Understanding Equal Employment Opportunity

1
Chapter 12

• Understanding Equal Employment Opportunity

2
What Are Protected Groups?

• Protected groups are classifications of people
  who are specifically protected from
  discrimination in the workplace
• These classifications include race, color,
  gender, age, religion, national origin, and
  mental and physical handicaps
• It is no longer legal to use most non-job related
  factors for making decisions affecting people in
  organizations

3
Effects of Discrimination

• Examining the human resources makeup of most
  large organizations generally shows the results
  of past discrimination
• The gap between the incomes of women and men who
  work full time is large and increasing
• The percentage of African-Americans and Hispanics
  in supervisory and management positions is still
  relatively small

4
Anti-discrimination Laws That Affect Organizations

• Management is responsible for upholding laws
  affecting the organization.
• The number of employees and the amount of
  business that the organization does with the
  federal government determine which of these laws
  affect the organization.
• Title VII of the Civil Rights Act of 1964
• Prohibits discrimination based on race, color,
  gender, or national origin in any term,
  condition, or privilege of employment
• Applies to private employment of 15 or more
  people and most public employment

5
Anti-discrimination Laws That Affect Organizations

• Title VI
• Prohibits discrimination based on race, color, or
  national origin in all programs or activities
  that receive federal financial aid in order to
  provide employment
• Equal Pay Act
• Requires that employers provide equal pay to men
  and women who perform work that is similar in
  skill, effort, and responsibility
• In general the act applies to individuals
  employed in interstate commerce in organizations
  producing goods for interstate commerce

6
Anti-discrimination Laws That Affect Organizations

• Education Amendments Act
• Prohibits gender discrimination against employees
  or students of any educational institution
  receiving financial aid from the federal
  government
• Age Discrimination in Employment Act
• Prohibits discrimination against people 40 years
  of age and older in any area of employment
• Applies to employers of 20 or more people
• Affirmative Action
• Executive order 11246 requires federal
  contractors and subcontractors to have
  affirmative action programs
• The purpose of these programs is to increase
  employment opportunities for women and minorities
  in all areas of employment

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Anti-discrimination Laws That Affect Organizations

• Veterans Readjustment Act
• Requires government contractors and
  subcontractors take affirmative action to hire
  and promote Vietnam veterans and disabled
  veterans
• Rehabilitation Act of 1973
• Prohibits employers from denying jobs to
  individuals merely because of a handicap
• Applies to government contractors and
  subcontractors with contracts in excess of 2,500
• Contractors must make reasonable and necessary
  accommodations for handicapped employees

8
Anti-discrimination Laws That Affect Organizations

• Americans with Disabilities Act (ADA)
• Gives the disabled sharply increased access to
  services and jobs
• Employers must provide reasonable accommodations
  to the disabled
• Civil Rights Act of 1991
• Permits women, minorities, person with
  disabilities, and persons who are religious
  minorities to have a jury trial and sue for
  punitive damages if they can prove that they are
  victims of intentional hiring or workplace
  discrimination
• Covers all employers with 15 or more employees
• Other anti-discrimination legislation
• Pregnancy, Immigration, etc.

9
Enforcement Agencies

• There are two major federal enforcement agencies
• Equal Employment Opportunity Commission (EEOC)
• Office of Federal Contract Compliance (OFCC)
• The trend is toward consolidation of enforcement
  activities

10
Interpretation and Application of Title VII and
Affirmative Action

• Title VII of the Civil Rights Act of 1964
• 1. Has been widely interpreted
• 2. Employers intention to discriminate is not
  an important factor
• 3. The employer must prove that the
  discrimination is essential to the safety,
  efficiency, and operation of the business and
  that no alternatives exist
• 4. Seniority or merit systems that exclude
  protected groups or perpetuate past
  discrimination are illegal
• 5. Employment parity exists when the proportion
  of protected employees employed by an
  organization equals the proportion in the
  organizations relevant labor
• 6. Occupational parity exists when the
  proportion of protected employees employed in
  various occupations in the organization is equal
  to their proportion in the organizations
  relevant labor market

11
Effect of Anti-Discrimination Laws on the
Supervisor

• Hiring practices
• 1. The employer must be able to show that the
  information requested from a person prior to
  hiring is being obtained for non-discriminatory
  purposes
• 2. Employment application forms that solicit
  non-job related information may result in charges
  of discrimination
• 3. Any test that adversely affects the
  employment opportunity of protected groups must
  be professionally validated
• 4. In an interview, a supervisor must be aware
  of the actual job requirements and not use
  unrelated criteria as a basis for a decision

12
Effect of Anti-Discrimination Laws on the
Supervisor

• Job assignments
• Assigning the more popular or pleasant tasks to
  one group of employees may result in charges of
  discrimination
• Not requiring people from the protected groups to
  perform all of the tasks of the job may result in
  charges of reverse discrimination
• Performance evaluation and upward mobility
• Subjective performance evaluations can result in
  discriminatory practices
• The supervisor must make an effort to consider
  all subordinates for advancement
• Disciplinary action
• Discipline must be based on objective
  considerations
• Discipline must be thoroughly documented for all
  employees
• Standards for determining disciplinary action
  must be the same for all employees
• Disciplinary action against an employee for
  filing a Title VII complaint is illegal

13
A Positive Approach to Equal Employment
Opportunity and Affirmative Action

• Organizations can benefit from the reservoir of
  talent represented by groups that have been
  excluded or underutilized
• Establishing and using job related factors for
  employment decisions should allow only the most
  qualified to be employed and promoted
• Equal employment opportunity benefits society
• The supervisors attitude is important in the
  achievement of EEO and affirmative action goals
• EEO and affirmative action programs do not
  require an employer to hire unqualified employees

14
Preventing Sexual Harassment in the Workplace

• Unwelcome sexual advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature are considered sexual harassment
  under the following conditions
• Submission is a condition of employment
• Submission or rejection is used as a basis of
  employment decisions
• The conduct interferes with the employees work
  performance or creates an intimidating, hostile,
  or offensive work environment
• Organizations are responsible for the acts of
  their managers and supervisors
• Prevention is the best tool for elimination of
  sexual harassment
• a. raise the subject in employee meetings
• b. Express strong disapproval
• c. Describe the disciplinary actions that will
  be taken
• d. Take the appropriate disciplinary action
  when necessary
• e. Inform employees of their right to raise
  sexual harassment claims

15
Other Areas of Employment Discrimination

• Religion Title VII as originally enacted,
  prohibited discrimination based on religion but
  did not define the term. Amendments to Title VII
  were added in 1972 to clarify the term
• Native Americans (Indians) courts have found
  Native Americans to be protected by Title VII
• HIV-Positive these individuals are considered
  disabled and entitled to the protection of the
  Americans with Disabilities Act (ADA)
• Sexual orientation people who fall under this
  category are protected only when a local or state
  statute is enacted to protect them. Title VII
  currently does not protect them