Human resource management mondy 13th edition chapter 03

Learning Objectives Cont.• Describe the Equal Employment Opportunity Commission and explain the purpose of the Uniform Guidelines on Employee Selection Procedures.. • Describe disparat

Human Resource

Management 13th Edition

Chapter 3 Workplace Diversity, Equal Employment Opportunity, and

Affirmative Action

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• Describe the recent trend against employee retaliation

• Identify some of the major Supreme Court decisions

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Learning Objectives (Cont.)

• Describe the Equal Employment Opportunity

Commission and explain the purpose of the Uniform

Guidelines on Employee Selection Procedures.

• Describe disparate treatment and adverse impact and

explain the Uniform Guidelines related to sexual

harassment, national origin, religion, and caregiver (family responsibility) discrimination.

• Explain affirmative action as required by presidential Executive Orders 11246 and 11375 and describe

affirmative action programs.

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HRM in Action: Lesbian, Gay, Bisexual, and Transgender Employees as a Protected

•Many companies have policies in support

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Diversity Management

Ensuring that factors are in place to:

• Provide for and encourage the continued development of a diverse workforce

• Meld actual and perceived differences among workers

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Components of the Diverse

• Dual-career families

• Workers of color

• Older workers

• People with disabilities

Single Parents and Working Mothers

• Women make up majority of American workforce

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Mothers Returning to the

• Often turn down relocations

• Want more workplace flexibility

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Workers of Color

• By 2016, 43% of new job applicants will be people of color

• Often experience stereotyping

• Often encounter misunderstandings and expectations

• Bicultural stress

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Older Workers

• Many Boomers deferred retirement

• United States faces rapid departure of Boomers

• Many companies try to keep the over-55 worker

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Persons with Disabilities

• Disabled workers do as well as unimpaired workers in terms of:

– Productivity – Attendance – Average tenure

• Costs for accommodations differ very little from those for general population

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• Large numbers of immigrants have settled in United States

• Require time to adapt

• Managers must work to understand different cultures and languages

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Foreign Workers

• The H-1B employment visa brings in upwards of 115,000 skilled foreign workers annually

• 85,000 are distributed to employers through a lottery system

• Exact number of H-1B visa holders is difficult to determine

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Young Persons, Some with Limited Education or Skills

• Lower labor force participation rate for young people

• Recent recession was especially harsh for 16-to-19-year-olds

• Often have poor work habits

• Can do many jobs well

• Jobs can be de-skilled

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experience to the workplace

• Recognized as having a great work ethic and a solid attendance record

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Generation X

• 41 million American workers born between the mid-1960s and late 1970s

• Possess lots of energy and promise

• Job instability and the breakdown of the traditional employer-employee relationship

• Think more as free agents and expect to build career security, not job security

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Generation Z or Digital Natives

• Born between 1995 and 2009

• More worldly, high-tech and confident

• Tend to have short attention spans

• Desire speed over accuracy

• Enjoy media that provides live social interaction

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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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Equal Employment Opportunity:

An Overview

• EEO modified since passage of:

– Equal Pay Act of 1963 – Civil Rights Act of 1964 – Age Discrimination in Employment Act of 1967

• Other congressional legislation

• Major Supreme Court decisions

• Executive orders signed into law

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Laws Affecting Equal Employment Opportunity

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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

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Equal Pay Act of 1963, Amended in 1972

• Cannot pay employee of one gender less money than employee of opposite gender if both employees do work that is substantially the same

• Work must:

– Require equal skill

– Require equal effort

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Lilly Ledbetter Fair Pay Act of

2009

• Claimed pay discrimination

• Court said that discrimination charges must be filed within 180 days

• Creates a rolling or open time frame for filing wage discrimination claims

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Title VII of Civil Rights Act of 1964,

Amended in 1972

• Greatest impact on HR management

• Illegal for employer to discriminate

• Applies to firms with 15 or more employees

• Created the Equal Employment Opportunity Commission (EEOC) to enforce Title VII

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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.

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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 impacts under Title VII

• Disparate impact: When certain actions in employment

process work to disadvantage of members of protected groups Discussed under topic of adverse impact

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Age Discrimination in Employment Act

Age Can Be Bona Fide Occupational Qualification

• Federal Aviation Administration can force commercial pilots to retire at age 65

• Greyhound did not violate ADEA when it refused to hire persons 35 years or older

as intercity bus drivers

• Likelihood of risk or harm to passengers was involved with both cases

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• Contracts exceeding $50,000, or if contractor has 50

or more employees: Employer must prepare written affirmative action plan

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Americans with Disabilities Act

of 1990 (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

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Americans with Disabilities Act:

Amendments Act of 2008

• Expanded the definition of “disability”

• More applicants and employees eligible for reasonable accommodations

• Broadened ADA's definition of disability by expanding term “major life activities”

• Did away with “substantially limited”

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Immigration Reform and Control

• Reduced threshold coverage to 4 employees

• Toughened criminal sanctions for employers who hire illegal aliens

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Illegal Immigration Reform and Immigrant Responsibility Act of 1996

• Passed partly because at least one of the terrorists who blew up World Trade Center had legally

entered on student visa

• Places severe limitations on persons who:

– Come to U.S and remain in country longer than permitted by their visas

– Violate their nonimmigrant status

• Penalties range from 3- to 10-year ban from

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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

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Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as Amended

• Originally referred to Vietnam era veterans

• Served in a campaign or expedition for which

a medal was issued

• Includes Desert Storm and the current engagements in the Middle East

• Prohibits federal contractors from discriminating against specified categories of

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Trends & Innovations: Employee

Retaliation

• Significant increase in number of employee retaliation charges

• Burlington Northern & Santa Fe Railway

Co v White—Lowered standard of proof

L.P.U.S.—Expanded scope of who might

bring a retaliation charge

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State and Local Laws

• State and local laws affect EEO

• When EEOC regulations conflict with state or local civil rights regulations, legislation more favorable to women and minorities applies

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Supreme Court Decisions Affecting

EEO

• Court interpretations continuously change, even though the law may not have been amended

• Significant U.S Supreme Court decisions affecting EEO

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Griggs v Duke Power Company

• Continues to be the benchmark case and example of disparate impact in employment law

• Prima facie evidence

• Questions that should be avoided if not job-related include credit record, conviction record, garnishment record,

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Albemarle Paper Company v

Phillips v Martin Marietta

– “ Do you wish to be addressed as Ms., Miss, or Mrs.?

– “Are you married?”

– “Do you have children?”

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Dothard v Rawlingson

• Company believed that minimum height and weight requirements for position of correctional counselor were job-related

• Court stated that this argument does not rebut prima facie evidence showing these requirements have a discriminatory impact

on women

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American Tobacco Company v

Patterson

• Supreme Court allowed seniority and promotion systems established since Title VII to stand, although they unintentionally hurt minority workers

• Seniority system would fall under the

Griggs rationale if it were not for Section

703(h) of the Civil Rights Act

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O’Connor v Consolidated Coin

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Supreme Court Decisions Affecting

Affirmative Action

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University of California Regents

v Bakke

• University of California had reserved 16 places in each beginning medical school class for minorities

• Bakke, a white man, was denied admission even though he scored higher

• University admitted Bakke after court ruled in his favor

• Court reaffirmed that race may be taken into

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Grutter v Bollinger

• Appeared to support the Bakke decision

• Schools may favor black, Hispanic, and other minority students in admissions

• Must take the time to assess each applicant’s background and potential

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discriminatory test existed

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Equal Employment Opportunity

Commission

• Title VII of the Civil Rights Act, as amended, created the Equal

Employment Opportunity Commission

• Filing a discrimination charge initiates EEOC action

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Steps in Handling a Discrimination Case

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Factors that Determine whether EEOC will Pursue Litigation

– Number of people affected by alleged practice

– Amount of money involved in charge – Other charges against employer

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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, gender,

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Concept of Disparate Treatment

• Employer treats some people less favorably than others because of: race, religion, sex, national origin, and age

• Most easily understood form of discrimination

• McDonald v Santa Fe Trail Transportation Company (1977) offers an example of

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Concept of Adverse Impact

• Defined in terms of selection rates

• Established by Uniform Guidelines

• Occurs if women and minorities are not hired at rate of at least 80% of best-

achieving group

• Also called the four-fifths rule

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Adverse Impact Example

• During 2013, 300 blacks and 300 whites were hired

– 1,500 qualified black applicants – 1,000 qualified white applicants – Using the adverse impact formula, you have: 300/1500 = 0.2

300/1000 = 0.3 = 66.67%

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Additional Guidelines

• Guidelines on Sexual Harassment

• Guidelines on Discrimination Because

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

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Sexual Harassment (Cont.)

• Employers are liable for acts of supervisors, regardless of whether employer is aware of the sexual harassment

• Employer is responsible for acts of co-workers if employer knew, or should have known, about the acts

• Employer may be liable for acts committed by nonemployees in workplace

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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

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Guidelines on Discrimination Because of Religion

• Obligation to accommodate religious practices unless employer can

demonstrate a resulting hardship

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Methods for Accommodating

Religious Practices

• Voluntary substitutes

• Flexible scheduling

• Lateral transfers

• Change in job assignments

• Unions can permit donations

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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

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Avoiding EEO Litigation

• Suits are still being brought and won because of mistakes in adherence to standards

• Need a strong EEO policy against discrimination

• May still be breakdowns

• Provided an opportunity to train employers

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Affirmative Action

• President Harry S Truman officially ended racial segregation in all branches of the military

by issuing Executive Order 9981 in 1948

• Officially, affirmative action began in 1965 when President Lyndon B Johnson signed EO 11246

• Prohibits discrimination in employment because of race, creed, color, or national origin

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Executive Order 11246

• Providing equal opportunity in federal employment

• Prohibits discrimination in employment

because of race, creed, color, or national

origin

• Positive, continuing program in each executive department and agency

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Executive Order 11375

In 1968, changed word “creed” to

“religion” and added sex discrimination

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Affirmative Action Programs

Approach developed by organizations with government contracts to

demonstrate that workers are employed in proportion to their representation in firm's relevant labor market

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Degree of Control OFCCP

• When contracts exceed $1 million:

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What Is Included in an AAP?

• Develop a policy statement

• Analyze deficiencies in utilization of minority groups and women

• Conduct a utilization analysis

• Analyze of all major job groups

• Underutilization: Having fewer minorities or

women in particular job group than would reasonably be expected by their availability

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Underutilization Example

• If utilization analysis shows availability of blacks for certain job group is 30%,

organization should have at least 30%

black employment in that group

• If actual employment is less than 30%, underutilization exists, and firm should set

a goal of 30% black employment for that

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Primary Focus

• Goals and timetables

• Annual and ultimate

• Annual goal: Move toward elimination of underutilization

• Ultimate goal: Correct all underutilization

• Should not establish inflexible quotas that must be met

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