copyright ©2016 cengage learning. all rights reserved. may not be scanned, copied or duplicated, or...
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Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Copyright ©2016 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3Equal
Employment Opportunity and
Human Resources
Management
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Learning OutcomesPrepare an outline describing the major
equal employment opportunity (EEO) laws related to issues such as age, gender, religion, weight, and sexual orientation. Determine the employment practices they prohibit and the reason behind passage of EEO legislation. Describe what a bona fide occupational qualification is
Explain how the Uniform Guidelines on Employee Selection Procedures were developed and how firms use them to ensure they are abiding by the law. Understand adverse impact and disparate treatment
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Learning OutcomesUnderstand EEOC record-keeping and
posting requirements and describe how discrimination charges are processed by the EEOC
Explain what affirmative action is and how companies today are seeing the value of voluntarily having diverse workforces
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Figure 3.2 - Major Laws Affecting Equal Employment Opportunity
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Figure 3.2 - Major Laws Affecting Equal Employment Opportunity
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Civil Rights Act of 1964Bona Fide Occupational Qualification
(BFOQ)Suitable defense against a discrimination
charge only when age, religion, sex, or national origin is an actual qualification for performing the job
Title VII of the Civil Rights ActProhibits employment discrimination based on
a person’s religion
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Civil Rights Act of 1964Does not require employers to grant complete
religious freedom in employment situationsRequires employers make a reasonable
accommodation without incurring undue hardship in conduct of the business
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Fair Employment Practices (FEPs)State and local laws governing equal
employment opportunity that are more comprehensive than federal laws and apply to small employers
Prohibits discrimination based on a person’s sexual orientation, physical appearance, marital status, arrest records, color blindness, or political affiliation
Fair Employment Practice Agencies (FEPAs) - State and local agencies that enforce antidiscrimination laws
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Immigration Reform and Control Act (IRCA)
Employers must comply with the requirements of Immigration Reform and Control Act (IRCA)Employers covered by law are prohibited from
knowingly hiring or retaining unauthorized aliens on the job
Employers with four or more employees are prohibited from discriminating in hiring or termination decisions based on nationality or citizenship
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Emerging Employment Discrimination Issues
Weight discriminati
on
Attractiveness and
discrimination
Caregivers and
discrimination
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Uniform Guidelines on Employee Selection ProceduresProcedural document published in the
Federal Register to help employers comply with federal regulations against discriminatory actions
Applies to employee selection procedures in:Hiring, retention, and referralPromotion and demotionTransfer and dismissal
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Uniform Guidelines on Employee Selection ProceduresHelp comply with requirements of federal
laws prohibiting employment discriminationEmployers must be able to prove that
selection instrument used to choose individuals for employment, bears a direct relationship to job success
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Uniform Guidelines on Employee Selection ProceduresAdverse impact
Rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, nonprotected class
Ways to show existence of adverse impactAdverse rejection rate or Four-fifths ruleConduct standard deviation analysis of firm’s
applicant data
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Restricted Policy, Disparate Treatment, and Workforce Utilization Analysis
• Evidence that an employer has a selection procedure that excludes members of a protected class, whether intentional or not, constitutes adverse impact
Restricted policy
• Situation in which protected class members receive unequal treatment or are evaluated by different standards
• Involves instances of purposeful discrimination
Disparate treatment
• Process of classifying protected-class members by number and by the type of job they hold within the organization
Workforce utilization analysis
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Equal Employment Opportunity CommissionFormulate EEO policy and approve litigations
involved in maintaining equal employment opportunity
Encourage employees, who file a claim, to call on its toll-free number or fill out a questionnaire onlineCommission then begins process of evaluation
to determine weather the complaint is covered by the laws it enforces
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Record-Keeping and Posting RequirementsOrganizations subject to Title VII are
required to maintain employment records and reports
Federal contractors and subcontractors have special EEO reporting requirements
Failing to comply incur penalties
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Processing Discrimination Charges - RetaliationManagers cannot retaliate against individuals
who invoke their legal rights to file charges or to support other employees during EEOC proceedings
Title VII states that an employer may not discriminate against his employees because employee has:Opposed any unlawful employment practiceMade a charge, testified, assisted or
participated in an investigation, proceedings, or hearings under this Act
Includes punitive action taken against employees who elect to exercise their legal rights before any EEO agency
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Affirmative Action and Diversity ManagementAffirmative action: Requires organizations
to comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions
Chief diversity officer (CDO): Top executive responsible for the implementation of a firm’s diversity efforts
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Beyond Affirmative Action: Leveraging DiversityFuture of affirmative action rests in
managers’ attitudes and voluntary actions to make workplace fairer and more competitive
Diverse workforce enables a company to keep up with changes
Steps toward leveraging people’s differences involve:SeeingUnderstandingValuing
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Figure 3.6 - Steps to Leveraging Employee Differences