Equal Employment Opportunity: Decenzo and Robbins HRM 7Th E Dition 1

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CHAPTER 3

Equal Employment
Opportunity

DeCenzo and Robbins HRM 7th E

CHAPTER 3 TOPICS:

1:
2:
3:
4:
5:
6:
7:
8:
9:
10:

Civil Rights Act of 1964


Equal Employment Opportunity Act of 1972
Affirmative action
Adverse impact, for example
Americans with Disabilities Act of 1990
Family and Medical Leave Act of 1993
Discrimination charge defenses
Griggs v. Duke Power
Sexual harassment
Glass ceiling

DeCenzo and Robbins

1: CIVIL RIGHTS
LEGISLATION
Civil Rights Act of
1866
Civil Rights Act of
1964
Title VII
Title IX

DeCenzo and Robbins

1: TITLE VII PROHIBITS


DISCRIMINATION
IN
Hiring
Compensation
Terms, conditions or privileges of
employment

BASED ON
Race, religion, color, sex, national origin

25 OR MORE EMPLOYEES
DeCenzo and Robbins

2: EQUAL EMPLOYMENT
OPPORTUNITY ACT
Title VII Amendments
Enforcement
Interpretation

EEOC created
Prohibit discrimination
File civil suit
Coverage expanded
State and local
Educational institutions
Over 15 employees

DeCenzo and Robbins

3: AFFIRMATIVE ACTION
Stipulated by Title
VII
Preferential
treatment to
minority group
members
Recruiting
Hiring

DeCenzo and Robbins

3: REASONS FOR
AFFIRMATIVE ACTION
Majority workers
were white male
U.S. companies
were growing
Correct past
prejudice
Change had to
have legal and
social coercion
DeCenzo and Robbins

3: CURRENT
AFFIRMATIVE ACTION
Fair employment
Groups given preferential treatment
Individual performance should
determine employment actions
Goal: Equal employment opportunity
for all individuals

DeCenzo and Robbins

4: HOW TO DETERMINE
EEO?
Adverse impact
Consequence of
practice

Disparate impact
Adverse treatment
Treatment of
protected class

Disparate
treatment
DeCenzo and Robbins

4: AGE DISCRIMINATION
IN EMPLOYMENT ACT

1967
40 or 60 or ???
Save $$
Punitive damages
20+ employees
Government,
employment
agencies, labor
organizations
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4: PREGNANCY
DISCRIMINATION ACT

1978
Hire
Insure
Fire
Depends on other
benefits coverage

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5: AMERICANS WITH
DISABILITIES ACT
1990
Reasonable
accommodation
Reassignment
15 or more
employees
Private and public

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6: FAMILY AND MEDICAL


LEAVE ACT
1993
Family matters
(childbirth,
adoption, sick child)

12 weeks unpaid
Health insurance
Come back to a job
Who is covered?

DeCenzo and Robbins

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6: EXECUTIVE ORDERS
Protect federal
workers against
discrimination
11246
1965
Race, religion, color,
national origin
Office of Federal
Contract Compliance
Programs

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6: MORE EXECUTIVE
ORDERS
11375
Sex

11478
Political affiliation
Marital status
Physical disability

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6: CIVIL RIGHTS ACT OF


1991
Glass Ceiling Act
Punitive damages

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7: DETERMINING
DISCRIMINATION
Adverse impact on
more than one
individual
Tests indicate
risky/questionable
practices

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7: WAYS TO DETERMINE
DISCRIMINATION
4/5ths rule
Restricted policy
Geographical
comparison
McDonnell-Douglas
test

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7: 4/5TH RULE
EEOC guideline
Each step of the
selection process
Minority numbers
must be 80% of
majority numbers

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7: RESTRICTED POLICY
Through hiring
practices
Intentional or not

A protected class
Excluded from
consideration

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7: GEOGRAPHICAL
COMPARISON
Qualified pool of
applicants
MATCHED AGAINST

Characteristics of
employees
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7: MCDONNELL-DOUGLAS
TEST
Member of a
protected group
Qualified for job
Rejected
Enterprise then
continues to seek
other applicants
with similar
qualifications
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7: WHAT TO DO WHEN.
EEO ALLEGES
DISCRIMINATION
Business necessity
Bonafide
occupational
qualification
Seniority

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7: BUSINESS NECESSITY
Operate in a safe
and efficient
manner
Employees possess
appropriate
Skills
Knowledge
Abilities

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7: BFOQ
Title VII exceptions
Sex
Age
Religion

Job requirements
Reasonably
necessary to meet
the normal operation
of that business or
enterprise
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8: DISCRIMINATION
CASES
Griggs v. Duke Power
Albemarle Paper
Company v. Moody
Wards Cove Packing
Company v. Antonio

See Exhibit 3-5

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Exhibit 3-5: Summary of Selected Supreme Court


Cases Affecting EEO

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8: GRIGGS V. DUKE
POWER
Interpretative
guidelines for Title
VII
Employment testing
Employers have
burden of proof that
tests provide a
reasonable measure
of job performance
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8: ALBEMARLE PAPER
COMPANY V. MOODY
Use and validate
selection tests
Tests not validated
before use
Tests used for hiring
and promotion
Subjective
supervisor ratings
Validating process
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8: WARDS COVE PACKING


COMPANY
Salmon cannery
Burden of proof
shifted to
employee

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8: REVERSE
DESCRIMINATION
Allen Bakke
UC Davis Medical
School entrance
Seats could not be
set aside

Brian Webber
Kaiser Aluminum
training program
Endorsed voluntary
affirmative action

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8: YOUR HR ISSUES ARE


HRM practices may
be challenged by
anyone
SO.
Defend
Explain

OR ELSE

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9: ROLE OF EEOC
Notify organization
of charge
Notify organization
of findings
If cause
Informal process
Mediation meeting
EEOC may file
charges in court
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9: SEXUAL HARASSMENT
15,000 complaints
a year
Defined
Hostile environment
Interferes with work
Adversely affects
employment
opportunity

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9: ROLE OF HRM IN
SEXUAL HARASSMENT

Issue a policy
Establish procedure
Inform employees
Train managers
Investigate
Corrective action
Follow up
Review turnover
Privacy- recognition

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10: GLASS CEILING


Comparable worth
Invisible barrier to
promotion
Audit compliance
programs
Training
Organizational
culture

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QUICK: REVIEW
CHAPTER 3
ANSWER THESE QUESTIONS ON A
SHEET OF PAPER.
1. THE MOST IMPORTANT THING WE DID IN
CLASS TODAY _______.
2. I STILL HAVE QUESTIONS ABOUT___.
3. THE BEST THING ABOUT CLASS TODAY
WAS _______________.
4. DONT D0 ____________ ANYMORE.
TURN THEM IN, PLEASE. NO NAMES. WELL TALK
NEXT CLASS SESSION

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PREVIEW: CHAPTER 4
Ask 3 people you know:
Did you ever have to take a

drug test to get a job?


drug test to keep a job?
polygraph test to get a job?
polygraph test to keep a job?

Then ask about EMPLOYEE RIGHTS.


Write up their responses for 1 extra point on your final grade.

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Exhibit 3-1: Summary of Laws Affecting Discrimination

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Exhibit 3-2: Family and Medical Act

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Exhibit 3-3: Employer Communications Requirements


Under FMLA

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Exhibit 3-4: Applying the 4/5ths Rule

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