WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

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WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY
AND AFFIRMATIVE ACTION
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Diversity and Diversity Management

• Diversity any perceived difference among
  people age, race, religion, functional
  specialty, profession, sexual orientation,
  geographic origin, lifestyle, tenure with the
  organization, or position, and any other
  perceived difference.

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Diversity Management

• Ensuring that factors are in place to provide
  for and encourage the continued development of a
  diverse workforce by melding these actual and
  perceived differences among workers to achieve
  maximum productivity

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Managing the Diverse WorkforceVarious Components

• Persons with Disabilities
• Immigrants
• Young Persons with Limited Education/Skills
• Educational Level of Employees

• Single Parents Working Mothers
• Women in Business
• Dual Career Families
• Workers of Color
• Older Workers

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• Equal Employment Opportunity And Affirmative
  Action

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Equal Employment Opportunity An Overview

• EEO has been modified since passage of the Civil
  Rights Act in 1964.
• Congress has passed other legislation.
• Major Supreme Court decisions interpreting the
  provisions were handed down.
• Executive orders were signed into law.

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U.S. Legal System

• Executive branch President and regulatory
  agencies
• Legislative branch House of Representatives and
  Senate
• Judicial branch federal courts

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Discrimination

• Giving unfair advantage or disadvantage of
  members of one group over members of another group

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Laws Affecting Equal Employment Opportunity
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Civil Rights Act of 1866

• Oldest federal legislation affecting staffing
• Based on the Thirteenth Amendment
• No statute of limitations
• Employment is a contractual arrangement

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Title VII of the Civil Rights Act of 1964 --
Amended 1972

• Greatest impact on human resource management
• Illegal for an employer to discriminate
• Fifteen or more employees
• Exceptions to Title VII
• Persons not covered by Title VII
• Created the Equal Employment Opportunity
  Commission (EEOC)

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Illegal for an Employer to Discriminate

• Race
• Color
• Sex
• Religion
• National origin

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Exceptions to Title VII

• Bona fide occupational qualifications (BFOQs)
• Seniority and merit systems
• Testing and educational requirements

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Persons Not Covered by Title VII

• Aliens not authorized to work in the United
  States
• Members of the Communist party
• Homosexuals

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Sexual Harassment and Title VII

• Quid pro quo benefit or punishment is
  contingent on submitting to sexual advances
• Hostile work environment behavior in workplace
  makes it difficult for someone of a particular
  sex to work

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Age Discrimination in Employment Act Of
1967--amended In 1978 1986

• Illegal to discriminate against anyone 40 years
  or older
• Administered by EEOC
• Pertains to employers who have 20 or more
  employees
• Provides for a trial by jury
• Possible criminal penalty
• Older Workers Benefit Protection Act (OWBPA)

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Pregnancy Discrimination Act of 1978

• Amendment to Title VII of the Civil Rights Act
• Pregnancy, childbirth, or related medical
  condition
• Benefits area also covered

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Immigration Act of 1990

• Revised U.S. policy on legal immigration
• Increased levels of immigration

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Illegal Immigration Reform and Immigrant
Responsibility Act of 1996

• Severe limitations for violation of visas
• Three year ban
• Ten year ban

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Americans with Disabilities Act (ADA)

• Prohibits discrimination against qualified
  individuals with disabilities
• Prohibits discrimination in all employment
  practices

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Individual with a Disability

• A person who has, or is regarded as having, a
  physical or mental impairment
• Substantially limits one or more major life
  activities
• A record of such an impairment
• Regarded as having such an impairment

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Civil Rights Act of 1991

• Provide appropriate remedies for intentional
  discrimination and unlawful harassment
• Codify the concepts of business necessity and job
  related
• Confirm authority and guidelines for finding of
  disparate impacts under Title VII
• Respond to recent Supreme Court decisions

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Types of discrimination and how to file suit

• Disparate treatment intentional
• Plaintiff must show is member of protected group,
  applied for and qualified for job, rejected,
  position remained open or was filled by person
  with similar qualifications
• Defendant must produce nondiscriminatory reason
  for rejection
• BFOQ

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Types of discrimination and how to file suit

• Disparate impact facially neutral device leads
  to unintended advantage for one group
• Plaintiff must show questionable employment
  practice disproportionately affects protected
  group relative to majority group
• 4/5s rule 80 selection rate
• Standard deviation rule
• Defendant must show employment practice is
  business necessity

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Glass Ceiling

• Invisible barrier in organizations that
  prevents many women and minorities from achieving
  top-level management positions

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Family Medical Leave Act (1993)

• Up to 12 weeks unpaid leave after
• Birth or adoption of child
• Care for seriously ill family member or self
• 50 or more employees
• Provide same or similar job upon return
• Paid health care during leave

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Significant U.S. Supreme Court Decisions

• Griggs v Duke Power Company job-related
  business practice
• Albermarle Paper Company v Moody tests must be
  validated
• Phillips v Martin Marietta Corporation no
  women-only standards

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Enforcement of EEO

• EEOC
• OFCCP

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Equal Employment Opportunity Commission (EEOC)

• Title VII of the Civil Rights Act, as amended,
  created the EEOC
• 3 responsibilities
• Investigate and resolve
• Gather information (EEO1- forms)
• Issue guidelines

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Steps in Handling a Discrimination Case
Charge Filed
Attempt at a No-Fault Settlement
Investigation by the EEOC
Attempt at Conciliation
Review Case for Litigation
Recommendation
Recommendation Against Litigation Right to Sue
Notice Issued to Charging Party
Recommendation for Litigation EEOC Initiates
Action
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Exceptions to Title VII Coverage

• Religious institutions, with respect to
  employment of persons of a specific religion in
  any of the institutions activities
• Aliens
• Member of the Communist Party

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Uniform Guidelines on Employee Selection
Procedures

• Assists employers, labor organizations,
  employment agencies, and licensing and
  certification boards in complying with federal
  prohibitions against employment practices that
  discriminate on basis of race, color, religion,
  gender, and national origin.

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Adopted By

• EEOC
• Civil Service Commission
• Department of Justice
• Department of Labor

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Additional Guidelines

• Interpretative Guidelines on Sexual Harassment
• Guidelines on Discrimination Because of National
  Origin
• Guidelines on Discrimination Because of Religion

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Affirmative Action Programs

• An approach developed by organizations with
  government contracts to demonstrate that workers
  are employed in proportion to their
  representation in the firm's relevant labor market

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Legal status of affirmative action

• U.S. Forestworkers v. Weber
• Voluntary plan must fix old patters of
  discrimination and be temporary
• Johnson v. Santa Clara Transport Agency
• Affirmative action plan should address manifest
  imbalance in employment practices
• 2003 Michigan State cases
• Race may be used as admission consideration
  sometimes