Business and society ethics sustainability and stakeholder management 9e chapter 19

Part I: BUSINESS, SOCIETY, AND STAKEHOLDERS. 1. The Business and Society Relationship. 2. Corporate Citizenship: Social Responsibility, Performance and Sustainability. 3. The Stakeholder Approach to Business, Society, and Ethics. Part II: CORPORATE GOVERNANCE AND STRATEGIC MANAGEMENT ISSUES. 4. Corporate Governance: Foundational Issues. 5. Strategic Management and Corporate Public Affairs. 6. Issue, Risk, and Crisis Management. Part III: BUSINESS ETHICS AND MANAGEMENT. 7. Business Ethics Fundamentals. 8. Personal and Organizational Ethics. 9. Business Ethics and Technology. 10. Ethical Issues in the Global Arena. Part IV: EXTERNAL STAKEHOLDER ISSUES. 11. Business, Government, and Regulation. 12. Business Influence on Government and Public Policy. 13. Consumer Stakeholders: Information Issues and Responses. 14. Consumer Stakeholders: Product and Service Issues. 15. Sustainability and the Natural Environment. 16. Business and Community Stakeholders. Part V: INTERNAL STAKEHOLDER ISSUES. 17. Employee Stakeholders and Workplace Issues. 18. Employee Stakeholders: Privacy, Safety, and Health. 19. Employment Discrimination and Affirmative Action. Cases.

© 2015 Cengage Learning 1

Chapter 19

Employment Discrimination and Affirmative

Action

Learning Outcomes

1 Chronicle the U.S civil rights movement and minority

progress for the past 50 years.

2 Outline the essentials of the federal discrimination laws.

3 Define disparate treatment and disparate impact, and

give examples of how each.

4 Elaborate on issues in employment discrimination

relating to race, color, national origin, sex, age, religion, sexual orientation, and disability .

5 Identify the different types of affirmative action and

compare and contrast them to each other

© 2015 Cengage Learning 3

Chapter Outline

• The Civil Rights Movement

• Federal Laws Prohibiting Discrimination

• Expanded Meanings of Employment Discrimination

• Issues in Employment Discrimination

• Affirmative Action in the Workplace

• Summary

• Key Terms

Several States & the District of Columbia –

•People are protected from discrimination based on sexual orientation

These “Protected” groups -

•are not protected from job loss; young minority

men bore a disproportionate burden of the layoffs

in the most recent recession.

The Civil Rights Movement

• 1955 - Rosa Parks, a black woman, refused to

give up her bus seat to a white man, and was arrested.

• Protests and boycotts over unequal treatment

grew and continued, and were met with

violence against the protestors.

• 1964 - The Civil Rights Act became law.

• The 1970s - The Women’s Movement

• The 1980s -Gains for women and blacks

• The 1990s - Some progress, but problems

remained

• The 21st century - New challenges and old

problems

Federal Laws Prohibiting Discrimination

7

© 2015 Cengage Learning

Title VII of the Civil Rights Act of 1964

Prohibits discrimination in all aspects of

employment based on:

Age Discrimination in Employment Act

• The ADEA protects workers 40 years old and

older from discrimination in:

• Other aspects of employment

• Does not apply where age is a bona fide

occupational qualification (BFOQ)

• When a younger age is necessary and related to

the position.

Equal Pay Act of 1963

• Prohibits sex discrimination in payment of

wages to women and men who perform

substantially equal work in the same

establishment.

• Ledbetter v Goodyear Tire & Rubber Co ,

2007, heard by the Supreme Court.

• Lily Ledbetter was paid less than males for equal

work, but did not discover it for several years; the Supreme Court ruled she should have filed suit within 180 days, the first payment date

• In 2009, The Lily Ledbetter Fair Pay Act changed

the law, so that suit may be brought each time there is discrimination

• Also requires these employers to engage in

affirmative action to employ the disabled.

• A related act, the Vietnam Era Veterans

Readjustment Assistance Act of 1974 , also

prohibits discrimination on the basis of disability, and requires affirmative action

• The Rehabilitation Act of 1973 was the model for the Americans With Disabilities Act of 1990.

Americans with Disabilities Act (ADA)

• Prohibits discrimination based on physical or mental

disabilities in private places of employment and in public accommodations; requires employers to

make reasonable accommodations for such

employees.

An individual is disabled under the Act if the

person-• Has a physical or mental impairment that limits one

or more major life activities.

• Has a record of such an impairment.

• Or, is regarded as having such an impairment .

Reasonable accommodations may

include-• Making facilities accessible

• Job restructuring, work schedule modification,

• Acquiring or modifying equipment or devices;

The Civil Rights Act of 1991

jury trials in cases of intentional

discrimination based on race, religion, sex, disability and national origin.

• Under the original Act, monetary awards

were limited to back pay, lost benefits and attorneys fees and costs.

• The 1991 Act permitted both

The Equal Employment Opportunity Commission -

• Is the major federal body created to

• Investigates employment discrimination

complaints.

• Makes equal employment opportunity policy

• Enforces anti-discrimination laws through

conciliation or federal lawsuits against

employers

Expanded Meanings

of Employment Discrimination

Disparate (unequal) treatment

-•Intentionally using race, color, religion, sex, or national origin as a basis for treating people differently

Disparate (adverse) impact

-•An employer’s practice results in fewer minorities being included in the outcome of testing, hiring, or promotion practices than would be expected by numerical proportion

Two Kinds of Employment Discrimination

Issues in Employment Discrimination (1 of 3)

• Inequality persists despite diversity efforts.

• May not be caused by discrimination

• Discrimination is different depending on race

and ethnicity.

• Our increasingly diverse society makes some

people hard to categorize

• For example, there are many groups that make

up Hispanics, though they have different ancestry.

• Color bias is not the same as racial bias,

though they overlap

Issues in Employment Discrimination (2 of 3)

• Gender issues are different from those

involving race, color and national origin

Major issues for women include:

• Getting out of traditional “women’s” jobs,

and into professional and managerial positions

• Achieving pay commensurate with that of

men

• Eliminating sexual harassment

• Being able to take maternity leave without

losing their jobs

Issues in Employment Discrimination (3 of 3)

• Other Forms of Employment Discrimination:

• Religious discrimination

workplace people with unfamiliar religions

• Retaliation

another and is retaliated against, may bring a complaint

• Sexual Orientation and Gender Identity

Discrimination

in instituting protections for lesbian, bay, bisexual and transgender (LGBT) employees

Other Forms of Employment Discrimination

Affirmative Action

in the Workplace

• Affirmative action is taking positive steps to

hire and promote people from groups that have been affected by a legacy of

discrimination

• Presidential Executive Order 11246 required

federal contractors to employ affirmative

action

• Controversy has led to claims of “ reverse

discrimination when minorities were hired

The Future of Affirmative Action

• Buying power of minority groups is

increasing rapidly.

• Growing business interest in diversity

programs and affirmative action.

• Bottom-line considerations

• Diversity practices remain potentially

controversial.

• Age Discrimination in

Employment Act (ADEA)

• Affirmative action

• Americans with

Disabilities Act (ADA)

• Bona fide occupational

• Major life activities

• Preferential treatment

• Pregnancy Discrimination Act of 1978

• Protected groups

• Quid pro quo

• Reasonable accommodation

• Age Discrimination in

Employment Act (ADEA)

• Affirmative action

• Americans with

Disabilities Act (ADA)

• Bona fide occupational

• Major life activities

• Preferential treatment

• Pregnancy Discrimination Act of 1978

• Protected groups

• Quid pro quo

• Reasonable accommodation