Equal employment opportunity
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EQUAL EMPLOYMENT OPPORTUNITY. Chapter Objectives. Learn about major laws affecting equal employment opportunity. Learn about court decisions that have had an impact on equal employment opportunity. Discuss the Uniform Guidelines Explain adverse impact.

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Chapter Objectives

  • Learn about major laws affecting equal employment opportunity.

  • Learn about court decisions that have had an impact on equal employment opportunity.

  • Discuss the Uniform Guidelines

  • Explain adverse impact.

Laws Affecting Equal Employment Opportunity

Equal Employment Opportunity(EEO) An Overview

  • EEO has been modified since passage of the Civil Rights Act in 1964.

  • Congress has passed other legislation to strengthen EEO

  • Held employers accountable for taping the abilities of the underutilized workforce in the 1960s

  • EEO has become an integral part of the workplace

Title VII of the Civil Rights Act of 1964 -- Amended 1972

  • Greatest impact on human resource management

  • Illegal for an employer to discriminate

  • Fifteen or more employees

  • Created the Equal Employment Opportunity Commission (EEOC)

Illegal for an Employer to Discriminate



Equal Compensation

National origin






Sexual Harassment

Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986

  • ADEA - Illegal to discriminate against anyone 40 years or older

  • Pertains to employers who have 20 or more employees

  • Provides for a trial by jury

  • Possible criminal penalty and back wages

Civil Rights Act of 1991

  • Provide appropriate remedies for intentional discrimination and unlawful harassment

  • Codify the concepts of business necessity and Bonda Fide Occupational Qualifications (BFOQ)

  • Confirm authority and guidelines for finding of adverse impacts under Title VII

  • Glass Ceiling Act: established a commission to study how companies fill management and decision-making positions

Pregnancy Discrimination Act of 1978

Pregnancy, childbirth, or related medical condition

Protection against being fired, refused a job or promotion

Entitled to benefits and sick leave

Americans with Disabilities Act (ADA)

  • Prohibits discrimination against qualified individuals with disabilities

  • Prohibits discrimination in all employment practices: hiring, firing, job application process, advancement, compensation and training

  • 15 or more employees

Interpretative Guidelines on Sexual Harassment

  • Where a hostile work environment is created

  • When there is a quid pro quo situation

    • Example: Offer for promotion or pay raise in exchange for sex

  • Employers are liable for employees and non-employees

  • Key: Develop programs, communicate policy, develop

    procedures and investigate-take appropriate action

  • State and Local Laws

    State and local laws affect EEO

    BOLI – Bureau of Labor and Industries

    Enforces labor and employment laws

    Equal Employment Opportunity Commission (EEOC)

    • Filing a discrimination charge initiates EEOC action.

    • Charges must be filled within 180 days of alleged act

    • EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

    • Individual or organization/agency can file

    • Visit: www.eeoc.gov

    Significant U.S. Supreme Court Decisions

    • Griggs v. Duke Power Company

    • Phillips v. Martin Marietta Corporation

    • EEOC v. Britthaven, Inc.

    • EEOC v. Fisher Sand & Gravel Co.

    Griggs v Duke Power Company

    When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.

    Phillips v Martin Marietta Corporation

    • Court ruled that the company had discriminated against a woman because she had young children.

    • Major implication – firm cannot impose standards for employment only on women

    EEOC v. Britthaven Inc.

    • Courts ruled that Britthaven, Inc. engaged in pregnancy discrimination

    • Courts required training and regular reporting

    EEOC v. Fisher Sand & Gravel Co.

    • Courts ruled that Britthaven, Inc. engaged in hostile work environment

    • Courts required polices to eradicate sexual harassment in the workplace

    Uniform Guidelines on Employee Selection Procedures

    Provides a framework for making legal employment decisions about:

    • Hiring

    • Promotion

    • Demotion

    • Referral

    • Retention

    • Use of testing

    • Other selection procedures

    Concept of Adverse Impact

    Defined in terms of selection rates

    Number of applicants hired or promoted

    Total number of applicants

    Occurs when women and minorities are not hired at

    a rate of 80% of the best achieving group

    Concept of Adverse Impact

    • If company ABC hired 50% all white engineers who applied

    • Must hire a minimum of 40% non-white engineers who applied (in the protected class Hispanic, Asians or Blacks)

    • If not, the company ABC will be in volition of the 4/5th rule

    • Selection devices (assessments) could have adverse impact

    Concept of Adverse Impact

    Two Avenues for Confirmation:

    • Validate a selection device to show it is a predictor of success

    • BFOQ – only one group is capable of performing the job

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