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Diversity in Organizations, 5e

Chapter 3: Legislation

Bell | Leopold, Diversity in Organizations, 5th Edition. © 2025 Cengage Learning, Inc. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Introduction

Laws encourage and are necessary, but not sufficient, to bring about diversity and inclusion

Adherence to laws is important, although most aggrieved people do not sue

Also important to understand the costs of excluding qualified applicants, engaging in constructive discharge, or other discriminatory practices

Constructive discharge: Making work so unbearable that people feel compelled to resign

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Historical Background

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Rationale Behind Specific Diversity-Related Legislation

Legislation relevant to diversity in organizations resulted from overt social and employment discrimination against:

Women and racial and ethnic minorities

Non-dominant religious group members

Older workers

People with disabilities

Discrimination prevented people from obtaining employment or subjected them to unfair treatment at work

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Major Federal Acts Related to Diversity in Organizations

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Coverage Under Title VII of the Civil Rights Act of 1964

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Title VII of the Civil Rights Act of 1964

Prohibits employment discrimination on the basis of race, color, religion, sex, and national origin; every person is covered in some way

Disparate treatment: Employee is treated differently because of membership in a protected class

Disparate/adverse impact: Occurs when an apparently neutral employment practice has a negative effect on the employment of people belonging to protected classes

Supreme Court in 2020 ruled that discrimination based on sexual orientation and gender identity is covered under Title VII’s prohibition based on sex

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Title VII: Disparate Impact

Apparently neutral discriminatory policy affecting those who possess criminal convictions

Caused the “ban the box” movement

Programs to assist employers include:

EEOC enforcement guidelines

Federal bonding program: Measure taken by the U.S. Department of Labor to guarantee the job honesty of at-risk job seekers

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Exceptions to Title VII

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Title VII: Definitions

Harassment: Bothering, tormenting, troubling, and/or ridiculing a person because of their race, color, religion, sex, sexual orientation, gender identity, pregnancy, national origin, age, disability, or genetic information

Retaliation: Firing, demoting, harassing, or otherwise penalizing an individual who complains about discrimination, participates in a discrimination proceeding, or otherwise opposes discrimination

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The Equal Employment Opportunity Commission (EEOC) (1 of 2)

Promotes equality of opportunity in the workplace and enforces federal laws that prohibit discriminatory practices

Investigates complaints of discrimination

Conciliates when complaints are deemed meritorious

Litigates when efforts to resolve complaints through conciliation are unsuccessful

Issues guidelines to assist employers in interpreting and complying with laws

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The Equal Employment Opportunity Commission (EEOC) (2 of 2)

Since 2000, the EEOC has received between 68,000 and 100,000 charges each year

60% to 70% of charges are typically deemed to have no reasonable cause

Means the EEOC makes no decision about the merits of claims

Charging party may bring private court action

Fewer cases result in merit resolutions

Outcomes favorable to charging parties

$200 million to $300 million recovered for plaintiffs each year in these cases

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Areas of Discrimination: Age

The Age Discrimination in Employment Act (ADEA) of 1967

Prohibits employment-related discrimination against persons who are age 40 and older

Prohibits:

Age-based harassment

Retaliation for filing a claim of discrimination

Employment decisions based on stereotypes about an individual's ability based on older age

Does not protect those under the age of 40 who may also experience discrimination; some cities, states, and other countries prohibit such discrimination

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Area of Discrimination: Disability (1 of 2)

Rehabilitation Act of 1973

Americans with Disabilities Act of 1990

Employers with 15 or more employees, employment agencies, labor unions, and state and local governments are prohibited from discriminating against persons with disabilities

Applicants must:

Have a record of physical or mental impairment that substantially limits major life activities

Be qualified to perform the essential functions of the job in question with or without a reasonable accommodation

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Area of Discrimination: Disability (2 of 2)

Reasonable accommodation: Changes to allow person to perform the job without undue hardship to the employer

Undue hardship: Accommodations would be too difficult or expensive for employer, given size, finances, and needs

About 20% of charges with EEOC were resolved with merit, with recovery of more than $110 million for plaintiffs

ADA Amendments Act of 2008: Emphasized that disabilities should be construed broadly

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Areas of Discrimination: Equal Pay/Compensation

The Equal Pay Act of 1963

Addresses pay inequities between men and women; requires equal pay for equal work

Equivalence is hard when jobs are sex segregated

Gender role socialization: Process by which social institutions form expectations of acceptable behaviors and jobs for men and women

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Lilly Ledbetter Fair Pay Act of 2009

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Quotable:

“Despite important strides in historically male-dominated industries like heavy manufacturing, women continue to fight for equal treatment and against outmoded stereotypes about women’s role in the workplace.”

Debra Lawrence, EEOC regional attorney

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Areas of Discrimination: Genetic Information

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Areas of Discrimination: Race, Color, and National Origin (1 of 2)

Race discrimination: Treating someone unfavorably because they are of a certain race or because of personal characteristics associated with race

Color discrimination: Treating someone unfavorably because of their skin color

National origin discrimination: Treating someone unfavorably because they are from a particular country or appear to be of a certain ethnic background

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Areas of Discrimination: Race, Color, and National Origin (2 of 2)

Associational discrimination: Treating someone unfavorably because they are married to person of a certain race, color, or national origin

Racial or ethnic harassment: Threatening or exclusionary behavior that has a racial or ethnic component, is directed at an individual because of their race or ethnicity, and creates a work environment infused with racial or ethnic bias

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Areas of Discrimination: Religion

Religious discrimination: Treating someone unfavorably because of their religious beliefs or lack thereof

2022 saw significant increases in religious discrimination claims due to some employees’ resistance to the COVID-19 vaccine requirements

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Areas of Discrimination: Sex/Gender

Sex discrimination: Treating someone unfavorably because of their sex, sexual orientation, gender identity, or pregnancy

Title VII has been very beneficial to working women

Although men who experience sex discrimination are also covered by Title VII, it is women, as non-dominant group members, who remain the primary targets of such discrimination

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Areas of Discrimination: Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that:

Explicitly or implicitly interfere with a person’s employment

Unreasonably interfere with an individual’s work performance

Create an intimidating, hostile, or offensive work environment

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Forms of Sexual Harassment

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Prevention of Sexual Harassment

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Areas of Discrimination: Pregnancy

Pregnancy Discrimination Act (PDA) of 1978

Prohibits discrimination in hiring, leave, health insurance, and fringe benefits

Does not require employers to provide benefits for pregnancy and related conditions

Pregnant Workers Fairness Act (PWFA) of 2023

Requires covered employers to provide reasonable accommodations

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Areas of Discrimination: Sexual Orientation and Gender Identity

In 2020, Supreme Court ruled that Title VII’s protections from discrimination on the basis of sex also include those who are lesbian, gay, and transgender

The EEOC has the position that employers may not deny access to a bathroom that corresponds to an employee’s gender identity

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Supreme Court Quotable:

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex … An employer who fires an individual for being gay or transgender defies the law.”

Justice Neil Gorsuch

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Affirmative Action: Executive Orders (EO) 11246 and 11375

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Affirmative Action in Employment

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Other Beneficiaries of AAP

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The Family and Medical Leave Act (FMLA) of 1993

Requires employers having at least 50 employees for 20 weeks to grant eligible employees unpaid leave for 12 weeks per year to care for personal or family medical needs

Birth and care of a newborn child

Adoption or foster child placement

Care for a seriously ill spouse, child, or parent

Personal serious health condition

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Relevant State, Local, and City Ordinances and Future Federal Acts

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Relevant State, Local, and City Ordinances and Future Federal Acts

Where no federal acts prohibit discrimination, other ordinances may, and many times, state and local fair employment practices are more stringent than federal laws

These include specific ordinances that prohibit employment-related discrimination based on weight or appearance, such as Michigan’s Elliott Larsen Civil Rights Act

The CROWN Act prohibits discrimination on the basis of natural hairstyles

Some state and local governments prohibit any age discrimination

It is important for managers to be aware of laws in their location, especially when the organization has multiple sites of operation

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Caste Systems and AI

In 2023, Seattle, Washington, became the first city to add caste to their anti-discrimination laws

Caste system is social hierarchy in India that oppresses those born into the lower classes

Due to proliferation of artificial intelligence (AI), the EEOC provides guidelines and other resources to help employers avoid discrimination and bias

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Diversity in the Judiciary and Its Effects on Judicial Decisions

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Diversity and the Judiciary

Most federal and state judges are White

In racial harassment cases:

White and Black judges ruled against plaintiffs in 79% and 54% of cases, respectively

White judges may be less able to identify with and find plaintiffs’ complaints plausible

In sex-discrimination cases, female judges are more likely than male judges to rule for plaintiffs

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Key Terms (1 of 2)

Age discrimination

Associational discrimination

Color discrimination

Constructive discharge

Disability discrimination

Disparate impact

Disparate treatment

Gender role socialization

Genetic information

Harassment

Hostile environment harassment

Merit resolutions

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Key Terms (2 of 2)

National origin discrimination

No reasonable cause

Punitive damages

Quid pro quo harassment

Race discrimination

Racial or ethnic harassment

Reasonable accommodation

Religious discrimination

Retaliation

Sex discrimination

Sexual harassment

Sexual orientation and gender identity discrimination

Undue hardship

Utilization analysis

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management discussion

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