Chapter (3*)-Diversity, Equal Employment Opportunity, and Affirmative Action*
Disparate treatment and adverse impact
Title VII prohibits employers from treating applicants or employees differently because of their membership I a protected group. Disparate= is intentional discrimination based on a protected characteristic. Disparate treatment occurs if an employment decision would change if the applicant's race, religion, national origin, color, sex, disability, or age were different.The consistent administration of HRM practices is thought to create an equal opportunity for everyone, no just members of protected classes.
Equal Pay Act of 1963
To promote equal pay for equal work, the equal pay act prohibits discrimination in pay, benefits, and pensions on the basis of an employee's gender. It covers most government employees and employers that engage in interstate commerce. Jobs are considered"equal" when they require substantially the same effort, sill, and responsibility under similar working conditions and in the same establishment. Employers in an industry can pay employees different wages for going the same job,but male and female employees working in the same job in the same company must be paid the same.
The uniformed services employment and reemployment right act (USERRA) of 1994
Under the immigration reform and control act, employers must use an I-9 verification form to verify the employability status of every new employee with in three days of hiring. Good ideal to make the job offer contingent on proof of the employment eligibility. For privacy reasons,I-9s must be kept in a folder where managers cannot see them and recruiters and hing managers should be trained on I-9 compliance. The internet based E-verify system operated by the department of homeland security in partnership with the social security administration can help employers determine a person's eligibility to work in the United States.
How biases can create barriers to equal treatment in the organization? (3-7 Human biases that create barriers to equal employment opportunity)
these are some of the human biases that contribute to discrimination : including predudice
Workplace tort
A civil wrong in which an employer violates a duty owed to its customers or employees, is handles at the state level. An example is when employee agrees to let a company use her photo in an employee newsletter, but the employer latter uses it in a public advertisement without her permission.
Where do you get information about the state's fair employment practice laws
A state's Attorney General's office and website provide information.
EOE/AA(equal opportunity employer/affirmative action institution
All recruitment communication should include an equal opportunity/affirmative action statement to phrases. If these statements fail to recruit the quality and range of application desired, a more explicit and proactive stmt can be used such as : applicants from underrepresented groups are strongly encourage to apply.
Quid pro quo harassment
An employee is demoted because she refuses a date with her supervisor, the supervisor's conduct is clearly illegal.
Unlawful employment practices
Are those that violate a federal, state, or local employment law, for example by unfairly discriminating against people with legally protected characteristics including pregnancy, religion, or age. ***an employment decision can be unfair without being unlawful.
Race norming
Assessment scores cannot be altered or changed to reduce the adverse impact on protected groups. You cannot compare an applicants scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup, it is unlawful.
How does Human Resource keeps up with the updated legal information?
By updating your knowledge and consulting legal counsels to ensure compliance with current local, state, and federal regulations. The Society for Human Resource Management (SHRM) and association of HRM professionals
National labor relation act of 1935 (NLRA)
Congress enacted this to protect employee and employer rights and to encourage collective bargaining between labor unions and employers.The NLRA was also created to end certain private sector labor and management practices that can harm the general welfare of workers, businesses, and us economy "by depressing wage rates and purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries". It also prohibits retaliation against employees seeing to unionize. In addition to giving workers the right to join unions and bargain collectively, it created a system to arbitrate disputes between unions and employers and prohibits employers from interfering in Union activities
Fair Labor Standards Act (FLSA) of 1938
Established a national minimum wage, overtime rules, recorded ping requirements, and youth employment standards. It covers employees in the private sector and in federal, state, and local governments. The FLSA excludes some jobs from FLSA coverage, making some employees including commissioned salespeople, farm workers, and salaried executives exempt from the overtime pay and minimum wage provisions.
The rehabilitation act of 1973
IT REQUIRES EMPLOYERS TO ENGAGE IN AFFIRMATIVE ACTION TO PROMOTE THE HIRING OF INDIVIDUALS WITH A DISABILITY. Qualified individuals with disabilities are people who, with reasonable accommodation can perform the essential functions of the job for which they have applied or have been hired to perform. Reasonable accommodation means an employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship.
The office of Federal Contract Compliance Programs(OFCCP)
Is a part of the us department of labor. It administers and enforces three equal employment opportunity programs that apply to federal contractors and subcontractors: The primary mission is to ensure that federal contractors with 50 or more employees who receive $50,000 or more in grants, goods, and services from the federal government take affirmative action to promote equal employment opportunity.
Negligent hiring
Is a tort claim based on the common law concept that an employer has a general obligation not to hire an applicant it know or should have known could harm a third party. Essentially, a company is considered responsible for an employee's damaging actions if it failed to exercise reasonable care in hiring the employee.
Fair discrimination
Is when only objective, merit base and job related characteristic are used to determine employment-related decisions.
The Equal Pay Act
It is not a violation if wage differences between a male and female employees occur due to seniority systems, quality or quantity of work, or merit. Also, employers in violation of the act are not allowed to lower the wages of one gender to comply with the law, they must raise the wages of the underpaid gender.
Title VII of the Civil Right Act 1964
It prohibits employment discrimination based on race, color, religion, sex, or national origin and provides monetary dame ages in cases of intentional employment discrimination. Title VII prohibits not only intentional discrimination, but also practices that have the effect of discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
Laws and definitions
Laws from social pressure=hour laws, safety, health laws, and equal employment opportunity legislation. Constitutional law=supersedes all other laws and regulations, and applies particularly to the due process rights of public employees. Common law=is the body of case by case court decisions that determines what is legal and what remedies are appropriate. Individual states develop their own common law in response to federal and state legislation and the specific cases brought before state courts. **most employment discrimination lawsuits are brought under federal statues, although state laws can be even more restrictive.
The EEOC compliance manuel
Look at website
Examples of EEOC cases filed
Look at website.
Equal employment opportunity (EEO)
Means that employment practices must be designed and used in a manner that treats employees and applicants consistently regardless of their protected characteristics.***Laws do not provide the tools to recognize and break down discrimination barriers, proactively managing diversity is also important.Employment laws define what is expected and required of employers, and clarify what is allowable.They also promote more strategic HRM by focusing on job related qualifications and merit rather than superficial characteristics.Avoiding unfair discrimination helps companies better execute their strategies and reach their goals by
Affirmative action?
Refers to proactive efforts to eliminate discrimination and its past effects.Concerened that ending formal discrimination would not eliminate racism by employers, president Johnson issued EXECUTIVE ORDER 11246 IN SEPTEMBER 1965, REQUIRING EMPLOYERS RECEIVING FEDERAL CONTRACTS TO TAKE PROACTIVE STEPS-AFFIRMATIVE ACTION-TO INTEGRATE THEIR WORKFORCES. EXECUTIVE ORDER 11246 REQUIRES CONTRACTORS WITH FEDERAL CONTRACTS OF AT LEAST $50,000 AND 50 OR MORE EMPLOYEES TO HAVE A FORMAL AFFIRMATIVE ACTION PLAN. The goal of affirmative action is to provide employment opportunities to protected classes, or groups underrepresented in employment.
Types of lawsuits
Sexual harassment, quid pro quo harassment= if employee refuses to date supervisor and condition of employment or as basis for employment and or advancement decision. Hostile environment harassment-when harassment creates a hostile intimidating or otherwise offensive working environment, the victim can make a claim.
Fraudulent recruitment
Telling truth or hiring involves misrepresenting the job or organization to recruit.
The equal employment opportunity Commision (EEOC)
The EEOC was established by TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. It's original responsibility was to receive and investigate charges of unlawful employment practices and, for those charges found to be "reasonable cause," to try to resolve the disputes. It enforces several Laws: look at picture
Diversity and inclusion to business performance
The better you are able to work with all types of people, the more effective you will be in your job.diversity awareness enables you to hire, retain and motivate the best talent which helps maximize your and your organization's performance. Diversity fosters creativity and innovation. Inclusion=means that everyone feels respected and listened to, and everyone contributes to his or her fullest potential.
Enforcement agencies
The two most important federal agencies for HRM are the 1. Equal Employment Opportunity Commission (EEOC) and 2. the Department of Labor's Office of federal contract compliance programs.
The worker adjustment and retraining notification act (WARN) of 1988
The warn is
Bona Fide occupational qualification (BFOQ)
There are limited situations in which a protected characteristic an be considered this under Title VII and be legally used to make employment decisions. A BFOQ is a characteristic that is essential to the successful performance of a relevant job function, and that the essence of the business operation would be undermined by including or excluding members with a protected characteristic. Only a qualification that affects an employee's ability to perform the job an be considered a BFOQ. For example corrections facilities with gender segregated wards usually require at least one staff member of the same gender as the inmates to always be on duty.***race and color must never be considered BFOQs. Customers preference is also insufficient to justify a BFOQ defense.
Bona fide occupational qualification (BFOQ)
There are limited situations in which a protected characteristic an be considered this under Title VII and be legally used to make employment decisions. A BFOQ is a characteristic that is essential to the successful performance of a relevant job function, and that the essence of the business operation would be undermined by including or excluding members with a protected characteristic. Only a qualification that affects an employee's ability to perform the job an be considered a BFOQ. For example corrections facilities with gender segregated wards usually require at least one staff member of the same gender as the inmates to always be on duty.***race and color must never be considered BFOQs. Customers preference is also insufficient to justify a BFOQ defense.
The Department of Labor and Equal Employment Opportunity Commission
They interpret, administer and enforce specific laws, local, state, and federal legislative bodies create agencies such as this.
Adverse impact (also called disparate impact)
Occurs when an employment practice has a disproportionate effect on a protected group, regardless of its intent. Employment practices that are facially neutral in their treatment of different groups but that have a significantly adverse effect on a protected group can be legally changed. The only defense for adverse impact is when it can be justified as job related and consistent with business necessity. A job related assessment method predicts performance in the job for which it is used. Example their was a law suit that required a high school diploma and passing score on an aptitude test. 12 blacks filed suit because and won because the company could not show a business necessity for requiring applicants to posses a high school diploma or pass of the shelf intelligence test. SOME ADDITIONAL examples, educational requirements, height, weight, written tests.... HOW TO MEASURE ADVERSE IMPACT= one method is the four-fifths rule, which requires calculating if members of a protected class are selected at a rate less than four-fifths (80 percent) of that another group. For example, imagine that 50 percent of Hispanic applicants receive a passing score on a test, buy only 30 percent of African Americas pass. In this case, the target ratio would be four-fifths of the 50 percent Hispanic applicant, or 40 percent (0.8x50=40 percent Blacks were hired at a rate of 30 percent, which is less than 40 percent, violating the 80 percent rule. If a test is used, assessment scores cannot be altered or changed to reduce the adverse impact on protected groups. According to the civil rights act of 1991 it is unlawful to adjust the scores of , use different cutoff scores for or otherwise alter the results of employment related tests on the basis of race, color, religion, sex, or national origin. This means that race norming, or comparing an applicant's scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup is unlawful.
Unfair discrimination
Occurs when employment related decisions and actions are not o related, objective, or merit based.
The age discrimination in employment act (ADEA) of 1967
Prohibits employers from discriminating against any worker with respect to compensation or the terms, conditions, or privileges of employment because he is age 40 or older.
Protected classes and the laws that protect them?
Race, gender, age, ethnicity, religion, and disabilities