Chapter 5

Learning Objectives Summarize the basic equal

employment opportunity laws regarding age, race, sex, national origin, religion & handicap discrimination

Explain the basic defenses against discrimination allegations

Present a summary of what employers can and cannot legally do with respect to recruitment, selection, promotion and layoff practices

Explain the Equal Employment Opportunity Commission enforcement process

List five strategies for successfully increasing diversity of the work force

Selected Equal Employment Opportunity Laws Public policy legislation began in 1960’s largely due to

civil unrest from minorities and woman

Equal Employment Opportunity Commission (EEOC) What is the EEOC?

Consists of five members, each serves five-year term

Appointed by president by advice and consent of the senate

Has a staff of 1000s to administer Civil Rights law in the employment settings

EEOC…. Receives and investigates

job discrimination complaint

Attempts to reach agreement eliminating all aspects of discrimination via conciliation

If conciliation fails, the EEOC can go to court to enforce the law

Age Discrimination in Employment Act (ADEA) of 1967 What it did and still does?

Makes it unlawful to discriminate against employees or applicants for employment who are 40+ years of age

Effectively ended mandatory retirement

Pregnancy Discrimination Act of 1978 Broadened definition of sex discrimination to

encompass pregnancy, childbirth or relate medical conditions

Prohibits employers for using pregnancy to discriminate in hiring, promotion, suspension or discharge or any other term on condition of employment

Uniform Guideline on Employee Selection Procedure “ incorporate a single set of principles which are

designed to assist employers, labor organizations, employment and licensing and certification boards to comply with requirements of Federal Law prohibiting employment practices which discriminate on grounds of race, color, religion, sex and national origin”

Sexual Harassment Definition:

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:-

Sexual Harassment…continue

Submission is either explicity or implicitly a term or condition of an individual’s employment

Submission to or rejection of such conduct is the basis for employment decisions affecting such individual

Proving Sexual Harassment Quid Pro Quos:

Something given or taken in exchange for something else.

Hostile Environment Created by Supervisor

Hostile Environment Created

By Co-workers or nonemployees

Sexual Harassment…continue

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

Causes of Sexual Harassment Permissive social climate

It’s not all about sex-most common form is gender harassment

Most victims do not sue or complain

Problem is exacerbate by psychological and practical considerations

Minimizing Causes of Sexual Harassment What management can do?

Publish a strong anti-harassment policy

Inform all employees about the policy

Develop and implement complaint procedures

Take all harassment complaints seriously

Train management

Discipline managers and employees involves in harassment

Minimizing Causes of Sexual Harassment…… continue

What management can do?

Keep through records

Monitor the harassment climate

Minimizing Causes of Sexual Harassment…… continue

What the employee can do?

File a verbal complain or protest with the harasser and the harasser’s boss stating the action is unwelcome

Write a letter to the accused

If conduct does not cease, file verbal and written reports regarding conduct and unsuccessful efforts to get it to stop

Minimizing Causes of Sexual Harassment…… continue

What the employee can do?

if the letters and appeals do not work the accuser should turn to the local EEOC office to file the necessary claim

If the harassment is of a serious nature the employee can also consult an attorney to discuss options

Disablilities Defines “impairment” to include any physiological or

condition, cosmetic disfigurement, anatomical loss affecting one or more body systems or any mental or physical disorder

EEOC clarifies the act to define an individual as disables if he or she has a physical or mental condition that substantially limits one or more major life activities

Disablilities continue

Defines what isn’t a disablity

Prohibits discrimination against qualified individuals who with (or without) reasonable accomodation can carry out the essential functions of the job

Employer’s Obligations under American Disabilities Act Employers may not:

Make pre-employment inquiries about a person’s disability during the application or interview process or on the job description

Rescind an offer of employment based on medical exam results

Refuse to make reasonable accommodation unless doing so would create undue hardship

Discrimination Recruitment Don’t

Relying on word of mouth

Providing misleading information

Using ‘male’ or ‘young’ in help wanted ads

Discrimination Selection Standards Don’t

Using educational requirements that are not job-related to exclude groups, including test

Preference to relatives

Requiring certain height, weight or physical characteristics

Discrimination Selection Standards Don’t

Asking health questions

Asking about arrest records in order to disqualify

Using application to glean unnecessary information

Requiring inappropriate uniforms

Managing Diversity and Affirmative Action Provide strong leadership

Assess the situation

Provide diversity training and education

Change culture and management systems

Evaluate diversity management program

Boosting Workforce Diversity Workforce diversity

increase cooperation and reduces conflict

Makes strategic sense to ensure workforce diversity

Affirmative Action Issues Equal employment opportunity vs affirmative action

Mandatory vs voluntary programs

Steps to Affirmative Action Issues written equal employment policy

Appoint top official with responsibility and authority to direct and implement the program

Publicizes the equal employment policy and affirmative action

Steps to Affirmative Action continue

o Surveys present minority and female employees to determine locations where affirmative action is desired

o Develops goal and timetables to improve utilization of minorities, males and females in each identified area

o Develops and implements specific programs to achieve goals

Steps to Affirmative Action continue

Establishes an internal audit and reporting system to monitor and evaluate program

Develops support for the affirmative action program both inside and outside the company