Chapter 3

Equal
Employment
Opportunity
and Human
Resources
Managemen
t

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 Learning Outcomes
Prepare an outline describing the major equal
employment opportunity (EEO) laws related to
issues such as age, gender, religion, weight,
and sexual orientation. Determine the
employment practices they prohibit and the
reason behind passage of EEO legislation.
Describe what a bona fide occupational
qualification is
Explain how the Uniform Guidelines on
Employee Selection Procedures were
developed and how firms use them to ensure
they are abiding by the law. Understand
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 Learning Outcomes
Understand EEOC record-keeping and posting
requirements and describe how discrimination
charges are processed by the EEOC
Explain what affirmative action is and how
companies today are seeing the value of
voluntarily having diverse workforces

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 Figure 3.2 - Major Laws
Affecting Equal Employment
Opportunity

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 Figure 3.2 - Major Laws
Affecting Equal Employment
Opportunity

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 Civil Rights Act of 1964
Bona Fide Occupational Qualification
(BFOQ)
Suitable defense against a discrimination
charge only when age, religion, sex, or national
origin is an actual qualification for performing
the job
Title VII of the Civil Rights Act
Prohibits employment discrimination based on a
persons religion

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 Civil Rights Act of 1964
Does not require employers to grant complete
religious freedom in employment situations
Requires employers make a reasonable
accommodation without incurring undue
hardship in conduct of the business

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 Fair Employment Practices (FEPs)
State and local laws governing equal
employment opportunity that are more
comprehensive than federal laws and apply to
small employers
Prohibits discrimination based on a persons
sexual orientation, physical appearance, marital
status, arrest records, color blindness, or
political affiliation
Fair Employment Practice Agencies (FEPAs) -
State and local agencies that enforce
antidiscrimination laws
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 Immigration Reform and Control Act
(IRCA)
Employers must comply with the
requirements of Immigration Reform and
Control Act (IRCA)
Employers covered by law are prohibited from
knowingly hiring or retaining unauthorized
aliens on the job
Employers with four or more employees are
prohibited from discriminating in hiring or
termination decisions based on nationality or
citizenship

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 Emerging Employment
Discrimination Issues
Attractivene
Weight
ss and
discriminati
discriminati
on
on
Caregivers
and
discriminati
on

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 Uniform Guidelines on
Employee
Selection Procedures
Procedural document published in the Federal
Register to help employers comply with
federal regulations against discriminatory
actions
Applies to employee selection procedures in:
Hiring, retention, and referral
Promotion and demotion
Transfer and dismissal

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 Uniform Guidelines on
Employee
Selection Procedures
Help comply with requirements of federal laws
prohibiting employment discrimination
Employers must be able to prove that
selection instrument used to choose
individuals for employment, bears a direct
relationship to job success

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 Uniform Guidelines on
Employee Selection Procedures
Adverse impact
Rejection of a significantly higher percentage of
a protected class for employment, placement,
or promotion when compared with the
successful, nonprotected class
Ways to show existence of adverse impact
Adverse rejection rate or Four-fifths rule
Conduct standard deviation analysis of firms
applicant data

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 Restricted Policy, Disparate
Treatment, and Workforce
Utilization Analysis
Restricted policy
Evidence that an employer has a selection procedure
that excludes members of a protected class, whether
intentional or not, constitutes adverse impact

Disparate treatment
Situation in which protected class members receive
unequal treatment or are evaluated by different
standards
Involves instances of purposeful discrimination
Workforce utilization analysis
Process of classifying protected-class members by
number and by the type of job they hold within the
organization

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 Equal Employment
Opportunity Commission
Formulate EEO policy and approve litigations
involved in maintaining equal employment
opportunity
Encourage employees, who file a claim, to call
on its toll-free number or fill out a
questionnaire online
Commission then begins process of evaluation
to determine weather the complaint is covered
by the laws it enforces

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 Record-Keeping and Posting
Requirements
Organizations subject to Title VII are required
to maintain employment records and reports
Federal contractors and subcontractors have
special EEO reporting requirements
Failing to comply incur penalties

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 Processing Discrimination
Charges - Retaliation
Managers cannot retaliate against individuals
who invoke their legal rights to file charges or
to support other employees during EEOC
proceedings
Title VII states that an employer may not
discriminate against his employees because
employee has:
Opposed any unlawful employment practice
Made a charge, testified, assisted or
participated in an investigation, proceedings, or
hearings under this Act
Includes punitive action taken against
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 Affirmative Action and Diversity
Management
Affirmative action: Requires organizations
to comply with the law and correct any past
discriminatory practices by increasing the
numbers of minorities and women in specific
positions
Chief diversity officer (CDO): Top executive
responsible for the implementation of a firms
diversity efforts

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 Beyond Affirmative Action:
Leveraging Diversity
Future of affirmative action rests in managers
attitudes and voluntary actions to make
workplace fairer and more competitive
Diverse workforce enables a company to keep
up with changes
Steps toward leveraging peoples differences
involve:
Seeing
Understanding
Valuing

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 Figure 3.6 - Steps to Leveraging
Employee Differences

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