1 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

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

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Diversity Management

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

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Managing the Diverse Workforce:Various Components

Single Parents & Working Mothers

Women in Business Dual Career

Families Workers of Color Older Workers

Persons with Disabilities

Immigrants Young Persons with

Limited Education/Skills

Educational Level of Employees

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Equal Employment Equal Employment Opportunity: And Opportunity: And Affirmative ActionAffirmative 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

1010

Civil Rights Act of 1866

Oldest federal legislation affecting staffing

Based on the Thirteenth Amendment

No statute of limitations Employment is a

contractual arrangement

1111

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

1313

Exceptions to Title VII

Bona fide occupational qualifications (BFOQs)

Seniority and merit systems

Testing and educational requirements

1414

Persons Not Covered by Title VII

Aliens not authorized to work in the United States

Members of the Communist party Homosexuals

1515

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

1616

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

1919

Illegal Immigration Reform and Immigrant Responsibility Act

of 1996

Severe limitations for violation of visas

Three year ban Ten year ban

2020

Americans with Disabilities Act (ADA)

Prohibits discrimination against qualified individuals with disabilities

Prohibits discrimination in all employment practices

2121

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

EEOCEEOC

OFCCPOFCCP

2929

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

3030

Steps in Handling a Discrimination CaseCharge Filed

Investigation by the EEOC

Attempt at Conciliation

Review Case for Litigation

Recommendation

Attempt at a No-Fault Settlement

Recommendation AgainstLitigation – Right to Sue Notice

Issued to Charging Party

Recommendation forLitigation – EEOC Initiates Action

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Exceptions to Title VII Coverage

Religious institutions, with respect to Religious institutions, with respect to employment of persons of a specific employment of persons of a specific religion in any of the institution’s religion in any of the institution’s activitiesactivities

AliensAliens Member of the Communist PartyMember 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.

3333

Adopted By

EEOC

Civil Service Commission

Department of Justice

Department of Labor

3434

Additional Guidelines

Interpretative Guidelines on Sexual Harassment

Guidelines on Discrimination Because of National Origin

Guidelines on Discrimination Because of Religion

3535

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. WeberU.S. Forestworkers v. Weber Voluntary plan must fix old patters of Voluntary plan must fix old patters of

discrimination and be temporarydiscrimination and be temporary Johnson v. Santa Clara Transport AgencyJohnson v. Santa Clara Transport Agency

Affirmative action plan should address Affirmative action plan should address “manifest imbalance” in employment practices“manifest imbalance” in employment practices

2003 Michigan State cases2003 Michigan State cases Race may be used as admission Race may be used as admission

consideration sometimesconsideration sometimes