PROVIDING EQUAL

EMPLOYMENT OPPORTUNITY
AND A SAFE WORKPLACE

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 What Do I Need to Know?
LO 3-1 Explain how the three branches of government regulate human resource
management.
LO 3-2 Summarize the major federal laws requiring equal employment
opportunity.
LO 3-3 Identify the federal agencies that enforce equal employment opportunity
and describe the role of each.
LO 3-4 Describe ways employers can avoid illegal discrimination and provide
reasonable accommodation.
LO 3-5 Define sexual harassment and tell how employers can eliminate or
minimize it.
LO 3-6 Explain employers’ duties under the Occupational Safety and Health Act.
LO 3-7 Describe the role of the Occupational Safety and Health Administration.
LO 3-8 Discuss ways employers promote worker safety and health.
 Regulation of Human Resource Management

Legislative Branch Executive Branch Judicial Branch

Has enacted a number Includes regulatory Influences employment

of laws governing HR agencies that are law by interpreting the
activities; these laws responsible for enforcing law and holding trials
have usually be in the laws passed by concerning violations of
response to perceived Congress the law
societal needs

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 Equal Employment Opportunity 1

Equal Employment Opportunity (EEO)

• All individuals have equal chance for employment
• Government regulates HRM to ensure EEO
• Efforts to create EEO include: constitutional amendments,
legislation, executive orders, court decisions
• Protected Class
• Under-representation

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 Equal Employment Opportunity
Civil Rights Acts
(1866 & 1871)
• Civil Rights Act of 1866
granted all persons same
property rights as white
citizens.
• Civil Rights Act of 1871
granted all citizens right to
sue in federal court if they
feel they have been
deprived of some civil
right.
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2 of 8
Equal Pay Act (1963)
• Men and women in an
organization doing the
same work must be paid
equally.
• Equal is defined in terms
of skill, effort,
responsibility, and working
conditions.
 Equal Employment Opportunity 3 of 8

Title VII Civil Rights Act Age Discrimination in

(1964) Employment Act (ADEA)
• Prohibits employers from • Prohibits discrimination
discriminating based on: against workers who are
– Race over the age of 40.
– Color • Age discrimination
– Religion
complaints make up a
large percentage of
– Sex complaints filed with
– National origin EEOC.
• Applies to organizations
that employ 15 or more.

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 Equal Employment Opportunity 4 of 8
Vocational Rehabilitation
Act (1973)
• Covered organizations
must engage in affirmative
action for individuals with
disabilities.
• Employers are
encouraged to recruit
qualified individuals with
disabilities and make
reasonable
accommodations to them.
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Vietnam Era Veterans’
Readjustment Act (1974)
• Requires federal
contractors and
subcontractors to take
affirmative action toward
employing veterans
Vietnam War veterans.
• Covers veterans who
served between August 5,
1964 and May 7, 1975.
 Equal Employment Opportunity
Pregnancy Discrimination
Act (1978)
• Defines discrimination on
the basis of pregnancy,
childbirth, or related form
of medical condition to be
a form of illegal sex
discrimination.
• Benefits, including health
insurance, should cover
pregnancy and related
medical conditions in the
same way as other
medical conditions.
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5 of 8
Americans with
Disabilities Act (ADA) of
1990
• Protects individuals with
disabilities from being
discriminated against in
the workplace.
• Prohibits discrimination
based on disability in all
employment practices.
• Employers must take
steps to accommodate
individuals covered by the
act.
 Figure 3.2 Disabilities Associated with
Complaints Filed under ADA

Jump to long description in appendix.

©McGraw-Hill Education. Source: Equal Employment Opportunity Commission, “ADA Charge Data by Impairments/Bases: Receipts, FY1997–FY2017,” http://www1.eeoc.gov, accessed March 29, 2018.
 Equal Employment Opportunity 6 of 8

Uniformed Services
Civil Rights Act (1991) Rights Act
• Adds compensatory and • Employers must reemploy
punitive damages in workers who left jobs to
cases of discrimination fulfill military duties for up
under Title VII and ADA. to five years.
• Amount of punitive • Should be in the job they
damages is limited by the would have held if they
act and depends on size had not left to serve in the
of the organization military.
charged with
discrimination.

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 Table 3.2 Maximum Punitive Damages Allowed Under the
Civil Rights Act of 1991

EMPLOYER SIZE DAMAGE LIMIT

14 to 100 employees $50,000

101 to 200 employees 100,000

201 to 500 employees 200,000

More than 500 employees 300,000

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 Equal Employment Opportunity 7 of 8
Genetic Information Lilly Ledbetter Fair Pay Act of
Nondiscrimination Act of 2008 2009
▪ Employers may not use genetic • Covers not being paid the
information in making decision same as one's co-workers,
related to terms, conditions, or where the difference is due to
privileges of employment race, color, religion, sex,
national origin, age, or
▪ Includes a person’s genetic
disability.
tests, genetic test of the
person’s family members, and
family medial histories
▪ Forbids unintentional collection
of this data
▪ Forbids harassment of
employee because of genetic
information

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 Equal Employment Opportunity 8 of 8
Executive Orders
Executive Order 11246 Executive Order 11478
(Johnson) (Nixon)
• Prohibits federal contractors and • Requires federal government to
subcontractors from base all its employment decisions
discriminating based on race, on merit and fitness
color, religion, sex, or national • Also covers organizations doing at
origin least $10,000 worth of business
• Employers whose contracts meet with federal government
minimum size requirements must
engage in affirmative action

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 The Government’s Role in Providing for Equal
Employment Opportunity 1
Equal Employment Opportunity Commission (EEOC)
• Responsible for enforcing most EEO laws
• Investigates and resolves discrimination complaints
• Complaints must be filed within 180 days of incident
• EEOC has 60 days to investigate the complaint.
• Monitors organizations’ hiring practices
• Collects and analyzes EEO-1 Reports

• Issues guidelines to determine law violations

• Uniform Guidelines on Employee Selection Procedures an
example
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 Types of Charges Filed with the EEOC

Jump to long description in appendix.

©McGraw-Hill Education. Source: Equal Employment Opportunity Commission, “Charge Statistics,” http://www.eeoc.gov, accessed March 29, 2018.
 The Government’s Role in Providing for Equal
Employment Opportunity 2
Office of Federal Contract Compliance Programs
(OFCCP)
• Enforces executive orders that cover companies doing
business with the federal government
• Audits government contractors to ensure they are actively
pursuing goals in their affirmative action plans
• Plan must include utilization analysis, goals and timetables,
and action steps

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 Businesses’ Role in Providing for
Equal Employment Opportunity 1
Avoiding Discrimination
Bona Fide Occupational
Disparate Treatment Qualification (BFOQ)
• Differing treatment of individuals • DEFENSE against Disparate
based on the race, color, religion, Treatment
sex, national origin, age, or
• A necessary (not merely
disability status
preferred) qualification for
• Companies should evaluate performing a job
interview questions and decision
• BFOQs are limited to policies
criteria to make sure they are job
directly related to worker’s ability
related
to do the job

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 Businesses’ Role in Providing for
Equal Employment Opportunity 2
Avoiding Discrimination continued

Disparate Impact Four-Fifths Rule

• Condition in which employment
practices are seemingly neutral
yet disproportionately exclude a
protected group from
employment opportunities
• Often is unintended by employer
• DEFENSE: Business Necessity
• Compares rate of hiring; not
numbers of employees hired.
• If hiring rate for minority group is
less than four-fifths the hiring
rate for the majority group, there
is evidence of potential
discrimination

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 Figure 3.4 Applying the Four-Fifths Rule

Jump to long description in appendix.

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 POLLING QUESTION Which of the following statements is FALSE?
A. During an interview it is legal to ask only women if
they have child-care needs.
B. Hiring only men to model male underwear is legal.
C. If a company unintentionally hires a
disproportionate number of non-minorities, they
can be held liable for discrimination.
D. Organizations can screen candidates using a test that
reliably predicts on-the-job performance.

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 Businesses’ Role in Providing for
Equal Employment Opportunity 4
Providing Reasonable Accommodation
• Employer required to do something to enable all otherwise
qualified individuals to perform the job
• Religion and disabilities should be considered

• Employer may be exempt from providing accommodation

if it would require significant expense or difficulty
• Accommodation “reasonable” if it does not impose an undue
hardship on employer
• Employers may perceive more hardship than what actually exists

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 Figure 3.5 Examples of Reasonable
Accommodations Under the ADA

Note: Reasonable accommodations do not include hiring an unqualified

person, lowering quality standards, or compromising co-workers’ safety.
Jump to long description in appendix.
©McGraw-Hill Education. Source: Ba s ed on Equal Employment Opportunity Commission, “The ADA: Your Responsibilities as an Employer,” modified August 1, 2008, www.eeoc.gov.
 Businesses’ Role in Providing for
Equal Employment Opportunity 5
Sexual Harassment
• Unwelcome advances, requests for sexual favors, and
other verbal/physical contact is sexual harassment when:
• Submission to conduct is a condition of employment
• Submission/rejection is a basis for employment decisions
• Conduct interferes with employee’s work performance

• Different kinds of sexual harassment: quid pro quo, hostile

working environment
• Unwanted, Prevalence, Severity & Reasonable Person

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 Businesses’ Role in Providing for
Equal Employment Opportunity 6
Preventing Sexual Harassment: Two Prong Test
Show that the victim did not report the incident.
Organizations can prevent sexual harassment by being
Vigilant:
• Developing and communicating a policy that defines and forbids
sexual harassment
• Training employees to recognize and avoid this behavior
• Providing a means for employees to complain about harassment
and be protected

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 Test Your Knowledge 2 of 2
A male manager frequently engages in sexual activity with
selected female subordinates. Other women in this work
environment who are not involved with the manager complain
of sexual harassment due to favoritism. Do they have a case?
A. No, because they were not directly discriminated against.
B. No, because the contact was consensual.
C. Yes, because the manager is making others feel
uncomfortable.
D. Yes, because any consensual relationship in the
workplace among employees is prohibited.

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 Occupational Safety and Health Act 1

Occupational Safety and Health Act

• Passed in 1970 in response to roughly 15,000 work-related
fatalities that had been occurring every year
• Authorizes government to establish and enforce
occupational safety and health standards
• Occupational Safety and Health Administration (OSHA)
• Inspects employers for safety and health standards
• Sets and applies safety & health standards
• Levies fines for violations of standards

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 Occupational Safety and Health Act 2

General and Specific Duties

• General-duty clause
• Employers must furnish each employee a place of employment
free from hazards that cause or are likely to cause death or serious
physical harm

• Employers must keep records of work-related injuries and

illnesses and post an annual summary of them from
February 1st to April 30th the following year.

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 Occupational Safety and Health Act 3

General and Specific Duties continued

• Employees have the right to:
• Request an inspection
• Have a representative present at an inspection
• Have dangerous substances identified
• Be promptly informed about exposure to hazards and be given
access to accurate records regarding exposure
• Have employer violations posted at the work site

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 Occupational Safety and Health Act 3

Which of the following has FIRST priority for inspection

by OSHA officials?
A. Catastrophes and fatal accidents.
B. Employee Complaints.
C. High-hazard industries.
D. Imminent Danger.
E. Follow-up inspections.

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 Rates of Occupational Injuries and Illnesses

©McGraw-Hill Education. Source: Bureau of Labor Statistics, “Employer-Reported Workplace Injuries and Illnesses, 2016,” news release, November 9, 2017, http://www.bls.gov.
 Occupational Safety and Health Act 5

Enforcement of the Occupational Safety and Health Act

• OSHA conducts inspections
1. Compliance officer reviews company’s records
2. Officer conducts a “walkaround” tour of the premises
3. Officer conducts employee interviews
4. Officer conducts closing conference with employer and notes
any violations

• Employers must correct violations found in inspection

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 Next Time
Creating an Inclusive Environment

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Appendix of Image Long
Descriptions
 Appendix to Figure 3.2 Disabilities Associated
with Complaints Filed under ADA
Emotional/psychiatric: 26.4 percent
Other: 25.3 percent
Regarded as disabled: 11 percent
Back: 7.1 percent
Nonparalytic orthopedic: 7.3 percent
Record of disability: 6.8 percent
Diabetes: 4.3 percent
Cancer: 3.2 percent
Heart: 3 percent
Hearing: 2.6 percent
Other neurological: 3.0 percent
Return to original slide
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 Appendix to Figure 3.3 Types of Charges Filed
with the EEOC
Categories are listed from the greatest amount of charges to the least amount of
charges. All values are approximate.
Retaliation: 40 thousand
Race: 27 thousand
Disability: 26 thousand
Sex: 25 thousand
Age: 20 thousand
National Origin: 10 thousand
Religion: 5 thousand
Color: 4 thousand
Equal Pay Act: 2 thousand
Genetic information: 1 thousand
Return to original slide
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 Appendix to Figure 3.4 Applying the Four-Fifths Rule
Example Scenario: A new hotel has to hire employees to fill 100 positions. Out of 300
total applicants, 200 are black and the remaining 100 are white. The hotel hires 40 of
the black applicants and 60 of the white applicants.
Step 1: Find the Rates
• Black applicants: 40 hired divided by 200 applicants equals 20 percent or 0.2
• White applicants: 60 hired divided by 100 applicants equals 60 percent or 0.6
Step 2: Compare the Rates
• 0.2 divided by 0.6 equals 0.33
• Four fifths is equal to 0.8
• 0.33 is less than 0.8
The four-fifths requirement is not satisfied, providing evidence of potential
discrimination.

Return to original slide

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 Appendix to Figure 3.5 Examples of
Reasonable Accommodations Under the ADA
The handicapped sign on the bathroom is labeled
Making facilities accessible.
The clock is labeled Modifying work schedules.
The telephone is labeled Acquiring or modifying
equipment.
The computer monitor is labeled Modifying exams or
training programs and Providing qualified readers or
interpreters.

Return to original slide

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