Human Resource Management Chapter 3 WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY, AND AFFIRMATIVE ACTION

HRM in Action: Sequencing Moms, Bringing Them Back • Today, more new mothers are leaving the labor force only to return later, often called sequencing moms • Major employers are reaching out to sequencing moms to be sure they do not make a permanent exit • Tangible shift toward companies accepting returning women professionals © 2008 by Prentice Hall

Projected Future Diverse Workforce • By 2010, civilian labor force is projected to increase by 17 million to 158 million. • U.S. workforce will become more diverse • U.S. Department of Labor projects by 2013, available jobs will outnumber workers by 6.7 million and by 2030, available jobs will outnumber workers by 30 million. © 2008 by Prentice Hall

Diversity and Diversity Management Diversity - Any perceived difference among people: age, race, religion, functional specialty, profession, sexual orientation, geographic origin, lifestyle, tenure with organization, or position, and any other perceived difference. © 2008 by Prentice Hall

Diversity Management Ensuring factors are in place to provide for and encourage continued development of diverse workforce by melding actual and perceived differences among workers to achieve maximum productivity © 2008 by Prentice Hall

Single Parents & Working Mothers Women in Business Dual Career Families Workers of Color Older Workers Persons with Disabilities Immigrants Young Persons with Limited Education/Skills Educational Level of Employees Managing Diverse Workforce:Various Components © 2008 by Prentice Hall

Single Parents and Working Mothers • Number is growing • Many marriages end in divorce • Widows and widowers who have children • Need alternative child-care arrangements • 72% of mothers with children under 18 are in work force © 2008 by Prentice Hall

Women in Business • Account for 45% of workforce • Hold half of all management, professional, and related occupations • Over 9 million women-owned businesses • Increasing number of nontraditional households • Organizations must address work/family issues © 2008 by Prentice Hall

Dual Career Families • Both husband and wife have jobs and family responsibilities • Majority of children growing up today have both parents working outside home • Some have established long-distance jobs • Want more workplace flexibility • Revised nepotism policy © 2008 by Prentice Hall

Workers of Color • Often experience stereotypes • Often encounter misunderstandings and expectations • Bicultural stress • Socialization in one’s culture of origin can lead to misunderstandings in workplace © 2008 by Prentice Hall

Older Workers • Population is growing • Long-term labor shortage is developing • Many organizations actively courting older employees to remain on job longer • Needs and interests may change • May require retraining © 2008 by Prentice Hall

Persons with Disabilities • Limits amount or kind of work person can do or makes its achievement unusually difficult • Perform as well as unimpaired in productivity, attendance and average tenure • ADA prohibits discrimination against qualified individuals with disabilities • Serious barrier is bias, or prejudice • Manager can set the tone © 2008 by Prentice Hall

Immigrants • Large numbers of immigrants from Asia and Latin America have settled in many parts of United States • Newer immigrants require time to adapt • Managers must work to understand different cultures and languages © 2008 by Prentice Hall

Young Persons with Limited Education or Skills • Many thousands of young, unskilled workers are hired • Poor work habits • Tardy or absent • Can do many jobs well • Jobs can be de-skilled © 2008 by Prentice Hall

Educational Level of Employees • Bipolar country with regard to education • Half of new jobs need some education beyond high school • Those with limited education will be left out of empowerment effort © 2008 by Prentice Hall

Trends & Innovations: Superdads • Majority of men today are vastly more involved in the rearing of their children and maintenance of their households than their fathers were • Job of stay-at-home dad is becoming more attractive to today’s working dads • Have disadvantage of having few role models to show them the way © 2008 by Prentice Hall

Equal Employment Opportunity: An Overview • EEO modified since passage of Equal Pay Act of 1963, Civil Rights Act of 1964, and Age Discrimination in Employment Act of 1967 • Congress has passed other legislation • Major Supreme Court decisions interpreting provisions handed down • Executive orders signed into law © 2008 by Prentice Hall

Civil Rights Act of 1866 • Oldest federal legislation affecting staffing • Based on Thirteenth Amendment • No statute of limitations • Employment is a contractual arrangement © 2008 by Prentice Hall

Equal Pay Act of 1963 • Prohibits employer from paying employee of one gender less money than employee of opposite gender, if both employees do work that is substantially the same • Jobs considered substantially the same when they require equal skill, effort, and responsibility and they are performed under similar working condition © 2008 by Prentice Hall

Title VII of Civil Rights Act of 1964 -- Amended 1972 • Greatest impact on HR management • Illegal for employer to discriminate • Fifteen or more employees • Exceptions to Title VII • Persons not covered by Title VII • Created the Equal Employment Opportunity Commission (EEOC) © 2008 by Prentice Hall

Age Discrimination in Employment Act Of 1967--amended In 1978 & 1986 • Illegal to discriminate against anyone 40 years or older • Administered by EEOC • Pertains to employers who have 20 or more employees • Provides for trial by jury • Possible criminal penalty • Older Workers Benefit Protection Act (OWBPA) © 2008 by Prentice Hall

Age Can Be Bona Fide Occupational Qualification • Federal Aviation Administration can force commercial pilots to retire at 60 • Greyhound did not violate ADEA when refused to hire persons 35 years or older as intercity bus drivers • Likelihood of risk or harm to passengers was involved with both cases © 2008 by Prentice Hall

Rehabilitation Act of 1973 • Prohibits discrimination against disabled workers • Government contractors, subcontractors, and organizations • Two primary levels • $2,500 required to post notices they agree to take affirmative action to recruit, employ, and promote qualified disabled individuals © 2008 by Prentice Hall

Rehabilitation Act of 1973 (Cont.) • If contract or subcontract exceeds $50,000, or if contractor has 50 or more employees, employer must prepare written affirmative action plan • Administered by Office of Federal Contract Compliance Programs (OFCCP) © 2008 by Prentice Hall

Pregnancy Discrimination Act of 1978 • Amendment to Title VII of Civil Rights Act • Pregnancy, childbirth, or related medical condition • Questions about family plans, birth control techniques, and the like may be discriminatory because they are not asked of men • Benefits area also covered © 2008 by Prentice Hall

Immigration Reform and Control Act (IRCA) of 1986 • Granted amnesty to approximately 1.7 million long-term unauthorized workers • Established criminal and civil sanctions against employers who knowingly hire unauthorized aliens • Reduces threshold coverage to 4 employees • Toughened criminal sanctions for employers who hire illegal aliens © 2008 by Prentice Hall

Immigration Reform and Control Act (IRCA) of 1986 (Cont.) • Denied illegal aliens federally funded welfare benefits • Legitimized some aliens through an amnesty program • Candidates for employment are not required to be U. S. citizens but they must prove they are eligible to work in the United States © 2008 by Prentice Hall

Immigration Reform and Control Act (IRCA) of 1986 (Cont.) • Employers must require all new employees to complete and sign a verification form (Form I-9) to certify their eligibility for employment • Establish their eligibility for employment by presenting a U.S. passport, alien registration card with photograph, or a work permit that establishes the person’s identity and employment eligibility © 2008 by Prentice Hall

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 • Passed partly in response to the fact that at least one of the terrorists who blew up World Trade Center (1993) had legally entered on a student visa • Places severe limitations on persons who come to United States and remain in the country longer than permitted by their visas and/or persons who violate their nonimmigrant status • Three year ban • Ten year ban © 2008 by Prentice Hall

Americans with Disabilities Act of 1990 (ADA) • Prohibits discrimination against qualified individuals with disabilities • Person who has, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities, and has a record of such an impairment, or is regarded as having such an impairment © 2008 by Prentice Hall

Americans with Disabilities Act (ADA) (Cont.) • EEOC guidelines on pre-employment inquiries and tests regarding disabilities prohibit inquiries and medical examinations intended to gain information about applicants’ disabilities before a conditional job offer • Ask only about potential employees’ ability to do the job, and not about their disabilities © 2008 by Prentice Hall

Civil Rights Act of 1991 • Provide appropriate remedies for intentional discrimination and unlawful harassment • Codify business necessity and job related • Confirm authority and guidelines for finding of disparate impacts under Title VII. Disparateimpact occurs when certain actions in the employment process work to the disadvantage of members of protected groups. • Concept discussed under the topic of adverse impact. © 2008 by Prentice Hall

Civil Rights Act of 1991 (Cont.) • Expand scope of relevant civil rights statutes to provide adequate protection to victims of discrimination • Extraterritorial employment • Does not apply to U.S. companies operating in other countries if it would violate laws or customs of foreign country • Glass Ceiling Act © 2008 by Prentice Hall

Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 • Provide protections to Reservists and National Guard members • Workers entitled to return to civilian employment after completing military service • Intended to eliminate or minimize employmentdisadvantages to civilian careers that can result from service in uniformedservices © 2008 by Prentice Hall

Veterans’ Benefits Improvement Act (VBIA) of 2004 • Amends portions of the USERRA • Enhances housing, education, and other benefits for veterans • Requires employers to post a notice informing employees of their rights under USERRA • Increases the health care continuation period for employees on military leave from 18 months to 24 months © 2008 by Prentice Hall

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 © 2008 by Prentice Hall

Significant U.S. Supreme Court Decisions • Griggs v Duke Power Company • Albermarle Paper Company v Moody • Phillips v Martin Marietta Corporation • Espinoza v Farah Manufacturing Company • Dothard v Rawlingson • University of California Regents v Bakke © 2008 by Prentice Hall

Significant U.S. Supreme Court Decisions (Cont.) • American Tobacco Company v Patterson • Adarand Constructors v Pena • Grutter v Bollinger • Gratz v Bollinger • O'Connor v Consolidated Coin Caterers Corp. © 2008 by Prentice Hall

Griggs v Duke Power Company • Major decision affecting HR management • When HR management practices eliminate higher percentage of minority or women applicants, burden of proof on employer to show practice is job related © 2008 by Prentice Hall

Griggs v Duke Power Company (Cont.) • Questions in employment procedures that should be avoided if not job related include credit record, conviction record, garnishment record, and education • Asking nonjob-related questions is legal; it is how a hiring person uses information that makes it illegal © 2008 by Prentice Hall

Albermarle Paper Company v Moody Reaffirmed idea that any test used in selection process, or in promotion decisions, must be validated if it has an adverse impact on women and minorities © 2008 by Prentice Hall

Phillips v Martin Marietta Corporation • Company discriminated against woman because she had young children • Major implication – Firm cannot impose standards for employment only on women • Neither application forms nor interviews should contain questions for women that do not also apply to men © 2008 by Prentice Hall

Phillips v Martin Marietta Corporation (Cont.) Examples of questions that should not be asked are: • Do you wish to be addressed as Ms., Miss, or Mrs.? • Are you married? • Do you have children? • Do you plan on having any more children? • Where does your spouse work? © 2008 by Prentice Hall

Human Resource Management Chapter 3 WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY, AND AFFIRMATIVE ACTION