Chapter 2 - Managing Equal Opportunity and Diversity

Genetic Information Nondiscrimination Act (GINA)

Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people's genetic information.

Sexual Harassment

There are three main ways someone can prove Sexual Harassment. - Quid pro quo. - Hostile work environment caused by supervisors - Hostile environment caused by coworkers or non employees.

Ruled that job requirements must be related to job success; that discrimination need not be overt to be proved; that the burden of proof is on the employer to be prove the qualification is valid.

Supreme Court Decisions: Griggs v. Duke Power Company, Albemarle Paper Company v. Moody

Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA), as amended, prohibits arbitrary age discrimination and specifically protecting individuals over 40 years old. In the case O'Connor v. Consolidated Coin Caterers Corp., the U.S.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is an act that requires employers to make reasonable accommodations for disabled employees; it prohibits discrimination against disabled persons. The act was signed in 1990 and prohibits employers with 15 or more workers from discrimination against qualified individuals with disabilities with regard to hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.

Bona Fide

Bona Fide Occupational Qualifications (BFOQ) requirement that an employee be of a certain religion, sex, or national origin where that is reasonably necessary to the organization's normal operation. Specified by the 1964 Civil Rights Act. Used of actors, models, etc.

Title VII, Equal Employment Opportunity Commission

Title VII established theEqual Employment Opportunity Commission (EEOC). This commission, empowered to investigate job discrimination complaints and sue on behalf of complainants.

Executive Orders 11246

Executive Orders 11246 and 11375 don't just ban discrimination; they require that contractors take affirmative action to ensure equal employment opportunity.

EEOC enforcement process

If someone does file a charge, the EEOC will get involved. There are several steps in the EEOC enforcement process. 1.) The EEOC enforcement process begins with someone filing a charge. We will see in the next slide the flowchart process of filing a charge. Under CRA 1991, the discrimination claim must be filed within 300 days or 180 days after the alleged incident took place. The filing must be in writing and under oath by either the aggrieved person or by a member of the EEOC who has reasonable cause to believe that a violation occurred. 2.) After a charge is filed, the EEOC has 10 days to serve notice of the charge on the employer. Attorneys advise against submitting lengthy statements in response to receiving a charge. Instead, provide a concise explanation describing why the actions were lawful. If no reasonable cause is found, the EEOC must dismiss the charge, in which case the person who filed the charge has 90 days to file a suit on his/her own behalf. 3.) The EEOC refers about 10% of its charges to a voluntary mediation mechanism. This is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. If the parties don't reach an agreement, the EEOC processes the charge through its usual mechanisms.

Recruitment

Potential discriminationpractices may occur from any of the following: Recruitment: Word of Mouth, Misleading information, Help wanted

Sexual harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place under any of the following conditions: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

ADA Amendments Act

The ADA Amendments Act of 2008 (ADAAA) made it much easier for employees to show that their disabilities are influencing one of their "major life activities," such as reading and thinking. Employers must therefore redouble their efforts to ensure they're complying with the ADA.

Title VII, Title VII

The EEOC has also held that discrimination against an individual because that person is transgender is discrimination because of sex and therefore covered under Title VII. The Commission also found that sexual orientation claims on sex-stereotyping also have a discrimination claim under Title VII.

Vocational Rehabilitation

The Vocational Rehabilitation Act of 1973 is an act requiring certain federal contractors to take affirmative action for disabled persons. This act requires employers with federal contracts over $2,500 to take affirmative action for the employment of disabled persons.

discrimination, executive

The federal agencies charged with ensuring compliance with the _______ laws and _______ orders—the EEOC, Civil Service Commission, Department of Labor, and Department of Justice—have adopted uniform guidelines for employers.

Executive order

Under Executive order that U.S. presidents issued over the years, most employers who do business with the U.S. government have an obligation beyond that imposed by Title VII to refrain from employment discrimination.

Word of Mouth

Word of Mouth cannot be relied upon in dissemination of information about job opportunities when your workforce is all white, for example.

Pregnancy Discrimination

Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act that prohibits sex discrimination based on "pregnancy, childbirth, or related medical conditions." This act, passed in 1973, prohibits discrimination in many employment practices such as hiring, promotion, discharge, or any other term or condition of employment.

Federal Contract Compliance

Executive Orders 11246 and 11375 established the Office of Federal Contract Compliance Programs (OFCCP), which is responsible for ensuring the compliance of federal contracts.

4/5

A selection rate for any racial, ethnic, or sex group which is less than the 4/5ths rule or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact

Disparate impact

Disparate impact means that "an employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than on other employees, regardless of intent." It does not require proof of discriminatory intent.

Disparate

Disparate treatment means intentional discrimination. It "requires no more than a finding that women (or protected minority groups)" were intentionally treated differently because they were members of a particular race, religion, gender, or ethnic group.

Equal Pay Act

The Equal Pay Act of 1963 is the act requiring equal pay for equal work, regardless of sex

Civil Rights Act

TheCivil Rights Act of 1991 is an act that places burden of proof back on employers and permits compensatory and punitive damages. This act rolled back the clock to where it stood before the decisions of the 1980s and actually placed more responsibility on employers.

Title VII of the 1964 Civil Rights Act, Equal Employment Opportunity

Title VII of the 1964 Civil Rights Act,is the section of the act that says an employer cannot discriminate on the basis of race, color, religion, sex, or national origin with respect to employment. This act was amended by the 1972 Equal Employment Opportunity Act. The act specifically states that it shall be unlawful employment practice for an employer: To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. To limit, segregate, or classify his or her employees or applicants for employment.

Uniformed Services Employment, Reemployment

Under the Uniformed Services Employment and Reemployment Rights Act (1994), employers are generally required, among other things, to reinstate employees returning from military leave to positions comparable to those they had before leaving.