equal employment opportunity in bangladesh
DESCRIPTION
equal employment opportunity in bangladeshTRANSCRIPT
-
www.AssignmentPoint.com
Chapter 3Equal Opportunity Employment
Fundamentals of Human Resource ManagementEighth Edition
DeCenzo and Robbins
-
Introduction Government legislation affects all HRM functions
State and municipal laws impact HRM, as well as the Federal laws
www.AssignmentPoint.com
-
Laws Affecting Discriminatory Practices Legislation prohibiting discrimination on the basis of
race, sex, and national origin before the 1964 Civil Rights Act Civil Rights Act of 1866 Fourteenth Amendment to the Constitution
www.AssignmentPoint.com
-
Laws Affecting Discriminatory Practices
www.AssignmentPoint.com
-
Civil Rights Act of 1964 Title VII prohibits 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 more employees. www.AssignmentPoint.com
-
Civil Rights Act of 1964 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
www.AssignmentPoint.com
-
Civil Rights Act of 1964 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 bring
about change Involves:
analyzing current work force demographics establishing goals and timetables for correcting
imbalanceswww.AssignmentPoint.com
-
Civil Rights Act of 1964 Controversy and criticism of preferences in
employment for protected groups is causing legislative bodies to take a second look at Affirmative Action.
Adverse (disparate) impact occurs when there is a greater rejection rate in an
occupation for a protected group (those protected under discrimination laws) than for the majority group.
Adverse (disparate) treatment occurs when members of a protected group are
treated differently than other employees.www.AssignmentPoint.com
-
Laws Affecting Discriminatory 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.) 11375 Added sex-based discrimination
www.AssignmentPoint.com
-
Laws Affecting Discriminatory Practices Age Discrimination in
Employment Act of 1967 protects those 40 and older eliminates mandatory retirement
and the arbitrary replacement of older workers with younger workers
provides for oversight in pension and benefit issues
www.AssignmentPoint.com
-
Laws Affecting Discriminatory Practices Pregnancy Discrimination Act of
1978 Employment decisions may not be
based on an individuals pregnancy Must treat pregnancy as any other
short-term disability Supplemented by various state
laws
www.AssignmentPoint.com
-
Laws Affecting Discriminatory Practices The Americans with Disabilities
Act 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.
www.AssignmentPoint.com
-
Laws Affecting Discriminatory Practices The Family and Medical Leave
Act of 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 under the Act.
www.AssignmentPoint.com
-
Laws Affecting Discriminatory 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
www.AssignmentPoint.com
-
Laws Affecting Discriminatory 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 seek punitive damages in intentional discriminatory claims
Included the Glass Ceiling Act
www.AssignmentPoint.com
-
Guarding Against Discrimination Practices Determining Potential Discriminatory Practices
The 4/5ths Rule Restricted Policy Geographical Comparisons McDonnell-Douglas Test
www.AssignmentPoint.com
-
Guarding Against Discrimination Practices 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.
www.AssignmentPoint.com
-
Guarding Against Discrimination Practices Restricted Policy
infractions occur when HRM activities result in exclusion of a class of individuals E.g., laying off employees over age 40 while recruiting
younger workers
www.AssignmentPoint.com
-
Guarding Against Discrimination Practices Geographical Comparisons
Characteristics of the qualified pool of potential applicants
are compared to
characteristics of employees
www.AssignmentPoint.com
-
Guarding Against Discrimination Practices McDonnell-Douglas Test
Individual is member of a protected group. Individual is qualified for job. Individual is rejected. Organization continues to seek other applicants with
similar qualifications.
www.AssignmentPoint.com
-
Responding to an EEO Charge Employers should discontinue practices which
cannot be defended. Practice reinstated only after
Careful study Practice is modified, if necessary
Three defenses: Business necessity Bona Fide occupations qualifications Seniority System
www.AssignmentPoint.com
-
Responding to an EEO Charge Business Necessity the right to expect employees
to perform successfully shown by demonstrating that
selection criteria are job-related
www.AssignmentPoint.com
-
Responding to an EEO Charge Bona Fide Occupational Qualifications
Can be use when job requirements are Reasonably necessary to meet the normal operation of that business or enterprise
Title VII exceptions Sex Age Religion
www.AssignmentPoint.com
-
Responding to an EEO Charge Seniority Systems
Decisions that adversely affect protected group members may be permissible if:
Based on well-established and consistently applied seniority systems
www.AssignmentPoint.com
-
Selected Relevant Supreme Court Cases
Cases Concerning Discrimination Cases Concerning Reverse Discrimination
www.AssignmentPoint.com
-
Selected Relevant Supreme 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 not support evidence of discrimination; burden of proof shifted to the plaintiff.
www.AssignmentPoint.com
-
Selected Relevant Supreme Court Cases Cases concerning reverse discrimination
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.
www.AssignmentPoint.com
-
Selected Relevant Supreme Court Cases Firefighter Local 1784 v. Stotts (1984)
& Wyant v. Jackson Board of Education (1986): Affirmative action may not take
precedence over a seniority system Collective bargaining agreement giving
preferential treatment to minorities in layoffs was illegal.
Johnson v. Santa Clara County Transportation (1987): Preferential treatment based on AA goals
permitted if non-minorities protected.
www.AssignmentPoint.com
-
Enforcing Equal Employment Opportunity Equal Employment Opportunity
Commission Jurisdiction for Title VII and other
legislation that covers charges of discrimination based on race, color, sex, national origin, age or disability.
Five Step Process to Pursue Charges
www.AssignmentPoint.com
-
Enforcing Equal Employment Opportunity1. EEOC notifies company within 10 days of filing
and begins investigation2. EEOC notifies company of findings within 120
days3. If unfounded, process stops
If founded, EEOC tries to resolve4. If unsuccessful, EEOC begins mediation
(settlement meeting)5. If unsuccessful, EEOC may file charges in
courtwww.AssignmentPoint.com
-
Enforcing Equal Employment Opportunity Office of Federal Contract Compliance
Programs (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; process similar
to that of EEOC. Can cancel employers contract with federal
government Applies to any organization with a federal contract or
acts as a subcontractor. www.AssignmentPoint.com
-
HRM in a Global Environment Laws affecting Human Resource Management vary greatly by country.
Canadian laws closely parallel those in the U.S.
In Mexico, employees more likely to be unionized.
Australias discrimination laws not enacted until the 1980s
www.AssignmentPoint.com
-
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: verbal or
physical conduct toward an individual: (1) creates an intimidating, offensive, or hostile
environment (2) unreasonably interferes with an individuals work (3) adversely affects employees employment
opportunities.
www.AssignmentPoint.com
-
Current Issues in Employment Law Meritor Savings Bank v. Vinson Supreme Court 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 that harassment can take place even if the employee does not experience any negative job repercussions.
www.AssignmentPoint.com
-
Current Issues in Employment Law Are Women Reaching the Top of
Organizations? Comparable worth - determining fair pay for both
female-oriented jobs and male-oriented jobs based on comparable skill, effort, and responsibility.
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.
www.AssignmentPoint.com