Fundamentals of Human

Resource Management
Eighth Edition

DeCenzo and Robbins

Chapter 3
Equal Opportunity Employment

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Introduction
Government legislation
affects all HRM functions
State and municipal laws
impact HRM, as well as
the Federal laws

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Laws Affecting Discriminatory

Practices

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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
imbalances
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Guarding Against
Discrimination Practices
Determining Potential Discriminatory
Practices
The 4/5ths Rule
Restricted Policy
Geographical Comparisons
McDonnell-Douglas Test

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Guarding Against
Discrimination Practices
Geographical Comparisons
Characteristics of the qualified
pool of potential applicants
are compared to
characteristics of employees

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Responding to an EEO Charge

Business Necessity
the right to expect
employees to perform
successfully
shown by demonstrating
that selection criteria
are job-related

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Selected Relevant Supreme

Court Cases

Cases Concerning Discrimination

Cases Concerning Reverse Discrimination
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Enforcing Equal Employment

Opportunity
1. EEOC notifies company within 10 days of
filing and begins investigation
2. EEOC notifies company of findings within
120 days
3. If unfounded, process stops
If founded, EEOC tries to resolve

4. If unsuccessful, EEOC begins mediation

(settlement meeting)
5. If unsuccessful, EEOC may file charges in
court
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins