A Framework for Human Resource
Management,
4th ed.
Gary Dessler
2006 Prentice Hall
Managing Equal Opportunity
and Diversity
Ch 2
2006 Prentice Hall
When you finish studying this chapter, you should be
able to:
Summarize the basic equal employment opportunity
laws regarding age, race, sex, national origin, religion,
and handicap discrimination.
Explain the basic defenses against discrimination
allegations.
Present a summary of what employers can and cannot
do with respect to illegal recruitment, selection, and
promotion and layoff practices.
Explain the Equal Employment Opportunity
Commission enforcement process.
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Selected Equal Employment
Opportunity Laws
Fifth Amendment
states that no person shall . . . be
deprived of life, liberty, or property,
without due process of the law.
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The Equal Pay Act of 1963
Cannot
discriminate in
pay on the basis
of sex
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Title VII of the 1964 Civil Rights
Act
An employer cannot discriminate based
on race, color, religion, sex, or national
origin
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Equal Employment Opportunity
Commission (EEOC)
Enhanced the federal governments
ability to enforce equal employment
opportunity laws
Receives and investigates job
discrimination complaints from
aggrieved individuals
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Executive Orders
Executive Orders
11246 and 11375
Require that
contractors take
affirmative action to
ensure equal
employment
opportunity
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Age Discrimination in
Employment Act
Makes it unlawful to discriminate
against employees or applicants for
employment who are 40 years of age
or older
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Vocational Rehabilitation Act
Requires employers with federal
contracts over $2,500 to take
affirmative action for the employment
of handicapped persons
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Pregnancy Discrimination Act
Broadened the definition of sex
discrimination to encompass
pregnancy, childbirth, or related
medical conditions
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Federal Agency Guidelines
Specify procedures federal agencies
recommend employers follow in
complying with the equal opportunity
laws
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Sexual Harassment
Conduct that has the purpose of
substantially interfering with a
persons work performance or creating
an intimidating, hostile, or offensive
work environment
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Sexual Harassment
Employers have a duty to maintain
workplaces free of sexual harassment
and intimidation
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Proving Sexual Harassment
Quid Pro Quo
Hostile environment created by
supervisors
Hostile environment created by coworkers
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Court Decisions
Burlington Industries v. Ellerth
Faragher v. City of Boca Raton
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What the Manager/Employer
Should Do
(1) Should take steps to ensure
harassment does not take place
(2) Should take immediate corrective
action
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What the Employee Can Do
File a verbal complaint or protest with
the harasser and the harassers boss
Write a letter to the accused
File claim with EEOC
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Selected Court Decisions
Regarding Equal Employment
Opportunity
Griggs v. Duke Power Company
Albemarle Paper Company v. Moody
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Civil Rights Act of 1991 (CRA
1991)
CRA 1991 addressed the issue of burden of
proof
Makes it easier to sue for money damages in
certain cases
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Americans with Disabilities
Act (ADA)
Prohibits employers from
discriminating against qualified
disabled individuals
Employers must make reasonable
accommodations
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Reasonable Accommodation
Redesigning the job
Modifying work
schedules
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Modifying or
acquiring equipment
to assist the person
in performing the job
Implications for Managers
May not make pre-employment
inquiries about a persons disability
Should review job application forms,
interview procedures, and job
descriptions
Must make a reasonable
accommodation
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Practical Implications for ADA
Disabilities will be defined quite
narrowly
Employers do not need to allow
misconduct
Employer does not have to create a
new job
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State and Local EEO Laws
Effect is to further restrict employers
regarding their treatment of job
applicants and employees
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Adverse impact
Total employment process that
results in a significantly higher
percentage of a protected group
being rejected for employment,
placement, or promotion
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Disparate impact
Employer engages in an employment
practice or policy that has a greater
adverse impact (effect) on the
members of a protected group
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Disparate Treatment
Intentional discrimination
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Employer Defenses
Bona Fide Occupational
Qualification
Business Necessity
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Recruitment Practices to Watch
Word of Mouth
Misleading Information
Help Wanted Ads
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Selection Standards
Educational Requirements
Tests
Preferences to Relatives
Physical Characteristics
Health Questions
Arrest Records
Application Forms
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EEOC Enforcement Process
Processing a Charge
Charge must be filed in writing
within 180 days
EEOC has 10 days to serve notice
EEOC determines reasonable cause
within 120 days
EEOC attempts to conciliate
EEOC may bring civil suit in federal
court
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Voluntary Mediation Mechanism
3 responses
1. Agree to mediate charge
2. Make a settlement offer
3. Prepare a position statement
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Responding to
Discrimination Charges
Be methodical
Investigators arent judges
Meet with employee who made
complaint
Give the EEOC a position statement
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Responding to
Discrimination Charges
Ensure there is information
demonstrating lack of merit
Limit information to only those issues
in the charge itself
Seek as much information as possible
Prepare for the EEOCs fact-finding
conference
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Managing Diversity
Maximizing diversitys potential
advantages while minimizing the
potential barriers
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Diversity Management Program
Provide strong leadership
Assess the situation
Provide diversity training
Change culture and management
systems
Evaluate the program
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Affirmative Action
Requires the employer to make
an extra effort to hire and promote
those in a protected group
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Suggested Affirmative Action
Program
1.
2.
3.
4.
5.
Issue a written equal employment policy
Appoint a top official
Publicize policy
Survey present minority and female
employment
Develop goals and timetables
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Suggested Affirmative Action
Program
6.
7.
8.
Develop and implement specific
programs to achieve goals
Develop support of in-house and
community programs
Establish an internal audit and reporting
system
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Sample Metrics for HRIS
EEOC claims per year
Cost of HR-related litigation
Percent of minority promotions
Survival/loss rate
among employee
groups
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