Chapter 3: Equal Employment Opportunity in HRM

Question 1

when did non-discriminatory employment practices receive a great deal of attention in the US?

Answer 1

mid 1950’s

Question 2

three factors that influenced the growth of EEO legislation were…

Answer 2

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

Question 3

what is the main reason for companies to understand equal employment laws?

Answer 3

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

Question 4

what role does HR play in legal issues?

Answer 4

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

Question 5

disparate treatment

Answer 5

employers treat an employee differently based on protected class

it is direct and intentional

Question 6

disparate/adverse impact

Answer 6

same standard used for everyone, but negatively impacts a protected class

indirect and unintentional

Question 7

mcdonnel douglas corp vs. green 1973 (disparate treatment)

Answer 7

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

Question 8

civil rights act of 1866

Answer 8

extended to all people the right to enjoy full and equal benefits of all laws

Question 9

unemployment relief act of 1933

Answer 9

prohibited employment discrimination on account of race, color, or creed (religious beliefs)

Question 10

Executive order 8802

Answer 10

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

Question 11

prima facie case

Answer 11

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

Question 12

griggs vs duke power 1971 (adverse impact)

Answer 12

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

Question 13

protected classes

Answer 13

individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity

Question 14

what provides the structure that governs equal employment opportunity?

Answer 14

federal laws and executive orders, court cases, and state and local statues

Question 15

fair employment practices (FEP)

Answer 15

state and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small employers

Question 16

sexual harassment

Answer 16

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

Question 17

quid pro quo harassment

Answer 17

submission to or rejection of sexual conduct is used as a basis for employment decisions

Question 18

hostile environment harassment

Answer 18

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

Question 19

four fifths rule

Answer 19

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

Question 20

bona fide occupational qualification (RARE DEFENSE)

Answer 20

suitable defense against discrimination charges only when age, religion, sex, or national origin is an actual qualification for performing a job

Question 21

business necessity

Answer 21

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

Question 22

equal employment opportunity (EEO)

Answer 22

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

Question 23

EEOC

Answer 23

EEO commission (agency that enforces federal laws prohibiting both workplace discrimination and harassment at work based on some protected class status

Question 24

EEO laws

Answer 24

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)

Question 25

equal pay act of 1963

Answer 25

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

Question 26

age discrimination in employment act (ADEA)

Answer 26

no discrimination against those 40 years and older

cannot force early retirement

court cases

Question 27

Americans with disabilities act of 1990

Answer 27

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)

Question 28

genetic information nondiscrimination act of 2008 (GINA)

Answer 28

prohibits employment discrimination and/or harassment based on genetic information

generally prohibits employers from obtaining genetic information

Question 29

Title 7 of civil rights act of 1964

Answer 29

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)

Question 30

best EEO practices

Answer 30

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

Question 31

uniform guidelines on employee selection procedures

Answer 31

a procedural document published in the federal register to help employers comply with federal regulations against discriminatory actions

Question 32

adverse impact

Answer 32

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

Question 33

workforce utilization analysis

Answer 33

a process of classifying protected-class members by number and by the type of job they hold within the organization

Question 34

record keeping and posting requirements

Answer 34

organizations subject to title 7 are required by law to maintain specific employment documents and records/reports

Question 35

charge form

Answer 35

a discrimination complaint filed with the EEOC by employees or job applicants

Question 36

what is the best way to prevent discrimination charges?

Answer 36

to have a comprehensive EEO policy

Question 37

affirmative action

Answer 37

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

Question 38

chief diversity officer

Answer 38

a top executive responsible for implementing a firm’s diversity efforts

Question 39

reverse discrimination

Answer 39

the act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination

Question 40

ricci vs. destefanno 2009 (adverse impact in hiring method)

Answer 40

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

Question 41

it is illegal to discriminate in any aspect of employment, including:

Answer 41

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

Question 42

what are some examples of disabilities?

Answer 42

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)

Question 43

Americans with Disabilities Amendment Act

Answer 43

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

Question 44

beautyism

Answer 44

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)