CHAPTER 3

Equal Employment Opportunity

DeCenzo and Robbins HRM 7th Edition 1

 CHAPTER 3 TOPICS:
• 1: Civil Rights Act of 1964
• 2: Equal Employment Opportunity Act of 1972
• 3: Affirmative action
• 4: Adverse impact, for example
• 5: Americans with Disabilities Act of 1990
• 6: Family and Medical Leave Act of 1993
• 7: Discrimination charge defenses
• 8: Griggs v. Duke Power
• 9: Sexual harassment
• 10: Glass ceiling
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1: CIVIL RIGHTS
LEGISLATION
• Civil Rights Act of
1866
• Civil Rights Act of
1964
– Title VII
– Title IX

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 1: TITLE VII PROHIBITS
DISCRIMINATION
• IN
– Hiring
– Compensation
– Terms, conditions or privileges of employment
• BASED ON
– Race, religion, color, sex, national origin
• 25 OR MORE EMPLOYEES

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2: EQUAL EMPLOYMENT
OPPORTUNITY ACT
• Title VII Amendments
– Enforcement
– Interpretation
• EEOC created
– Prohibit discrimination
– File civil suit
– Coverage expanded
• State and local
• Educational institutions
• Over 15 employees

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3: AFFIRMATIVE ACTION
• Stipulated by Title VII
• Preferential treatment
to minority group
members
– Recruiting
– Hiring

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 3: REASONS FOR
AFFIRMATIVE ACTION
• Majority workers were
white male
• U.S. companies were
growing
• Correct past prejudice
• Change had to have
legal and social
coercion

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 3: CURRENT AFFIRMATIVE
ACTION
• Fair employment
• Groups given preferential treatment
• Individual performance should determine
employment actions
• Goal: Equal employment opportunity for
all individuals

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4: HOW TO DETERMINE
EEO?
• Adverse impact
– Consequence of
practice
• Disparate impact
• Adverse treatment
– Treatment of protected
class
• Disparate treatment

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 4: AGE DISCRIMINATION IN
EMPLOYMENT ACT
• 1967
• 40 or 60 or ???
• Save $$
• Punitive damages
• 20+ employees
• Government,
employment agencies,
labor organizations

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 4: PREGNANCY
DISCRIMINATION ACT
• 1978
• Hire
• Insure
• Fire
• Depends on other
benefits coverage

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 5: AMERICANS WITH
DISABILITIES ACT
• 1990
• Reasonable
accommodation
• Reassignment
• 15 or more
employees
• Private and public

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6: FAMILY AND MEDICAL
LEAVE ACT
• 1993
• Family matters
– (childbirth, adoption,
sick child)
• 12 weeks unpaid
• Health insurance
• Come back to a job
• Who is covered?

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 6: EXECUTIVE ORDERS
• Protect federal
workers against
discrimination
• 11246
– 1965
– Race, religion, color,
national origin
– Office of Federal
Contract Compliance
Programs

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 6: MORE EXECUTIVE
ORDERS
• 11375
– Sex
• 11478
– Political affiliation
– Marital status
– Physical disability

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6: CIVIL RIGHTS ACT OF 1991
• Glass Ceiling Act
• Punitive damages

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 7: DETERMINING
DISCRIMINATION
• Adverse impact on
more than one
individual
• Tests indicate
risky/questionable
practices

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 7: WAYS TO DETERMINE
DISCRIMINATION
• 4/5ths rule
• Restricted policy
• Geographical
comparison
• McDonnell-Douglas
test

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 7: 4/5TH RULE
• EEOC guideline
• Each step of the
selection process
• Minority numbers
must be 80% of
majority numbers

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 7: RESTRICTED POLICY
• Through hiring
practices
– Intentional or not
• A protected class
• Excluded from
consideration

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 7: GEOGRAPHICAL
COMPARISON
• Qualified pool of
applicants

• MATCHED AGAINST

• Characteristics of
employees

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 7: MCDONNELL-DOUGLAS
TEST
• Member of a
protected group
• Qualified for job
• Rejected
• Enterprise then
continues to seek
other applicants with
similar qualifications

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 7: WHAT TO DO WHEN….
• EEO ALLEGES
DISCRIMINATION
– Business necessity
– Bonafide occupational
qualification
– Seniority

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7: BUSINESS NECESSITY
• Operate in a safe and
efficient manner
• Employees possess
appropriate
– Skills
– Knowledge
– Abilities

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 7: BFOQ
• Title VII exceptions
– Sex
– Age
– Religion
• Job requirements
“Reasonably necessary
to meet the normal
operation of that
business or enterprise”

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 8: DISCRIMINATION CASES
• Griggs v. Duke Power
• Albemarle Paper
Company v. Moody
• Ward’s Cove Packing
Company v. Antonio

» See Exhibit 3-5

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Exhibit 3-5: Summary of Selected Supreme Court
Cases Affecting EEO

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 8: GRIGGS V. DUKE POWER
• Interpretative
guidelines for Title VII
• Employment testing
• Employers have
burden of proof that
tests provide a
reasonable measure
of job performance

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 8: ALBEMARLE PAPER
COMPANY V. MOODY
• Use and validate
selection tests
• Tests not validated
before use
• Tests used for hiring
and promotion
• Subjective supervisor
ratings
• Validating process

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8: WARD’S COVE PACKING
COMPANY
• Salmon cannery
• Burden of proof
shifted to employee

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 8: REVERSE
DESCRIMINATION
• Allen Bakke
– UC Davis Medical
School entrance
– Seats could not be set
aside
• Brian Webber
– Kaiser Aluminum
training program
– Endorsed voluntary
affirmative action

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 8: YOUR HR ISSUES ARE…
• HRM practices may
be challenged by
anyone
• SO….
– Defend
– Explain
• OR ELSE

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 9: ROLE OF EEOC
• Notify organization of
charge
• Notify organization of
findings
• If cause
– Informal process
– Mediation meeting
– EEOC may file
charges in court

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 9: SEXUAL HARASSMENT
• 15,000 complaints a
year
• Defined
– Hostile environment
– Interferes with work
– Adversely affects
employment
opportunity

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9: ROLE OF HRM IN SEXUAL
HARASSMENT
– Issue a policy
– Establish procedure
– Inform employees
– Train managers
– Investigate
– Corrective action
– Follow up
– Review turnover
– Privacy- recognition

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10: GLASS CEILING
• Comparable worth
• Invisible barrier to
promotion
– Audit compliance
programs
– Training
– Organizational culture

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QUICK: REVIEW CHAPTER 3
– ANSWER THESE QUESTIONS ON A SHEET
OF PAPER.
• 1. THE MOST IMPORTANT THING WE DID IN
CLASS TODAY _______.
• 2. I STILL HAVE QUESTIONS ABOUT___.
• 3. THE BEST THING ABOUT CLASS TODAY
WAS _______________.
• 4. DON’T D0 ____________ ANYMORE.
– TURN THEM IN, PLEASE. NO NAMES. WE’LL TALK
NEXT CLASS SESSION

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 PREVIEW: CHAPTER 4
• Ask 3 people you know:
– Did you ever have to take a -
• drug test to get a job?
• drug test to keep a job?
• polygraph test to get a job?
• polygraph test to keep a job?
– Then ask about EMPLOYEE RIGHTS.

• Write up their responses for 1 extra point on your final grade.

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Exhibit 3-1: Summary of Laws Affecting
Discrimination

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Exhibit 3-2: Family and Medical Act

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Exhibit 3-3: Employer Communications Requirements
Under FMLA

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Exhibit 3-4: Applying the 4/5ths Rule

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