Human Resource Management: Fifteenth Edition

Human Resource Management
Fifteenth Edition
Chapter 3
Equal Employment
Opportunity, Affirmative
Action, and Workforce
Diversity
Copyright © 2019, 2016, 2014 Pearson Education, Inc. All Rights Reserved
Learning Objectives (1 of 2)
3.1 Explain the concept of equal employment opportunity
(EEO) and identify the federal laws affecting EEO.
3.2 Discuss who is responsible for ensuring equal
employment opportunity.
3.3 Define the types of illegal employment discrimination
and discuss affirmative action.
Learning Objectives (2 of 2)
3.4 Explain the Uniform Guidelines related to various types
of illegal employment discrimination, including sexual
harassment, national origin, religion, and caregiver (family
responsibility) discrimination.
3.5 Describe the concept of diversity and diversity
management.
3.6 Explain the various elements of a diverse workforce.
Equal Employment Opportunity: An
Overview
• Equal employment opportunity (EEO): Laws and policies
that require all individuals’ rights to equal opportunity in the
workplace, regardless of:
– Race, color, sex, religion, national origin, age, and
disability
• Affirmative action
• Diversity
Federal Laws Affecting Equal
Employment Opportunity
Civil Rights Act of 1866
• Oldest federal legislation affecting staffing
• Based on Thirteenth Amendment
• No statute of limitations
• Employment is a contractual arrangement
• Extended to cover private parties in 1968
Title VII of Civil Rights Act of 1964,
Amended in 1972
• Three notable exceptions to Title VII discrimination:
– Bona fide occupational qualifications (BFOQ)
– Bona fide seniority system
– Professionally developed ability tests as long as there
was no intention to engage in illegal discrimination
Created Equal Employment Commission (EEOC)
Equal Pay Act of 1963, Amended in 1972
• Cannot pay women less money than men if both
employees do work that is substantially the same
• Work must:
– Require equal skill
– Require equal effort
– Involve equal responsibility
– Be performed under similar working conditions
Lilly Ledbetter Fair Pay Act of 2009
• Each paycheck that unfairly pays a worker less than it
should is a discriminatory act
• The act gives the worker a fresh 180-day period during
which time discrimination charges must be filed
• Recognition of an unfair paycheck at any time starts
the period
Pregnancy Discrimination Act of 1978
• Amendment to Title VII of Civil Rights Act
• Pregnancy, childbirth, or related medical condition
• Prohibits questions about family plans, birth control
techniques, etc.
• Employee benefits are also covered
Civil Rights Act of 1991
• Provided appropriate remedies for intentional
discrimination and unlawful harassment
• Codified “business necessity” and “job-relatedness”
• Confirmed authority and guidelines for finding disparate
impact under Title VII
Age Discrimination in Employment Act of
1967, Amended in 1978, 1986, and 1990
• Illegal to discriminate against anyone 40 years or older
• Enforced by the EEOC
• Pertains to employers who have 20 or more employees
• Provides for trial by jury
• Class action suits are possible
• Age can be a BFOQ
Rehabilitation Act of 1973
• Prohibits discrimination against disabled workers working
for government contractors and organizations
• Contracts exceeding $2,500: Employer required to post
affirmative action notices
• Contracts exceeding $50,000, or if contractor has 50 or
more employees: Employer must prepare written
affirmative action plan
• Administered by Office of Federal Contract Compliance
Programs (OFCCP)
Vietnam Era Veteran’s Readjustment
Assistance Act of 1974 (VEVRAA)
• Requires covered federal government contractors and
subcontractors to take affirmative action to employ and
advance veterans
• Priority in referral
• Expanded definition to include campaign or expedition
• Utilization goal
Americans with Disabilities Act of 1990 (ADA) and
Americans with Disabilities Act Amendments Act of
2008 (ADAAA)
• ADA prohibits discrimination against qualified individuals
with disabilities
• Disabled individual: Person who has, or is regarded as
having, a physical or mental impairment that substantially
limits one or more major life activities, and has a record of
such an impairment
• ADAAA:
– Expanded the definition of “disability”
– More eligible for reasonable accommodations
Immigration Reform and Control Act
(IRCA) of 1986
• Illegal for certain employers to fire or refuse to hire based
on national origin or citizenship
• Illegal to target certain origins for employment verification
Uniformed Services Employment and Reemployment
Rights Act (USERRA) of 1994
• Protections for Reservists and National Guard called to
active duty
• Workers entitled to return to civilian employment after
military service
• Intended to eliminate or minimize employment
disadvantages to civilian careers
• Escalator principle: Can return to job he/she would have
attained
Genetic Information Nondiscrimination Act
of 2008 (GINA)
• Protection from discrimination based on genetic
information
• Title I of GINA applies to employer-sponsored group
health plans
• Title II of GINA prohibits the use of genetic information in
making employment decisions
State and Local Laws
• State and local laws affect EEO
• Fair employment practice laws
• When EEOC regulations conflict with state or local civil
rights regulations, legislation more favorable to women
and minorities applies
Responsibility for Ensuring EEO
• Equal Employment Opportunity Commission (EEOC)
• Office of Federal Contract Compliance Programs (OFCCP)
• Employers
Steps in Handling a Discrimination Case
Uniform Guidelines on Employee Selection
Procedures
• Single set of principles
• Designed to assist employers, labor organizations,
employment agencies, and licensing and certification
boards
• Comply with federal prohibitions against employment
practices that discriminate based on race, color, religion,
sex, and national origin
Types of Unlawful Employment
Discrimination
• Disparate treatment, often thought of as intentional
discrimination
• Adverse or disparate impact, often thought of as
unintentional discrimination
• Four-fifths or 80 percent rule
Adverse Impact Example
• During 2017, 300 African Americans and 300 Caucasians
were hired
– 1,500 qualified African American applicants
– 1,000 qualified Caucasian applicants
– Using the adverse impact formula, you have:
300 1500 0.2

  66.67%
300 1000 0.3
Thus, adverse impact likely exists
Affirmative Action
• Requires covered employers to take positive steps to
ensure that employment of applicants and treatments of
employees are without regard to race, creed, color, or
national origin
• Executive Order: Directive issued by the president that
has the force and effect of law enacted by Congress as it
applies to federal agencies and federal contractors
• President Lyndon Johnson signed Executive Order 11246
• Affirmative Action Program: Approach to demonstrate that
workers are employed in proportion to their representation
in firm's relevant labor market
Underutilization Analysis
• If utilization analysis shows availability of African
Americans for certain job group is 30%, the organization
should have at least 30% African American employment
in that group
• If actual employment is less than 30%, underutilization
exists, and the firm should set a goal of 30% African
American employment for that job group
Uniform Guidelines on Sexual Harassment
• Title VII generally prohibits gender discrimination in
employment
• EEOC issued interpretative guidelines
• Two types of sexual harassment:
– Hostile work environment
– A quid pro quo situation
Uniform Guidelines on Discrimination
Because of National Origin
• Discrimination on basis of national origin is denial of equal
employment opportunity due to:
– Individual’s ancestors or place of birth
– Individual’s physical, cultural, or linguistic characteristics
English-only rule
Uniform Guidelines on Discrimination
Because of Religion
• Obligation to accommodate religious practices unless
employer can demonstrate a resulting hardship
• Methods for accommodating religious practices
Uniform Guidelines on Caregiver (Family
Responsibility) Discrimination
• Discrimination based on employee obligations to care
for family members
• EEOC’s guideline: “Unlawful Disparate Treatment of
Workers with Caregiving Responsibilities”
• Not binding
• Offers “best practices” measures
Diversity and Diversity Management
• Diversity: Any actual or perceived difference among people
– More than equal employment and affirmative action
– Creates workforces that mirror populations and
customers
Diversity management: Ensuring factors are in place to
provide for and encourage the continued development of a
diverse workforce and to meld actual and perceived
differences among workers
Elements of the Diverse Workforce (1 of 4)
• Single parents and working mothers
• Women in business
• Mothers returning to the workforce
• Dual-career families
• Ethnicity and race
• Older workers
• People with disabilities
• Immigrants
• Foreign workers
• Young persons, some with limited education or skills
• Baby Boomers, Gen X, Gen Y, and Gen Z
Multigenerational Diversity
• Four generations are now in the workforce
• Each has different defining characteristics and nicknames
• Managers need to be aware of and skilled in dealing with
the different generations
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Thus, adverse impact likely exists

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