Developing Human Resource 5
Equal Employment Opportunity
CHAPTER 3
14e
Human Resource
Management
Robert L. Mathis | John H. Jackson | Sean R. Valentine
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Learning Objectives
Identify the major government agencies that enforce employment discrimination laws
Outline key provisions in the Civil Rights Acts of 1964 and 1991and compare the two theories of unlawful employment discrimination
Show how women are affected by pay, job assignments, and career issues
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Learning Objectives
Distinguish between the two types of sexual harassment and explain how employers can prevent its occurrence
List key elements of disability discrimination laws
Discuss the legal protections to prevent bias and discrimination based on age, religion, national origin, and other factors
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Nature of Equal Employment Opportunity
Unlawful discrimination - Making employment decisions on the basis of:
Protected characteristics: Attribute about an individual that is protected under EEO laws and regulations
Age and color
Disability
Genetic information and marital status (some states)
Military status or experience
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Nature of Equal Employment Opportunity
National origin
Pregnancy
Race and religion
Sexual orientation (some states and cities)
Equal Employment Opportunity (EEO): Employment that is not affected by illegal discrimination
Status blind: Emphasizes that differences among people should be ignored and everyone should be treated equally
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Sources of Regulation and Enforcement
Federal statutes enacted by the legislature
State and city legislatures
Courts
Interpret the laws
Rule on cases
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Sources of Regulation and Enforcement
Government agencies
Issue guidelines and rules for law implementation
Equal Employment Opportunity Commission (EEOC) - Enforces employment laws for employers
Department of Labor - oversees compliance with employment-related laws
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Theories of Unlawful Discrimination
Disparate treatment: Members of a group are treated differently from others
Different standards used to judge different people
Same standard is used, but it is not related to the individuals’ jobs
Is overt and intentional
Ricci v. DeStefano (2009) case
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Theories of Unlawful Discrimination
Disparate impact
Members of a protected category are substantially underrepresented as a result of employment decisions that work to their disadvantage
Griggs vs. Duke Power (1971) decision
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Figure 3.2 - EEO Concepts
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Equal Employment Opportunity Concepts
Practice necessary for safe and efficient organizational operations
Business Necessity
Provide a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration
Bona Fide Occupational Qualification (BFOQ)
Individuals who file suit against employers must establish that illegal discrimination has occurred
Through either factual or statistical evidence
Prima facie case - Sufficient evidence provided to the court to support the case and allow the plaintiff to continue with the claim
Burden of Proof
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Retaliation
Punitive actions taken by employers against individuals who exercise their legal rights
To prevent charges of retaliation
Create and disseminate an antiretaliation policy
Train supervisors
Review performance evaluation
Conduct a thorough internal investigation
Take appropriate action
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Civil Rights Act of 1964, Title VII
Made it illegal for employers to:
Fail or refuse to hire or discharge any individual
Discriminate with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, sex, or national origin
Limit, segregate, or classify employees or applicants for employment in any way that would:
Deprive any individual of employment opportunities
Adversely affect an employee because of his/her race, color, religion, sex, or national origin
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Coverage of Civil Rights Act of 1964, Title VII
Private employers of 15 or more employees
All educational institutions, public and private
State and local governments
Public and private employment agencies
Labor unions with 15 or more members
Joint labor/management committees for apprenticeships and training
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Other Equal Employment Laws
Requires employers to show that an employment practice is job related for the position and is consistent with business necessity
Creates provision to claim compensatory and punitive damages for the victims of intentional discrimination
The Civil Rights Act of 1991
Require taking affirmative action to compensate for historical discrimination against women, minorities, and handicapped individuals
Affirmative action: Proactive employment practices to make up for discrimination against women and minorities
Executive Orders 11246, 11375, and 11478
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Managing Affirmative Action Requirements
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Managing Racial and Ethnic Discrimination Issues
Solution - Use anonymous application procedures
Adopt policies against harassment of any type
Ethnic jokes, vulgar epithets, racial slurs, and physical actions should be categorized as harassment
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Sex/Gender Discrimination Laws
Treating maternity leave the same as other personal or medical leaves
The Pregnancy Discrimination Act (PDA)
Giving up to 12 weeks of unpaid family leave and allowing the individual to return to job
Family and Medical Leave Act (FMLA)
Paying similar wage rates for similar work without regard to gender
Differences in pay between men and women are permitted when there is a difference in seniority, performance, working conditions
The Equal Pay Act
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Pay Equity
Idea that pay for jobs requiring comparable levels of knowledge, skill, and ability should be similar, even if actual duties differ significantly
Called comparable worth
Reason for enforcement - Continued gap between the earnings of women and men
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Steps to Reduce Pay Inequities
Include all benefits that are part of pay to calculate total compensation
Ensure that people know how the pay practices work
Base pay on the value of jobs and performance
Benchmark against local and national markets to make pay structures competitive
Conduct frequent audits
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Glass Ceiling
Discriminatory practices that have prevented women and minorities from advancing to executive-level jobs
Glass walls - Limits that keep women from progressing only in certain fields
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Breaking the Glass
Establish formal mentoring programs
Provide opportunities for career rotation
Include women and individuals of color in top management
Establish clear goals for retention and progression of women and minorities
Allow for alternative work arrangements for employees
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Sexual Orientation
No federal law prohibiting discrimination on the basis of sexual orientation
18 states have passed laws to protect discrimination on the basis of sexual orientation
Sex discrimination under Title VII applies to a person’s gender at birth and not to new gender as a result of sex transformation operations
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Nepotism and Romance at Work
Nepotism: Practice of allowing relatives to work for the same employer
Workplace romance
Employer’s response influences employees’ and applicants’ perceptions of fairness
HR perspective - Risky and have great potential for causing conflict
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Sexual Harassment
Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment
Can occur:
Between a boss and a subordinate
Among coworkers
When nonemployees have business contacts with employees
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Figure 3.5 - Sexual Harassment Types
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Preventing Sexual Harassment
Establish a sexual harassment policy
Communicate the policy regularly
Train employees and managers on avoiding sexual harassment
Investigate and take action when complaints are voiced
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Disability Discrimination
Provided for equal employment opportunity for disabled workers and applicants
Rehabilitation Act
Applies to private employers, employment agencies, and labor unions with 15 or more employees
Americans with Disabilities Act - Enforced by the EEOC
Establishes a very low threshold for establishing whether an individual is disabled
Americans with Disabilities Act Amendments Act
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Disability Discrimination
Disabled person: Someone who:
Has a physical or mental impairment that substantially limits major life activities
Has a record of such an impairment
Is regarded as having such an impairment
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Disability Discrimination
Mental disabilities - Mental or psychological disorders
Employees who develop disabilities
Shift to jobs where their disabilities do not affect them much
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ADA and Job Requirements
Essential job functions: Fundamental job duties
Reasonable accommodation: Modification to a job or work environment that gives a qualified individual an equal employment opportunity to perform
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Figure 3.6 - Determining if a Job Function Is Essential
Source: Adapted from Part 1630 Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act.
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Figure 3.7 - Common Means of Reasonable Accommodation
Source: Adapted from Job Accommodation Network (http://askjan.org/index.html).
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Undue Hardship
Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities
General guidelines are provided by ADA
Determined on a case to case basis
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ADA Guidelines to Facilitate Job Accommodation
Define essential functions in advance
Handle all requests for accommodation properly
Work with the HR staff to explore various options for accommodation
Interact with the employee with good faith and documentation
Know and follow the reasonable accommodation rules
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ADA Restrictions And Medical Information
Restrictions
Prohibiting employers from rejecting individuals because of a disability
Asking job applicants any question about current or past medical history until a conditional job offer is made
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Genetic Bias Regulations
Employers use genetic screening tests to:
Make workers aware of genetic problems
Terminate employees who may make extensive use of health insurance benefits
Genetic Information Nondiscrimination Act
Limit the use of genetic information by health insurance plans
Prohibit employment discrimination on the basis of genetic information
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Age Discrimination Laws
Age Discrimination in Employment (ADEA)
Prohibits discrimination against all individuals age 40 or older working for employers having 20 or more workers
Older Workers Benefit Protection Act (OWBPA)
An amendment to the ADEA
Protects employees when they sign liability waivers for age discrimination in exchange for severance packages
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Managing Age Discrimination
Adopting age neutral selection and promotion practices
Recruiting older people to return to the workforce through the use of part-time and other attractive scheduling options
Phased retirement: Employees gradually reduce their workloads and pay level
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Religion and Spirituality in the Workplace
Hostile remarks or refusal to hire individuals from different faiths
Religious Discrimination
Hatred or fear of Muslims
Islamaphobia
Changing an employee’s job tasks
Making an exception to dress and grooming rules
Accommodations relating to payment of union dues or agency fees
Accommodating prayer, proselytizing, and other forms of religious expression
Managing Religious Diversity
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Immigration and Discrimination
Immigration Reform and Control Act (IRCA)
Requires employers to verify the employment status of all employees without any discrimination
Within the first three days of employment each employee must complete an Employment Eligibility Verification (I-9) form
Verifies the employment eligibility of employees
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Figure 3.10 - Primary Documents to Certify I-9 Compliance
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Language Issues
EEOC issued guidelines stating that employers may require workers to:
Speak only English at certain times or in certain situations, but the business necessity of the requirements must be justified
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Figure 3.11 - Uniformed Services Employment and Reemployment Rights Act (USERRA) Provisions
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Appearance and Weight Discrimination
Employers are allowed to set uniform dress codes and appearance standards
Height and weight-related job requirements must be job-related
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Diversity Training
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Mixed Results for Diversity Training
May not produce longer-term changes in people’s attitudes and behaviors toward others
Has not reduced discrimination and harassment complaints
Perceived as benefiting only women and racial minorities
Taking away opportunities for men and nonminorities
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Improving Diversity Training Efforts
Focusing on behavior
Teaching appropriate behaviors and skills in relationships with others
Dealing with diversity is not about what people can and cannot say
It is about being respectful to others
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