Human resrouce management 12th mathis jacson chapter 004

© 2008 FIGURE 4-1 Illegal Employment Discrimination... © 2008 Nature of EEO cont’d • Disparate Impact protected-class members results from employment decisions that work to their disadva

CHAPTER 4

Legal Framework of Equal Employment

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Chapter Objectives

Chapter Objectives

Acts of 1964 and 1991

EEO-related laws

the 1978 Uniform Guidelines on Employee Selection Procedures

requirements

After you have read this chapter, you should be able to:

Nature of Equal Employment Opportunity

• Equal Employment Opportunity (EEO)

treatment in all employment-related actions

• Discrimination

• Protected Class

under equal employment laws and regulation

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FIGURE 4-1 Illegal Employment Discrimination

Nature of EEO (cont’d)

• Disparate Treatment

individuals, or the same standard is used, but it is not related to the individuals’ jobs

is considered by the regulatory agencies or courts

when deciding whether or not illegal discrimination

has occurred

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Nature of EEO (cont’d)

• Disparate Impact

protected-class members results from employment decisions that work to their disadvantage

defense if discrimination occurs

proving that an employment requirement is a job-related “business necessity.”

FIGURE 4-2 EEO Concepts

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Burden of Proof

of employment discrimination exists by showing:

job but was rejected

applicants after the rejection occurred

made, the burden of proof shifts to the employer

Progressing Toward EEO

• Equal Employment

discrimination

• Blind to differences

everyone should be treated equally

• Affirmative Action

on their race, age, gender, or national origin to make

up for historical discrimination

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FIGURE 4-3a Major Federal Equal Employment Opportunity Laws and Regulations

FIGURE 4-3b Major Federal Equal Employment Opportunity Laws and Regulations

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FIGURE 4-3c Major Federal Equal Employment Opportunity Laws and Regulations

Sex/Gender Discrimination

• Pay Equity (Comparable Worth)

levels of knowledge, skill, and ability should be paid similarity, even if actual duties differ significantly

of women and men

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Sex/Gender Discrimination (cont’d)

• Sexual Harassment

subject the worker to adverse employment conditions

or create a hostile work environment

co-workers, and when non-employees have business contacts with employees

Americans with Disabilities Act (ADA)

• Disabled Person

that substantially limits life activities, who has a

record of such impairment, or who is regarded as having such an impairment

• Who is disabled?

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ADA and Job Requirements

Essential Job Functions

Fundamental job duties of

the employment position

that an individual with a

disability holds or desires.

Undue Hardship

Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities.

Reasonable Accommodation

FIGURE 4-4 Most Frequent ADA Disabilities Cited

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Employment Discrimination Acts

• Age Discrimination in Employment (ADEA)

individuals age 40 or older working for employers having 20 or more workers

(BFOQ)

• Older Workers Benefit Protection Act (OWBPA)

employees when they sign liability waivers for age discrimination in exchange for severance packages

Immigration Reform and Control Act (IRCA)

• Immigration Reform and Control Act (IRCA)

legally permitted to work in the United States

for employment

employing illegal workers

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Discrimination Laws and Regulations

• Religious Discrimination

occupational qualification

• Military Status and USERRA

Uniformed Services Employment and Reemployment Act encourage the employment of veterans and

require employers to provide leaves of absence and reemployment rights for employees called to active duty

FIGURE 4-5 Uniformed Services Employment and Reemployment Rights Act

(USERRA) Provisions

Common Issues

• Leaves of absence

• Return to employment rights

• Prompt re-employment on return

• Protection from discharge/retaliation

• Health insurance continuation

• Continued seniority rights

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Discrimination Laws and Regulations

(cont’d)

• Sexual Orientation

discrimination has not been granted

discrimination under Title VII applies to a person’s gender at birth

• Appearance and Weight Discrimination

job-related

Discrimination Laws and Regulations

(cont’d)

• Seniority and Discrimination

seniority system does not violate the rights of

protected-class individuals

• Conviction and Arrest Records

decisions

employability if the offense is job-related

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FIGURE 4-6a Guidelines to Lawful and Unlawful Pre-Employment Inquiries

FIGURE 4-6b Guidelines to Lawful and Unlawful Pre-Employment Inquiries

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FIGURE 4-6c Guidelines to Lawful and Unlawful Pre-Employment Inquiries

FIGURE 4-6d Guidelines to Lawful and Unlawful Pre-Employment Inquiries

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Uniform Guidelines on Employee Selection Procedures (1978)

• Used by the EEOC, the Department of Labor’s

OFCCP, the Department of Justice, and the

Office of Personnel Management.

hiring, retention, promotion, transfer, demotion,

dismissal, and referral

prove they are not illegally discriminating against

employees: no disparate impact, and job-related

validity

Uniform Guidelines on Employee Selection Procedures (cont’d)

• “No Disparate Impact” Approach

underrepresentation of protected-class members is evident in selection decisions

than 80% (4/5ths) of the selection rate for the majority group or less than 80% of the group’s

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FIGURE 4-7 Internal Disparate Impact Example

Internal Metrics for Disparate Impact

Selection of candidates for interviews from those recruited

Pass rates for various selection

tests

Performance appraisal ratings

as they affect pay increases

Identification

of individuals for layoffs

Promotions,

Check for internal disparate

impact

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FIGURE 4-8 Racial Distribution in Valleyville (Example of Relevant Labor Market)

(External)

Job-Related Validation Approach

• Employment “test”

making an employment-related decision

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Validity and Equal Employment

• Selection Procedures and Validity

skills, and abilities (KSAs) are valid and job-related

• Content Validity

analysis) to identify the KSAs and other characteristics necessary to perform the job

• Criterion-Related Validity

well an individual would perform on the job

EEO Enforcement Agencies

• Equal Employment Opportunity Commission

“persuasive authority” in most cases

• Office of Federal Contract Compliance (OFFCP)

nondiscriminatory practices and take affirmative action

to overcome the effects of past discrimination

• State and Local Agencies

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EEO Compliance

• Records Retention

required by the EEOC

hiring, promotion, demotion, transfer, layoff, termination

minimum.

EEOC Reporting Forms

• EEOC-1 (Annual Reporting Form) required for:

state and local governments

combined employees equals 100 or more

contracts of $50,000 or more

holding government funds or issuing saving

• Applicant Flow Data

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Receive EEO Complaint

Determine EEOC Jurisdiction and Categorize Complaint

Serve Charge Notification

on Employer

Investigate Complaint

Attempt to Mediate Complaint

Issue Notice of Relief, Right to Sue, or Sue Employer

Individual Files Suit