Chapter 3 Equal Employment Opportunity Civil rights acts of 1964 and 1991 Women in the workforce Sexual harassment Aging workforce Reasonable accommodations Affirmative action Diversity training
Equal employment opportunity (EEO) • Discrimination between items or people • Race • Sex/gender • Age • Disabilities • Military experience • Religion • Marital statues (some states) • Sexual orientation (some states) • Protected classes
Disparate treatment • Different standards are used to judge individuals • The same standard is used but it is not related to the individuals’ jobs • Occurs when members of one group are treated differently from others: test for women but not men
Disparate impact • Occurs when members of a protected category are substantially underrepresented as a result of employment decisions that work to their disadvantage. • Griggs v Duke Power, 1971 • Showing lack of intent to discriminate is not enough to be innocent • Employer has burden of proof that an employment requirement is directly job related as a business necessity
Equal employment opportunity concepts • Business necessity - you may have to read, but is a High School diploma necessary • Washington v. Davis - police officers had to read and comprehend an actual part of their training manual to pass the test…It was not discriminatory because more white men past.
Bona fide occupational qualification(BFOQ) • Employers can discriminate on the basis of sex, religion, or national origin if characteristics are BFOQ • The reason an employer can exclude someone on otherwise illegal bases of consideration
Burden of Proof: • FOR A PLAINTIFF TO FILE – must be protected category member and prove that disparate impact or disparate treatment existed
Nonretaliation • When employers take punitive actions against individuals who exercise their legal rights • Legal case from 2010….
Equal employment opportunity • Equal employment – employment that is not affected by illegal discrimination • Blind differences- differences among people should be ignored and everyone should be treated equally. • Affirmative action- employers are urged to employ people based on their race, age, gender, or national origin
Race/ethnic/national origin • Civil Rights Act of 1964, Title VII- created Equal Employment Opportunity Commission(EEOC) to enforce rules • Title VII, 1972- 15 employees, all educational institutions, governments, employment agencies, labor unions. In 1980-sexual harassment was added • Executive Orders 11246,11375,and 11478- government contractors cannot discriminate • Civil Rights Act of 1991- demonstrate an employment practice is job related for the position and is consistent with business necessity. Protected class status played some role in their treatment. • Managing racial and national origin issues • Racial/ethnic harassment • Affirmative Action-employers are “urged to hire groups of people based on their race, age, gender, or national origin to make up for historical discrimination. New Haven case: fear of legal action is not reason to not do something • Managing affirmative action- Affirmative Action Plan (AAP)- annual document compiled by employer to submit to enforcement agencies. Government contractors must do this and other may voluntarily or by court order • AAP Metrics: Availability analysis- number of protected class available to work in labor market and Utilization analysis identifies the number of protected class members employed.
Sex/gender discrimination laws and regulations • Pregnancy Discrimination Act (PDA) of 1978- maternity leave is like any other medical leave. • FMLA of 1993- individuals are given up to 12 weeks of leave without pay and may return to their jobs • Equal Pay Act of 1963 – pay similar wages for similar work. Differences: seniority, performance, quality/quantity of work, and factors other than sex like skill, effort, and working condition. Ledbetter case in 1979 • Lilly Ledbetter Fair Pay Act in 2009 eliminated the statute of limitations to file pay discrimination claims • Pay equity- pay for jobs requiring comparable levels of knowledge, skill, and ability should be similar, even if actual duties differ significantly. Also called comparable worth • Sexual harassment- actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment
Sex and gender issues Non traditional jobs – architecture, detectives, chefs, pilots….and women by Supreme Court, cannot be reassigned to protect their health or unborn baby with less pay Class Ceiling – discriminatory practices that have prevented women and other protected class members from advancing. Breaking the glass
Differing sexual orientation – Federal courts: EEOC – gender at birth, is person’s gender. • Nepotism – allowing relatives to work for the same employer • Consensual relationships and romance at work • Sexual harassment – Quid pro quo: something for something and Hostile work environment: individual’s work performance or psychological well being is unreasonably affected by intimidating or offensive working conditions • Employer’s response: est. policy, communicate policy, train employees, investigate.. • Evidence shows different in different countries
Individuals with disabilities-ADAAA • Essential job functions • Reasonable accommodations • Undue hardship – too expensive or undue hardship on employer • Genetic Bias regulation and Genetic Information Nondiscrimination Act (GINA): cannot collect information for insurance from genetic tests
Managing disabilities in the workforce • P. 93 : what to ask and what not to ask when hiring • Employees that develop disabilities: handling accommodation requests--- it is the process more than the end result • ADAAA adaption: define the essential functions (job description) in advance, handle all requests, interact with employee in good faith, know and follow reasonable accommodation rules
Age and equal employment opportunity • Age Discrimination in Employment Act (ADEA), 1967 • Supreme Court – state employees may not sue state governments employers in federal courts because of ADEA as it is FEDERAL LAW. • Older Workers Benefit Protection Act (OWBPA) – signing liability waivers in exchange for severance packages • Overqualified: too old • Phased retirement: a strategy used to maintain older workers, employees gradually reduce their workloads and pay levels
Religion and spirituality in the workplace • Title VII of Civil Rights Act: illegal to discriminate on religion • Dress and appearance • Holidays – work schedules – time for prayer • Bible studies • Hostile work environment if non Christians feel discriminated against
Other discrimination • Immigration Reform and Control Acts (IRCA): I9 Forms, verify documents • I9 Training • Visas • Language issues: safety requirements to speak English….versus bilingual needs • Military Status and Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994: employees are required to notify their employers of military service obligations and employee has absence job protection
Sexual orientation • Transvestites are not protected under ADAAA for having sexual behavior disorders--- • Domestic partner benefits – state to state and company to company • Appearance and Weight Discrimination: • You can set a dress code, as long as it is applied uniformly • Family Responsibility Discrimination (FRD): discrimination against caregivers at work
Diversity Training • Legal awareness • Cultural awareness • Sensitivity awareness