WORKPLACE DIVERSITY EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION 1

Diversity and Diversity Management Diversity – any perceived difference among people: age, race, religion, functional specialty, profession, sexual orientation, geographic origin, lifestyle, tenure with the organization, or position, and any other perceived difference. 2

Diversity Management Ensuring that factors are in place to provide for and encourage the continued development of a diverse workforce by melding these actual and perceived differences among workers to achieve maximum productivity 3

Managing the Diverse Workforce: Various Components § § § 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 § 4

Equal Employment Opportunity: And Affirmative Action 5

Equal Employment Opportunity: An Overview EEO has been modified since passage of the Civil Rights Act in 1964. § Congress has passed other legislation. § Major Supreme Court decisions interpreting the provisions were handed down. § Executive orders were signed into law. § 6

U. S. Legal System Executive branch – President and regulatory agencies § Legislative branch – House of Representatives and Senate § Judicial branch – federal courts § 7

Discrimination § Giving unfair advantage or disadvantage of members of one group over members of another group 8

Laws Affecting Equal Employment Opportunity 9

Civil Rights Act of 1866 Oldest federal legislation affecting staffing § Based on the Thirteenth Amendment § No statute of limitations § Employment is a contractual arrangement § 10

Title VII of the Civil Rights Act of 1964 -- Amended 1972 § § § Greatest impact on human resource management Illegal for an employer to discriminate Fifteen or more employees Exceptions to Title VII Persons not covered by Title VII Created the Equal Employment Opportunity Commission (EEOC) 11

Illegal for an Employer to Discriminate § § § Race Color Sex Religion National origin 12

Exceptions to Title VII Bona fide occupational qualifications (BFOQs) § Seniority and merit systems § Testing and educational requirements § 13

Persons Not Covered by Title VII Aliens not authorized to work in the United States § Members of the Communist party § Homosexuals § 14

Sexual Harassment and Title VII Quid pro quo – benefit or punishment is contingent on submitting to sexual advances § Hostile work environment – behavior in workplace makes it difficult for someone of a particular sex to work § 15

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 a trial by jury Possible criminal penalty Older Workers Benefit Protection Act (OWBPA) 16

Pregnancy Discrimination Act of 1978 Amendment to Title VII of the Civil Rights Act § Pregnancy, childbirth, or related medical condition § Benefits area also covered § 17

Immigration Act of 1990 Revised U. S. policy on legal immigration § Increased levels of immigration § 18

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Severe limitations for violation of visas § Three year ban § Ten year ban § 19

Americans with Disabilities Act (ADA) Prohibits discrimination against qualified individuals with disabilities § Prohibits discrimination in all employment practices § 20

Individual with a Disability A person who has, or is regarded as having, a physical or mental impairment § Substantially limits one or more major life activities § A record of such an impairment § Regarded as having such an impairment § 21

Civil Rights Act of 1991 Provide appropriate remedies for intentional discrimination and unlawful harassment § Codify the concepts of business necessity and job related § Confirm authority and guidelines for finding of disparate impacts under Title VII § Respond to recent Supreme Court decisions § 22

Types of discrimination and how to file suit § Disparate treatment – intentional § Plaintiff must show is member of protected group, applied for and qualified for job, rejected, position remained open or was filled by person with similar qualifications § Defendant must produce nondiscriminatory reason for rejection § BFOQ 23

Types of discrimination and how to file suit § Disparate impact – facially neutral device leads to unintended advantage for one group § Plaintiff must show questionable employment practice disproportionately affects protected group relative to majority group § 4/5 s rule – 80% selection rate § Standard deviation rule § Defendant must show employment practice is business necessity 24

Glass Ceiling Invisible barrier in organizations that prevents many women and minorities from achieving top-level management positions 25

Family Medical Leave Act (1993) § Up to 12 weeks unpaid leave after § Birth or adoption of child § Care for seriously ill family member or self 50 or more employees § Provide same or similar job upon return § Paid health care during leave § 26

Significant U. S. Supreme Court Decisions Griggs v Duke Power Company – jobrelated business practice § Albermarle Paper Company v Moody – tests must be validated § Phillips v Martin Marietta Corporation – no women-only standards § 27

Enforcement of EEOC OFCCP 28

Equal Employment Opportunity Commission (EEOC) § Title VII of the Civil Rights Act, as amended, created the EEOC § 3 responsibilities § Investigate and resolve § Gather information (EEO 1 - forms) § Issue guidelines 29

Steps in Handling a Discrimination Case Charge Filed Attempt at a No-Fault Settlement Investigation by the EEOC Attempt at Conciliation Review Case for Litigation Recommendation Against Litigation – Right to Sue Notice Issued to Charging Party Recommendation for Litigation – EEOC Initiates Action 30

Exceptions to Title VII Coverage Religious institutions, with respect to employment of persons of a specific religion in any of the institution’s activities § Aliens § Member of the Communist Party § 31

Uniform Guidelines on Employee Selection Procedures Assists employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on basis of race, color, religion, gender, and national origin. 32

Adopted By § § EEOC Civil Service Commission § § Department of Justice Department of Labor 33

Additional Guidelines Interpretative Guidelines on Sexual Harassment § Guidelines on Discrimination Because of National Origin § Guidelines on Discrimination Because of Religion § 34

Affirmative Action Programs An approach developed by organizations with government contracts to demonstrate that workers are employed in proportion to their representation in the firm's relevant labor market 35

Legal status of affirmative action § U. S. Forestworkers v. Weber § Voluntary plan must fix old patters of discrimination and be temporary § Johnson v. Santa Clara Transport Agency § Affirmative action plan should address “manifest imbalance” in employment practices § 2003 Michigan State cases § Race may be used as admission consideration sometimes 36