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
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.



Equal employment opportunity eeo an overview
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
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
Illegal for an Employer to Discriminate

Age

Disability

Equal Compensation

National origin

Pregnancy

Race

Sex

Religion

Retaliation

Sexual Harassment


Age discrimination in employment act of 1967 amended in 1978 1986
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
Civil Rights Act of 1991 1978 & 1986

  • 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 Discrimination Act of 1978 1978 & 1986

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
Americans with Disabilities Act (ADA) 1978 & 1986

  • 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
Interpretative Guidelines on Sexual Harassment 1978 & 1986

  • 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 1978 & 1986

    State and local laws affect EEO

    BOLI – Bureau of Labor and Industries

    Enforces labor and employment laws


    Equal employment opportunity commission eeoc
    Equal Employment Opportunity Commission (EEOC) 1978 & 1986

    • 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
    Significant U.S. Supreme Court Decisions 1978 & 1986

    • 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
    Griggs v Duke Power Company 1978 & 1986

    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
    Phillips v Martin Marietta Corporation 1978 & 1986

    • 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. 1978 & 1986

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

    • Courts required training and regular reporting


    EEOC v. Fisher Sand & Gravel Co. 1978 & 1986

    • 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
    Uniform Guidelines on Employee Selection Procedures 1978 & 1986

    Provides a framework for making legal employment decisions about:

    • Hiring

    • Promotion

    • Demotion

    • Referral

    • Retention

    • Use of testing

    • Other selection procedures


    Concept of adverse impact
    Concept of Adverse Impact 1978 & 1986

    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 impact1
    Concept of Adverse Impact 1978 & 1986

    • 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 impact2
    Concept of Adverse Impact 1978 & 1986

    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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