Human Resource Management Equal Employment Opportunity CHAPTER 3

Human Resource Management Equal Employment Opportunity CHAPTER 3 Robert L. Mathis | John H. Jackson | Sean R. Valentine 14 e © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Learning Objectives Identify the major government agencies that enforce employment discrimination laws Outline key provisions in the Civil Rights Acts of 1964 and 1991 and compare the two theories of unlawful employment discrimination Show women are affected by pay, job assignments, and career issues © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Learning Objectives Distinguish between the two types of sexual harassment and explain how employers can prevent its occurrence List key elements of disability discrimination laws Discuss the legal protections to prevent bias and discrimination based on age, religion, national origin, and other factors © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Nature of Equal Employment Opportunity Unlawful discrimination - Making employment decisions on the basis of: Protected characteristics: Attribute about an individual that is protected under EEO laws and regulations Age and color Disability Genetic Military information and marital status (some states) status or experience © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Nature of Equal Employment Opportunity National origin Pregnancy Race and religion Sexual orientation (some states and cities) Equal Employment Opportunity (EEO): Employment that is not affected by illegal discrimination Status blind: Emphasizes that differences among people should be ignored and everyone should be treated equally © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Sources of Regulation and Enforcement Federal State statutes enacted by the legislature and city legislatures Courts Interpret Rule the laws on cases © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Sources of Regulation and Enforcement Government Issue agencies guidelines and rules for law implementation Equal Employment Opportunity Commission (EEOC) Enforces employment laws for employers Department of Labor - oversees compliance with employment-related laws © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Theories of Unlawful Discrimination Disparate treatment: Members of a group are treated differently from others Different standards used to judge different people Same standard is used, but it is not related to the individuals’ jobs Is overt and intentional Ricci v. De. Stefano (2009) case © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Theories of Unlawful Discrimination Disparate impact Members of a protected category are substantially underrepresented as a result of employment decisions that work to their disadvantage Griggs vs. Duke Power (1971) decision © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Figure 3. 2 - EEO Concepts © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Equal Employment Opportunity Concepts Business Necessity • Practice necessary for safe and efficient organizational operations Bona Fide Occupational Qualification (BFOQ) • Provide a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration Burden of Proof • Individuals who file suit against employers must establish that illegal discrimination has occurred • Through either factual or statistical evidence • Prima facie case - Sufficient evidence provided to the court to support the case and allow the plaintiff to continue with the claim © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Retaliation Punitive actions taken by employers against individuals who exercise their legal rights To prevent charges of retaliation Create Train and disseminate an antiretaliation policy supervisors Review performance evaluation Conduct Take a thorough internal investigation appropriate action © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Civil Rights Act of 1964, Title VII Made Fail it illegal for employers to: or refuse to hire or discharge any individual Discriminate with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, sex, or national origin Limit, segregate, or classify employees or applicants for employment in any way that would: Deprive any individual of employment opportunities Adversely affect an employee because of his/her race, color, religion, sex, or national origin © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Coverage of Civil Rights Act of 1964, Title VII Private All employers of 15 or more employees educational institutions, public and private State and local governments Public and private employment agencies Labor unions with 15 or more members Joint labor/management committees for apprenticeships and training © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Other Equal Employment Laws The Civil Rights Act of 1991 • Requires employers to show that an employment practice is job related for the position and is consistent with business necessity • Creates provision to claim compensatory and punitive damages for the victims of intentional discrimination Executive Orders 11246, 11375, and 11478 • Require taking affirmative action to compensate for historical discrimination against women, minorities, and handicapped individuals • Affirmative action: Proactive employment practices to make up for discrimination against women and minorities © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Managing Affirmative Action Requirements © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Managing Racial and Ethnic Discrimination Issues Solution Adopt - Use anonymous application procedures policies against harassment of any type Ethnic jokes, vulgar epithets, racial slurs, and physical actions should be categorized as harassment © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Sex/Gender Discrimination Laws The Pregnancy Discrimination Act (PDA) • Treating maternity leave the same as other personal or medical leaves Family and Medical Leave Act (FMLA) • Giving up to 12 weeks of unpaid family leave and allowing the individual to return to job The Equal Pay Act • Paying similar wage rates for similar work without regard to gender • Differences in pay between men and women are permitted when there is a difference in seniority, performance, working conditions © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Pay Equity Idea that pay for jobs requiring comparable levels of knowledge, skill, and ability should be similar, even if actual duties differ significantly Called comparable worth Reason for enforcement - Continued gap between the earnings of women and men © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Steps to Reduce Pay Inequities Include all benefits that are part of pay to calculate total compensation Ensure that people know how the pay practices work Base pay on the value of jobs and performance Benchmark against local and national markets to make pay structures competitive Conduct frequent audits © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Glass Ceiling Discriminatory practices that have prevented women and minorities from advancing to executive-level jobs Glass walls - Limits that keep women from progressing only in certain fields © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Breaking the Glass Establish Provide formal mentoring programs opportunities for career rotation Include women and individuals of color in top management Establish clear goals for retention and progression of women and minorities Allow for alternative work arrangements for employees © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Sexual Orientation No federal law prohibiting discrimination on the basis of sexual orientation 18 states have passed laws to protect discrimination on the basis of sexual orientation Sex discrimination under Title VII applies to a person’s gender at birth and not to new gender as a result of sex transformation operations © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Nepotism and Romance at Work Nepotism: Practice of allowing relatives to work for the same employer Workplace romance Employer’s response influences employees’ and applicants’ perceptions of fairness HR perspective - Risky and have great potential for causing conflict © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Sexual Harassment Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment Can occur: Between Among a boss and a subordinate coworkers When nonemployees have business contacts with employees © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Figure 3. 5 - Sexual Harassment Types © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Preventing Sexual Harassment Establish a sexual harassment policy Communicate the policy regularly Train employees and managers on avoiding sexual harassment Investigate and take action when complaints are voiced © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Disability Discrimination Rehabilitation Act • Provided for equal employment opportunity for disabled workers and applicants Americans with Disabilities Act - Enforced by the EEOC • Applies to private employers, employment agencies, and labor unions with 15 or more employees Americans with Disabilities Act Amendments Act • Establishes a very low threshold for establishing whether an individual is disabled © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Disability Discrimination Disabled person: Someone who: Has a physical or mental impairment that substantially limits major life activities Has Is a record of such an impairment regarded as having such an impairment © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Disability Discrimination Mental disabilities - Mental or psychological disorders Employees who develop disabilities Shift to jobs where their disabilities do not affect them much © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

ADA and Job Requirements Essential job functions: Fundamental job duties Reasonable accommodation: Modification to a job or work environment that gives a qualified individual an equal employment opportunity to perform © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Figure 3. 6 - Determining if a Job Function Is Essential Source: Adapted from Part 1630 Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act. © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Figure 3. 7 - Common Means of Reasonable Accommodation Source: Adapted from Job Accommodation Network (http: //askjan. org/index. html). © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Undue Hardship Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities General guidelines are provided by ADA Determined on a case to case basis © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

ADA Guidelines to Facilitate Job Accommodation Define essential functions in advance Handle all requests for accommodation properly Work with the HR staff to explore various options for accommodation Interact with the employee with good faith and documentation Know rules and follow the reasonable accommodation © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

ADA Restrictions And Medical Information Restrictions Prohibiting employers from rejecting individuals because of a disability Asking job applicants any question about current or past medical history until a conditional job offer is made © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Genetic Bias Regulations Employers Make use genetic screening tests to: workers aware of genetic problems Terminate employees who may make extensive use of health insurance benefits Genetic Information Nondiscrimination Act Limit the use of genetic information by health insurance plans Prohibit employment discrimination on the basis of genetic information © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Age Discrimination Laws Age Discrimination in Employment (ADEA) Prohibits discrimination against all individuals age 40 or older working for employers having 20 or more workers Older An Workers Benefit Protection Act (OWBPA) amendment to the ADEA Protects employees when they sign liability waivers for age discrimination in exchange for severance packages © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Managing Age Discrimination Adopting age neutral selection and promotion practices Recruiting older people to return to the workforce through the use of part-time and other attractive scheduling options Phased retirement: Employees gradually reduce their workloads and pay level © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Religion and Spirituality in the Workplace Religious Discrimination • Hostile remarks or refusal to hire individuals from different faiths Islamaphobia • Hatred or fear of Muslims Managing Religious Diversity • • Changing an employee’s job tasks Making an exception to dress and grooming rules Accommodations relating to payment of union dues or agency fees Accommodating prayer, proselytizing, and other forms of religious expression © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Immigration and Discrimination Immigration Reform and Control Act (IRCA) Requires employers to verify the employment status of all employees without any discrimination Within the first three days of employment each employee must complete an Employment Eligibility Verification (I-9) form Verifies the employment eligibility of employees © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Figure 3. 10 - Primary Documents to Certify I-9 Compliance © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Language Issues EEOC issued guidelines stating that employers may require workers to: Speak only English at certain times or in certain situations, but the business necessity of the requirements must be justified © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Figure 3. 11 - Uniformed Services Employment and Reemployment Rights Act (USERRA) Provisions © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Appearance and Weight Discrimination Employers are allowed to set uniform dress codes and appearance standards Height and weight-related job requirements must be job-related © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Diversity Training © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Mixed Results for Diversity Training May not produce longer-term changes in people’s attitudes and behaviors toward others Has not reduced discrimination and harassment complaints Perceived as benefiting only women and racial minorities Taking away opportunities for men and nonminorities © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.

Improving Diversity Training Efforts Focusing on behavior Teaching appropriate behaviors and skills in relationships with others Dealing with diversity is not about what people can and cannot say It is about being respectful to others © 2014 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.