims don’t sue
or complain
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What the Manager/Employer Should Do
1. Take steps to ensure harassment does not take place
2. Take immediate corrective action
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What the Employee Can Do
• File a verbal complaint or protest with the harasser and the harasser’s boss
• Write a letter to the accused• File claim with EEOC• Consult an attorney
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What to Cover in a Sexual Harassment Policy
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Selected Court Decisions Regarding Equal Employment Opportunity
• Griggs v. Duke Power Company • Albemarle Paper Company v. Moody
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Civil Rights Act of 1991 (CRA 1991)
• CRA 1991 addressed the issue of burden of proof
• Makes it easier to sue for money damages in certain cases
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Americans with Disabilities Act (ADA)
• Americans with Disabilities Act - prohibits employers from discriminating
against qualified disabled individuals- employers must make “reasonable
accommodations”
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Reasonable Accommodation
• Redesigning the job• Modifying work schedules • Modifying or acquiring equipment to assist
the person in performing the job
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Reasonable Accommodation (cont.)
• When a Wal-Mart door greeter returned to work after back surgery she asked her employer if she could sit on a stool while on duty.
• Wal-Mart rejected her request and she sued.
• Federal District Court agreed with Wal-Mart that the employee could not perform her duties while sitting down.
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Legal Obligations
• May not make preemployment inquiries about a person’s disability
• Should review job application forms, interview procedures, and job descriptions
• Must make a reasonable accommodation
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Implications for Managers
• “Disabilities” will be defined quite narrowly• Employers do not need to allow
misconduct• Employer does not have to create a new
job
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State and Local EEO Laws
• Effect is to further restrict employers regarding their treatment of job applicants and employees
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Adverse Impact
• Adverse impact - “total employment process that results in a
significantly higher percentage of a protected group being rejected for employment, placement, or promotion”
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Disparate Treatment
• Disparate treatment - intentional discrimination
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Disparate Impact
• Disparate impact - employer engages in an employment practice
or policy that has a greater adverse impact (effect) on the members of a protected group
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Employer Defenses
• Bona fide occupational qualification
• Business necessity
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Employer Defenses (cont.)
• In Spurlock v. United Airlines, a minority candidate sued United Airlines, stating that its requirements that a pilot candidate have 500 flight hours and a college degree were unfairly discriminatory.
• The Court agreed that these requirements did have an adverse impact.
• The Court held that in light of the tremendous human and economic risks involved in hiring unqualified candidates, the selection standards were required by business necessity.
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Recruitment
• Word of mouth• Misleading information• Help wanted ads
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Selection Standards
• Educational requirements• Tests• Preferences to relatives• Physical characteristics• Health questions• Arrest records• Application forms• Uniforms
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Educational Requirements
May be held illegal when:
1. It can be shown that minority groups are less likely to possess the educational qualifications (such as a high school diploma)
2. Such qualifications are also not job related
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Tests
• Must demonstrate a reasonable measure of job performance
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EEOC Enforcement Process
• Processing a Charge- charge must be filed in writing within 300 or
180 days depending on state law- EEOC has 10 days to serve notice- EEOC determines reasonable cause within
120 days- EEOC attempts to conciliate- EEOC may bring civil suit in federal court
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Voluntary Mediation Mechanism
1. Agree to mediate charge
2. Make a settlement offer
3. Prepare a position statement
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Responding to Discrimination Charges
• Be methodical• Investigators aren’t judges• Meet with employee who made complaint• Give the EEOC a position statement
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Responding to Discrimination Charges (cont.)
• Ensure there is information demonstrating lack of merit
• Limit information to only those issues in the charge itself
• Seek as much information as possible• Prepare for the EEOC’s fact-finding
conference
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Managing Diversity
• Managing diversity - maximizing diversity’s potential advantages
while minimizing the potential barriers
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Diversity Management Program
• Provide strong leadership• Assess the situation• Provide diversity training• Change culture and management systems• Evaluate the program
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Affirmative Action
• Affirmative action - requires the employer to make
an extra effort to hire and promote those in a protected group
- specific actions to eliminate the present effects of past discrimination
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Suggested Affirmative Action Program
• Issue a written equal employment policy• Appoint a top official• Publicize policy• Survey present minority and female
employment• Develop goals and timetables
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Suggested Affirmative Action Program (cont.)
• Develop and implement specific programs to achieve goals
• Establish an internal audit and reporting system
• Develop support of in-house and community programs
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Affirmative Action Today
Steps to increase employee support:• Transparent selection procedures• Communication• Justifications
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Sample Metrics for HRIS
• EEOC claims per year• Cost of HR-related litigation• Percent of minority promotions• Survival/loss rate among employee groups
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