Personnel Management Discussion 2

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PowerPoint Presentation by Charlie Cook The University of West Alabama

Chapter 2 Equal Opportunity and the Law

Part One | Introduction

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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WHERE WE ARE NOW…

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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Every HR action you take as a manager, from interviewing applicants to training, appraising, and rewarding them, has equal employment implications. Therefore, the purpose of this chapter is to provide you with the knowledge to deal effectively with equal employment questions on the job. It contains fundamental information you will probably have to draw on every day.

The main topics we cover are equal opportunity laws enacted from 1964 to 1991, the laws from 1991 to the present, defenses against discrimination allegations, illustrative discriminatory employment practices, and the EEOC enforcement process.

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Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws.
Explain how to avoid and deal with accusations of sexual harassment at work.
Define adverse impact and explain how it is proved.
Explain and illustrate two defenses you can use in the event of discriminatory practice allegations.
Cite specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.
List the steps in the EEOC enforcement process.
Discuss why diversity management is important and how to institutionalize a diversity management program.

LEARNING OUTCOMES

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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Equal Employment Opportunity 1964–1991

Title VII of the 1964
Civil Rights Act
(EEOC)

Executive Orders
11246, 11375
OFCCP

Equal Pay Act
of 1963

Age Discrimination in Employment Act of 1967

Vocational Rehabilitation Act of 1973

Pregnancy Discrimination Act of 1978

Federal Agency Guidelines

Equal
Employment Opportunity

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Gary Dessler

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Congress and presidents avoided dramatic action on implementing equal employment until the early 1960s. At that point, civil unrest among minorities and women and changing traditions prompted them to act. Congress passed several new civil rights laws.

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Title VII of the 1964 Civil Rights Act

Employer cannot discriminate based on race, color, religion, sex, or national origin.

Applies to public and private employers with 15 or more employees.

Unlawful employment practices for an employer:

To fail or refuse to hire or to discharge an individual because of the individual’s race, color, religion, sex, or national origin.

To limit, segregate, or classify employees or applicants by their race, color, religion, sex, or national origin such that they would be deprived employment opportunities or employment status.

Equal Employment Opportunity Commission

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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Title VII of the 1964 Civil Rights Act was one of the first 1960s-era laws. As amended by the 1972 Equal Employment Opportunity Act, Title VII states that it shall be an unlawful employment practice for an employer to discriminate against individuals based on race, color, religion, sex, or national origin.

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Equal Employment Opportunity Commission (EEOC)

Established by Title VII of the 1964 Civil Rights Act.
Comprised of five members appointed by the President for five-year terms; approved by the Senate.
Administers and enforces civil rights employment law.
Issues federal guidelines for EEO procedures to be followed by employers.
Receives and investigates job discrimination complaints.

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Gary Dessler

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Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work.

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Early Court Decisions Regarding
Equal Employment Opportunity

Griggs v. Duke Power Company

Employer’s nondiscriminatory intent is irrelevant.

Burden of job-related proof on employer.

“Fair in form” practice must also be nondiscriminatory.

Business necessity is a defense for adverse impact.

Test or practice must be related to job performance.

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Gary Dessler

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Griggs was a landmark case that the Supreme Court used to define unfair discrimination in declaring that job requirements must be necessary and related to success on the job. Discrimination doesn’t have to be intentional.

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Early Court Decisions Regarding
Equal Employment Opportunity (cont’d)

Albemarle Paper Company v. Moody

If a test is used to screen candidates, then the job’s specific duties and responsibilities must be analyzed and documented.

The performance standards for the job should be clear and unambiguous.

Federal (EEOC) Guidelines on validation are to be used for validating employment practices.

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Human Resources Management 12e
Gary Dessler

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The Supreme Court’s ruling in this case requires employers to document essential job requirements, have clear performance standards, and established the EEOC (now Federal) Guidelines on validation as the procedures to be used by employers for validating employment practices.

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Equal Employment Opportunity
1990–91–present

Burden of Proof
Disparate treatment Adverse impact

Money Damages
Compensatory and punitive awards

Civil Rights Act of 1991

Mixed Motives
Motivation versus alternative factors

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Gary Dessler

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The effect of CRA 1991 was to roll back equal employment law to where it stood before the 1980s decisions. In some respects, it even placed more responsibility on employers.

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Equal Employment Opportunity
1990–91–present (cont’d)

Mental impairments

Qualified individual

Reasonable accommodation

Americans with Disabilities Act (ADA) of 1990

Employer defenses

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Gary Dessler

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The Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.

Employers must make “reasonable accommodations” for physical or mental limitations unless doing so imposes an “undue hardship” on the business.

Employees must show that they are disabled and qualified to do the job to establish that he or she has a disability that fits under the ADA.

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FIGURE 2–1 Examples of How to Provide Reasonable Accommodation

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Human Resources Management 12e
Gary Dessler

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Employer Obligations Under ADA

An employer must make a reasonable accommodation for a qualified disabled individual unless doing so would result in undue hardship.
Employers are not required to lower existing performance standards or stop using tests for a job.
Employers may ask pre-employment questions about essential job functions but can not make inquiries about disability.
Medical exams (or testing) must be job related.
Employers should review job application forms, interview procedures, and job descriptions for illegal questions and statements.
Employers should have up-to-date job descriptions that identify the current essential functions of the job.

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Gary Dessler

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Employers and ADA

Employers are not required to tolerate misconduct or erratic performance, even if the behaviors can be attributed to the disability.
Employers do not have to create a new job for the disabled worker nor reassign that person to a light-duty position for an indefinite period, unless such a position exists.
Employers should not treat employees as if they are disabled so that they will not be “regarded as” disabled and protected under the ADA.

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Human Resources Management 12e
Gary Dessler

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The “New” ADA Amendments Act of 2008 (ADAAA)

ADAA expanded the list of major life activities making it easier for an employee to show his or her disability as “limiting” in his or her ability to engage in a major life activity.
Under ADAAA, an employee is considered disabled even if he or she has been able to control his or her impairments through medical or “learned behavioral” modifications.

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Gary Dessler

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The EEOC had been interpreting the ADA’s “substantially limits” phrase very narrowly. The new ADAAA’s basic effect will be to make it much easier for employees to show that their disabilities are limiting.

The bottom line is that employers will henceforth have to redouble their efforts to make sure they’re complying with the ADA and providing reasonable accommodations.

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FIGURE 2–2 ADA Guidelines For Managers And Employers

Do not deny a job to a disabled individual if the person is qualified and able to perform the essential job functions.
Make a reasonable accommodation unless doing so would result in undue hardship.
You need not lower existing performance standards or stop using tests for a job. However, those standards or tests must be job related and uniformly applied to all employees and candidates.
Know what you can ask applicants. In general, you may not make preemployment inquiries about a person’s disability before making an offer. However, you may ask questions about the person’s ability to perform essential job functions.
Review job application forms, interview procedures, and job descriptions for illegal questions and statements about health, disabilities, medical histories, or previous workers’ compensation claims.
Itemize essential job functions in job descriptions. In ADA legal actions, a central question will be what are the essential functions of the job?
Do not allow misconduct or erratic performance (including absences and tardiness), even if that behavior is linked to the disability.

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Gary Dessler

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Figure 2-2 summarizes some important ADA guidelines for managers and employers.

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Other Employment Acts and Laws

Genetic Information Nondiscrimination Act of 2008 (GINA)

Prohibits discrimination by health insurers and the use of genetic information by employers in employment.

Prohibits the intentional acquisition of genetic information about applicants and employees.

Imposes strict confidentiality requirements.

State and Local Equal Employment Opportunity Laws

Cannot conflict with federal law but can extend coverage to additional protected groups.

The EEOC can defer a discrimination charge to state and local agencies that have comparable jurisdiction.

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Gary Dessler

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The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people’s genetic information.

In addition to federal laws, all states and many local governments prohibit employment discrimination by providing coverage for employees of firms that federal laws might otherwise miss.

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TABLE 2–1 Summary of Important Equal Employment Opportunity Actions

Action	What It Does
Title VII of 1964 Civil Rights Act, as amended	Bars discrimination because of race, color, religion, sex, or national origin; instituted EEOC.
Executive orders	Prohibit employment discrimination by employers with federal contracts of more than $10,000 (and their subcontractors); establish office of federal compliance; require affirmative action programs.
Federal agency guidelines	Indicate guidelines covering discrimination based on sex, national origin, and religion, as well as employee selection procedures; for example, require validation of tests.
Supreme Court decisions: Griggs v. Duke Power Co., Albemarle v. Moody	Rule that job requirements must be related to job success; that discrimination need not be overt to be proved; that the burden of proof is on the employer to prove the qualification is valid.
Equal Pay Act of 1963	Requires equal pay for men and women for performing similar work.
Age Discrimination in Employment Act of 1967	Prohibits discriminating against a person age 40 or over in any area of employment because of age.
State and local laws	Often cover organizations too small to be covered by federal laws.
Vocational Rehabilitation Act of 1973	Requires affirmative action to employ and promote qualified handicapped persons and prohibits discrimination against handicapped persons.

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Gary Dessler

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Table 2-1 summarizes selected equal employment opportunity laws, actions, executive orders, and agency guidelines.

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TABLE 2–1 Summary of Important Equal Employment Opportunity Actions (cont’d)

Action	What It Does
Pregnancy Discrimination Act of 1978	Prohibits discrimination in employment against pregnant women, or related conditions.
Vietnam Era Veterans’ Readjustment Assistance Act of 1974	Requires affirmative action in employment for veterans of the Vietnam war era.
Ward Cove v. Antonio	Made it more difficult to prove a case of unlawful discrimination against an employer.
Americans with Disabilities Act of 1990	Strengthens the need for most employers to make reasonable accommodations for disabled employees at work; prohibits discrimination.
Civil Rights Act of 1991	Reverses various U.S. Supreme Court decisions; places burden of proof back on employer and permits compensatory and punitive money damages for discrimination.
ADA Amendments Act of 2008	Makes it easier for employee to show that his or her disability “substantially limits" a major life function.
Genetic Information Nondiscrimination Act	Signed into law in May 2008, this prohibits discriminating against employees and applicants based on their genetic information.

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Gary Dessler

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Table 2-1 summarizes selected equal employment opportunity laws, actions, executive orders, and agency guidelines.

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Sexual Harassment

Sexual Harassment under Title VII

Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment.

Employers have an affirmative duty to maintain workplaces free of sexual harassment and intimidation.

Federal Violence Against Women Act of 1994

A person who commits a violent crime motivated by gender is liable to the party injured.

When Is the Work Environment “Hostile”?

How frequent and/or severe was the discriminatory conduct?

Was it physically threatening, humiliating, or offensive?

Did it unreasonably interfere with the employee’s work?

Did the employee perceive the environment as hostile?

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Sexual harassment violates Title VII. Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment.

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What Is Sexual Harassment?

EEOC guidelines define sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place under any of the following conditions:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

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EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace.

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Proving Sexual Harassment

Quid Pro Quo

Hostile Environment Created by Supervisors

Conditions Proving Sexual Harassment

Hostile Environment Created by
Coworkers or Nonemployees

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Quid Pro Quo. The most direct is to prove that rejecting a supervisor’s advances adversely affected what the EEOC calls a “tangible employment action” such as hiring, firing, promotion, demotion, and/or work assignment.

Hostile Environment Created by Supervisors. Harassment does not have to have tangible consequences to prove sexual harassment.

Hostile Environment Created by Coworkers or Nonemployees. Questionable behavior of others can create a hostile environment.

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Sexual Harassment: Court Decisions

Meritor Savings Bank,
FSB v. Vinson

Burlington Industries v. Ellerth

Sexual Harassment Decisions

Faragher v.
City of Boca Raton

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Gary Dessler

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The U.S. Supreme Court used a case called Meritor Savings Bank, FSB v. Vinson to endorse broadly the EEOC’s guidelines on sexual harassment. Two other Supreme Court decisions further clarified quid pro quo and an employer’s duty to exercise reasonable care to prevent sexual harassment.

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FIGURE 2–3 HR in Practice: What Employers Should Do to Minimize Liability in Sexual Harassment Claims

Take all complaints about harassment seriously.
Encourage the victim to inform the harasser directly that the conduct is unwelcome and must stop, and to use any employer complaint mechanism available.
Issue a strong policy statement condemning such behavior. It should clearly describe the prohibited conduct, assure protection against retaliation, describe a complaint process that provides confidentiality, and provide accessible avenues of complaint and prompt, thorough, impartial investigation and corrective action.
Inform all employees about the policy and of their rights under the policy.
Take steps to prevent sexual harassment from occurring. For example, communicate to employees that the employer will not tolerate sexual harassment, and take immediate action when someone complains.
Establish a management response system that includes an immediate reaction and investigation.
Train supervisors and managers to increase their awareness of the issues.
Discipline managers and employees involved in sexual harassment.
Keep thorough records of complaints, investigations, and actions taken.
Conduct exit interviews that uncover any complaints and that acknowledge by signature the reasons for leaving.
Re-publish the sexual harassment policy periodically.
Encourage upward communication, for instance, through periodic written attitude surveys.
Do not retaliate against someone who files a harassment (or other EEO) complaint.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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Figure 2-3 summarizes the steps prudent employers should take (such as issuing a strong policy statement) to show they did take reasonable care to minimize their liability in sexual harassment claims.

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FIGURE 2–4 Online form to facilitate filing report of harassment.

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Human Resources Management 12e
Gary Dessler

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FIGURE 2–4 Online form to facilitate filing report of harassment. (cont’d)

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Human Resources Management 12e
Gary Dessler

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Discrimination Allegation Defenses

Disparate Treatment

Is intentional discrimination (different treatment) against protected minority group members because of their minority status characteristic.

Disparate Impact

Is the result of an employment practice or policy that has a greater adverse impact (effect) on a protected group under Title VII than on other employees, regardless of intent.

Adverse Impact

Is the result of a neutral employment practice that creates an adverse impact—a significant disparity—between the proportion of a protected class and the proportion of the majority class hired from the available labor pool.

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Discrimination law distinguishes between disparate treatment and disparate impact. Disparate impact claims do not require proof of discriminatory intent.

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Adverse Impact

Disparate rejection rates

Restricted
policy

Population comparisons

Showing Adverse Impact

McDonald-Douglas test

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Showing adverse impact plays a central role in discriminatory practice allegations. Employers may not institute an employment practice that causes a disparate impact on a particular class of people unless they can show that the practice is job related and necessary.

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Showing Disparate Treatment

McDonnell-Douglas Test for Prima Facie Case

The person applied and was qualified for the job.

The person belongs to a protected class.

The person was rejected despite qualification.

The employer continued seeking applications.

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Human Resources Management 12e
Gary Dessler

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Lawyers in disparate impact cases use approaches 1 through 3 to test whether an employer’s policies or actions have the effect of unintentionally screening out disproportionate numbers of women or minorities. Lawyers use the McDonnell-Douglas test for showing (intentional) disparate treatment, rather than (unintentional) disparate impact.

The employer must articulate a legitimate nondiscriminatory reason for its action, and produce evidence but not prove that it acted based on such a reason. If it meets this relatively easy standard, the plaintiff then has the burden of proving that the employer’s articulated reason is merely a pretext for engaging in unlawful discrimination.

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Bona Fide Occupational Qualification

Age

Religion

Gender

Bona Fide Occupational Qualification (BFOQ)

National origin

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An employer can claim that the employment practice is a bona fide occupational qualification (BFOQ) for performing the job and reasonably necessary to the normal operation of the business or enterprise.

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Business Necessity

“Business Necessity”

A defense requiring employers to show that there is an overriding business purpose (i.e., “irresistible demand”) for a discriminatory practice.

Spurlock v. United Airlines

Validity

The degree to which the test or other employment practice is related to or predicts performance on the job can serve as a business necessity defense.

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“Business necessity” is a defense created by the courts. It requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable.

Validity means the degree to which the test or other employment practice is related to or predicts performance on the job.

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Other Considerations in
Discriminatory Practice Defenses

Good intentions are no excuse.

Employers cannot hide behind collective bargaining agreements—equal opportunity laws override union contract agreements.

Firms should react by agreeing to eliminate an illegal practice and (when required) by compensating the people discriminated against.

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Discriminatory Employment Practices

Selection

Educational requirements

Tests

Preference to relatives

Height, weight, and physical characteristics

Arrest records

Application forms

Discharge due to garnishment

Recruitment

Word of mouth

Misleading information

Help wanted ads

Personal Appearance

Dress

Hair

Uniforms

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Gary Dessler

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Federal laws like Title VII don’t expressly ban preemployment questions about an applicant’s race, color, religion, sex, or national origin but consider their potential discriminatory impact on the employer’s hiring decision.

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The EEOC Enforcement Process

EEOC Claim and Enforcement Process

Charge acceptance

File charge

Service of notice of charge

Investigation/fact-finding

Declaration of cause/no cause

Offer of conciliation

Notice to sue

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Gary Dessler

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All managers should have a working knowledge of the following EEOC claim and enforcement process.

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FIGURE 2–5
The EEOC
Charge-Filing
Process

Applicant or employee
files charge

EEOC advises employer of charge and if mediation is an option

Successful
mediation

Unsuccessful mediation

EEOC may ask employer to submit statement of position of employer’s side of story

EEOC may ask employer to respond to request for information (personnel files, etc.)

EEOC may ask employer to permit onsite visit by EEOC and to provide information for witness interview

EEOC completes
investigation

Finds no reasonable cause

Finds
reasonable cause

Issues charging party Dismissal and
Notice of Rights

Charging party may file lawsuit in Federal Court within 90 days

Issues
Letter of Determination

Offers parties conciliation

Conciliation
fails

Conciliation successful

EEOC may litigate in Federal Court within 180 days
of charge

EEOC may decide not to litigate

Sends charging party
notice of Right to Sue

Party may sue within 90 days

Note: Parties may settle at any time.

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Human Resources Management 12e
Gary Dessler

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Figure 2-5 provides an overview of the EEOC claim and enforcement process.

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FIGURE 2–6 Questions to Ask When an Employer Receives
Notice That EEOC Has Filed a Bias Claim

Exactly what is the charge and is your company covered by the relevant statutes?
What protected group does the employee belong to? Is the EEOC claiming disparate impact or disparate treatment?
Are there any obvious bases upon which you can challenge and/or rebut the claim?
If it is a sexual harassment claim, are there offensive comments, calendars, posters, screensavers, and so on, on display in the company?
Who are the supervisors who actually took the allegedly discriminatory actions and how effective will they be as potential witnesses?

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Human Resources Management 12e
Gary Dessler

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Figure 2-6 summarizes important questions an employer should ask after receiving a bias complaint from the EEOC.

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FIGURE 2–7 Management Guidelines for Addressing EEOC Claims

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Gary Dessler

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Figure 2-7 sums up guidelines employers should follow in addressing EEOC claims.

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Addressing EEOC Claims

During the EEO Investigation

Limit information supplied to EEOC

Conduct own investigation to get facts

Meet with employee

Be aware of limits of EEOC authority

Give EEOC a documented position statement

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Human Resources Management 12e
Gary Dessler

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This slide summarizes important actions an employer should take in handling a bias complaint from the EEOC.

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Addressing EEOC Claims (cont’d)

During the Fact-Finding Conference:

Employer’s attorney

Official records

Information

Witnesses

During EEOC Determination and Attempted Conciliation:

Conciliate prudently

Review carefully

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Human Resources Management 12e
Gary Dessler

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This slide summarizes important actions an employer should take in handling a bias complaint from the EEOC.

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Mandatory Arbitration
of Discrimination Claims

Gilmer v. Interstate/Johnson Lane Corp.

Employers can compel employees to agree to mandatory arbitration of employment-related disputes.

Recommendations

Request party be compelled to arbitrate claim.

Insert arbitration clause in employment
applications and employee handbooks.

Protect arbitration process from appeal.

Alternative Dispute Resolution (ADR)

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Human Resources Management 12e
Gary Dessler

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Many employers, to avoid EEO litigation, require applicants and employees to agree to arbitrate such claims. The U.S. Supreme Court’s decisions make it clear that employment discrimination plaintiffs [employees] may be compelled to arbitrate their claims under some circumstances.

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Diversity, Equal Employment Opportunity, and Affirmative Action

Diversity

the variety or multiplicity of demographic features that characterize a company’s workforce, particularly in terms of race, sex, culture, national origin, handicap, age, and religion.

Equal Employment Opportunity

Aims, through legal compliance, to ensure that anyone, regardless of race, color, disability, sex, religion, national origin, or age, has an equal opportunity based on his or her qualifications.

Affirmative Action

Employers take actions, to comply legally or voluntarily, in the recruitment, hiring, promotion, and compensation of protected classes to eliminate the current effects of past discrimination.

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Human Resources Management 12e
Gary Dessler

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As the Wall Street Journal put it: “As companies do more and more business around the world, diversity isn’t simply a matter of doing what is fair or good public relations. It’s a business imperative.”

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Managing Diversity

Steps in a Diversity Management Program

Assess the situation

Provide strong leadership

Provide diversity training and education

Change culture and management systems

Evaluate the diversity management program

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Human Resources Management 12e
Gary Dessler

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Managing diversity means maximizing diversity’s potential benefits (greater cultural awareness, and broader language skills, for instance) while minimizing the potential barriers (such as prejudices and bias) that can undermine the company’s performance.

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Is the Diversity Initiative Effective?

Are there women and minorities reporting directly to senior managers?
Do women and minorities have a fair share of job assignments that are stepping stones to successful careers in the company?
Do women and minorities have equal access to international assignments?
Are female and minority candidates in the company’s career development pipeline?
Are turnover rates for female and minority managers the same or lower than those for white male managers?

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Human Resources Management 12e
Gary Dessler

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How can one tell if the diversity initiatives are effective? These are some common-sense questions to ask.

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FIGURE 2–8 Strategies That Overcome Barriers to Inclusion

At the Personal Level
Inclusive Strategies	Barriers to Inclusion
Become aware of prejudice and other barriers to valuing diversity Learn about other cultures and groups Serve as an example, walk the talk Participate in managing diversity	Stereotypes, prejudices Past experiences and influences Stereotyped expectations and perceptions Feelings that tend to separate, divide
At the Interpersonal Level
Inclusive Strategies	Barriers to Inclusion
Facilitate communication and interactions in ways that value diversity Encourage participation Share your perspective Facilitate unique contributions Resolve conflicts in ways that value diversity Accept responsibility for developing common ground	Cultural differences Group differences Myths Relationship patterns based on exclusion

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Human Resources Management 12e
Gary Dessler

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Figure 2-8 illustrates strategies for overcoming barriers to inclusion, such as learning about other cultures and helping all employees to better understand the causes of prejudice.

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FIGURE 2–8 Strategies That Overcome Barriers to Inclusion (cont’d)

At the Organizational Level
Inclusive Strategies	Barriers to Inclusion
All employees have access to networks and focus groups All employees take a proactive role in managing diversity and creating a more diverse workplace culture All employees are included in the inner circle that contributes to the bottom-line success of the company All employees give feedback to management All employees are encouraged to contribute to change	Individuals who get away with discriminating and excluding A culture that values or allows exclusion Work structures, policies, and practices that discriminate and exclude

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Human Resources Management 12e
Gary Dessler

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Figure 2-8 illustrates strategies for overcoming barriers to inclusion, such as learning about other cultures and helping all employees to better understand the causes of prejudice.

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Designing an Affirmative Action Program

Good Faith Effort Strategy

Eliminating the present effects of past practices
that excluded or underutilized protected groups

Identification through numerical analysis

Proactive elimination of employment barriers

Increased minority or female applicant flow

Increasing Employee Support for Affirmative Action

Transparent selection procedures

Communication detailing non-preferential hiring standards

Justifications for redressing past discrimination, increasing diversity, and resolving underrepresentation

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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Under guidelines such as EO 11246, the key aims of affirmative action programs are outlined in this slide. Many employers pursue these aims with a good faith effort strategy; this emphasizes identifying and eliminating the obstacles to hiring and promoting women and minorities, and increasing the minority or female applicant flow.

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FIGURE 2–9 Steps in an Affirmative Action Program

Issue a written equal employment policy indicating that firm is an equal employment opportunity employer and the employer’s commitment to affirmative action.
Demonstrate top-management support for the equal employment policy—for instance, appoint a high-ranking EEO administrator.
Publicize internally and externally the equal employment policy and affirmative
action commitment.
Survey current minority and female employment by department and job classification to determine where affirmative action programs are especially desirable.
Carefully analyze employer human resources practices to identify and eliminate hidden barriers.
Review, develop, and implement specific HR programs to improve female and minority utilization.
Use focused recruitment to find qualified applicants from the target group(s).
Establish an internal audit and reporting system to monitor and evaluate progress.
Develop support for the affirmative action program, inside the company and
in the community.

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Human Resources Management 12e
Gary Dessler

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Reasonable steps to take in establishing an effective affirmative action program are listed in Figure 2-9.

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Reverse Discrimination

Reverse Discrimination

Discriminate against non-minority applicants and employees by protected-class quota-based systems.

Bakke v. Regents of the University of California

Race cannot be the sole deciding factor in admission decisions.

Ricci v. DeStefano

Valid test results cannot be ignored solely because higher scoring candidates are members of the majority group.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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As the U.S. workforce becomes increasingly diverse, courts have been grappling with the use of quotas (or defacto quotas) in hiring, and particularly with claims of reverse discrimination (discriminating against nonminority applicants and employees). Many cases have addressed these issues, but until recently, few consistent answers emerged.

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K E Y T E R M S

Title VII of the 1964 Civil Rights Act

Equal Employment Opportunity Commission (EEOC)

affirmative action

Office of Federal Contract Compliance Programs (OFCCP)

Equal Pay Act of 1963

Age Discrimination in Employment Act
of 1967 (ADEA)

Vocational Rehabilitation Act of 1973

Pregnancy Discrimination Act (PDA)

uniform guidelines

protected class

Civil Rights Act of 1991 (CRA 1991)

mixed motive case

Americans with Disabilities Act (ADA)

sexual harassment

Federal Violence Against Women Act of 1994

adverse impact

disparate rejection rates

4/5ths rule

restricted policy

bona fide occupational qualification (BFOQ)

alternative dispute resolution or ADR program

diversity

managing diversity

good faith effort strategy

reverse discrimination

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

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