Chapter 3: Equal Employment Opportunity in HRM Flashcards
when did non-discriminatory employment practices receive a great deal of attention in the US?
mid 1950’s
three factors that influenced the growth of EEO legislation were…
1) [changing attitudes] toward employment discrimination
2) [published reports] highlighting the economic problems and injustices experienced by minority workers
3) [growing body of disparate discrimination laws] and regulations at different levels of government that legislators felt should be standardized
what is the main reason for companies to understand equal employment laws?
legal issues arise if they don’t
$50K - $300K are common for lawsuits
- fairness and ethics
- morale issues
- company’s reputation
- different decisions and interpretations of laws
- dynamic and complex
what role does HR play in legal issues?
advise managers on legality of personnel decisions
hiring, compensation, benefits, firing
HR CANNOT fix managements’ mess - managers need to know EEO laws
things like collection of legal and social policies, equal access to employment, and equal treatment after being employed
disparate treatment
employers treat an employee differently based on protected class
it is direct and intentional
disparate/adverse impact
same standard used for everyone, but negatively impacts a protected class
indirect and unintentional
mcdonnel douglas corp vs. green 1973 (disparate treatment)
percy green, a mechanic at MDC, was let go when the company downsized, and wasn’t rehired when the company started hiring again for his old position. He filed a case on race discrimination, but didn’t win because MDC had proof that he was involved in illegal barricading of a door at the company during a protest
civil rights act of 1866
extended to all people the right to enjoy full and equal benefits of all laws
unemployment relief act of 1933
prohibited employment discrimination on account of race, color, or creed (religious beliefs)
Executive order 8802
FDR issued it to ensure that every American citizen, regardless of race, creed, color, or national origin, would be guaranteed equal employment opportunities for workers employed by firms awarded WWII defense contracts
prima facie case
literally means “at first appearance” the plaintiff needs to present 4 pieces of “prima facie” evidence in order to put the burden of proof back on the defendant
griggs vs duke power 1971 (adverse impact)
high school diploma requirement impacted African american applicants disproportionately
heavy burden of proof on the employer to show that a test that discriminates unfairly is required by business necessity
protected classes
individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity
what provides the structure that governs equal employment opportunity?
federal laws and executive orders, court cases, and state and local statues
fair employment practices (FEP)
state and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small employers
sexual harassment
unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature
it can also include offensive remarks about a person’s sex
quid pro quo harassment
submission to or rejection of sexual conduct is used as a basis for employment decisions
hostile environment harassment
can occur when an unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment
four fifths rule
adverse impact exists if hiring rate of a protected class is less that 4/5ths of the hiring rate of a majority group
calculate by ensuring that 80% or more of a company’s employee base is made up of one protected class
hiring rate for classes=lower hiring rate/higher hiring rate
.64 women/.85 men = 75% is the rate of women being hired when compared to men
bona fide occupational qualification (RARE DEFENSE)
suitable defense against discrimination charges only when age, religion, sex, or national origin is an actual qualification for performing a job
business necessity
a work-related practice that is necessary to the safe and efficient operation of an organization
efficient, safe operation of company. not as restricted of a defense as BFOQ
equal employment opportunity (EEO)
idea that everyone has an equal chance for employment and to be treated equally after being hired or let go
regardless of race, color, age, religion, disability, sex, or genetic information
EEOC
EEO commission (agency that enforces federal laws prohibiting both workplace discrimination and harassment at work based on some protected class status
EEO laws
equal pay act of 1963
title 7 of the civil rights act of 1964
age discrimination in employment act of 1967 (ADEA)
Americans with disabilities act of 1990 (ADA)
rehabilitation act of 1973
genetic information nondiscrimination act 2008 (GINA)
equal pay act of 1963
prohibits wage discrimination based on sex when the work requires equal skill, effort and responsibility (and under similar working conditions)
same geographic region
merit pay, piece rate pay, different shifts, seniority
age discrimination in employment act (ADEA)
no discrimination against those 40 years and older
cannot force early retirement
court cases
Americans with disabilities act of 1990
employment discrimination prohibited against those with debilitates who are able to perform the essential functions of the job with or without reasonable accommodations
disability - physical or mental impairment that limits one or more of life’s major activities
essential functions - every employee must be able to do these to be effective at the job
reasonable accommodation - accommodating known disabilities; changing the job itself, equipment or workplace (braille, voice indicators, ramps, work stations)
genetic information nondiscrimination act of 2008 (GINA)
prohibits employment discrimination and/or harassment based on genetic information
generally prohibits employers from obtaining genetic information
Title 7 of civil rights act of 1964
unlawful for an employer to hire (or refuse to hire) or make other personnel decisions someone based on race, color, religion, sex, or national origin
includes religious holidays, clothing, accessories, and religious conduct on the job
pregnancy discrimination act of 1978
Title VII does not specifically address sexual orientation and gender identity (EEOC and courts say sex discrimination includes discrimination based on sexual orientation or gender identity)
best EEO practices
EEOC training, establish a compliant resolution process, only ask for a job and performance related information
document EVERYTHING
only ask for job performance related information
uniform guidelines on employee selection procedures
a procedural document published in the federal register to help employers comply with federal regulations against discriminatory actions
adverse impact
a concept that refers to the rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, non protected class
workforce utilization analysis
a process of classifying protected-class members by number and by the type of job they hold within the organization
record keeping and posting requirements
organizations subject to title 7 are required by law to maintain specific employment documents and records/reports
charge form
a discrimination complaint filed with the EEOC by employees or job applicants
what is the best way to prevent discrimination charges?
to have a comprehensive EEO policy
affirmative action
a policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions
chief diversity officer
a top executive responsible for implementing a firm’s diversity efforts
reverse discrimination
the act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination
ricci vs. destefanno 2009 (adverse impact in hiring method)
firefighters against the city of new haven (CT) was an adverse impact and reverse discrimination case when 19 firefighters alleged the city discriminated against them by invalidating a test for a promotion because no black firefighters had passed it with a score high enough to warrant promotion
in a split decision, the court ruled in the firefighters’ favor
it is illegal to discriminate in any aspect of employment, including:
hiring and firing compensation, assignment, or classification of employees transfer, promotion, layoff, or recall job advertisements recruitment testing use of company facilities training and apprenticeship programs fringe benefits pay, retirement plans, and disability leave other terms and conditions of employment
what are some examples of disabilities?
emotional/psychiatric/psychological back problems respiration diabetes heart hearing blood disorders cancer vision recovering from substance abuse AIDS over 100 lbs above ideal body weight (mixed on this)
Americans with Disabilities Amendment Act
enacted in 2008 in response to court rulings that had weakened the ADA. the ADAAA broadened the definition of what constitutes a disability.
previously, the courts ruled it was “a physical or mental impairment that substantially limits one or more of life’s major activities”
the new act makes it less likely a person will be denied protection because his or her condition does not seem severe enough or because it is improved by drugs, prosthetic devices, and so forth
beautyism
personnel decisions based on physical appearance (debrahlee lorenzana and breanna lewis)
if discrimination is tied to gender, title VII will provide protection (very little protection for strictly look discrimination)
