Chapter 3: Equal Employment Opportunity and HRM

Sexual harassment

Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment

Managers and supervisors act as_______to their employees

agents

Bona Fide Occupational Qualifications

are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. ex: trainer--> good shape

Protected classes of employees include:

everyone except straight white men under 40y/o

(t/f) Those failing to comply with record-keeping and posting requirements or willfully falsifying records cannot incur penalties, including fines and imprisonment.

false

Employment Non-Discrimination Act (ENDA)

proposed by the U.S. Congress extends federal employment discrimination protection currently provided on race, religion, gender, national origin, age, and disability to include sexual orientation and gender identity.

(t/f)Organizations subject to Title VII are required by law to maintain specific employment records and reports.

true

executive order

used to provide equal employment opportunity to individuals employed by government contractors.

Uniform Guidelines on Employee Selection Procedures

- A procedural document published in the Federal Register to help employers comply with federal regulations against discriminatory actions

The Uniform Guidelines on Employee Selection Procedures includes,

- Validity: When using a test or other selection instrument to choose individuals for employment, employers must be able to prove that the selection instrument bears a direct relationship to success on the job. - Adverse Impact: 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 - Disparate treatment:A situation in which protected class members receive unequal treatment or are evaluated by different standards - Workforce Utilization Analysis: A process of classifying protected-class members by number and by the type of job they hold within the organization

Emerging Employment Discrimination Issues include

- Weight discrimination - Attractiveness discrimination - Caregivers discrimination

It is illegal to discriminate in any aspect of employment, including,

-hiring, firing - compensation, assignment, or classification of employees - transfer, promotion, layoff, or recall -job ads -recruitment -testing -use of company facilities -training and apprenticeship programs - fringe benefits - pay, retirement plans, and disability leave - other terms and conditions of employment

3 factors that come together to influence EEO Legislation

1. Changing attitude towards employment discrimination 2.Published reports on economic injustices experienced by minority workers 3. A growing body of disparate discrimination laws and regulations that legislators feel should be standardized

Steps to leveraging employee differences

1. see difference 2. understand difference 3. value difference 4. leverage difference

2 mandates of the Immigration Reform and Control Act (IRCA)

1.All employers covered by the law are prohibited from knowingly hiring or retaining authorized aliens on the job. 2.Employers with four or more employees are prohibited from discriminating in hiring or termination decisions on the basis of national origin or citizenship.

What are two basic ways to show that adverse impact exists

1.Four-fifths rule - A rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings 2. Restricted policy Any evidence that an employer has a selection procedure that excludes members of a protected class, whether intentional or not, constitutes adverse impact.

Two forms of illegal sexual harassment under Title VII:

1.Quid pro quo harassment-Occurs when "submission to or rejection of sexual conduct is used as a basis for employment decisions" --Involves a tangible or economic consequence, such as a demotion or loss of pay 2.Hostile environment- Occurs when unwelcome sexual conduct "has the purpose of effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment"

Charge form

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

Affirmative Action

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 Affirmative action programs are required by the OFCCP for employers with federal contracts greater than $50,000

Chief diversity officer

A top executive responsible for implementing a firm's diversity efforts

Immigration Reform and Control Act (IRCA)

Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.

retaliation includes

Any punitive action taken against employees who elect to exercise their legal rights before any EEO agency, including: -Terminating employees -Giving them unjustified negative appraisals -Demoting them -Reducing their salaries and work responsibilities

Drawbacks of implementing an affirmative action program

Employer can be accused of reverse discrimination—the act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination.

Executive Order 8802 (1941)

Ensured that every American citizen, "regardless of race, creed, color, or national origin," would be guaranteed equal employment opportunities for workers employed by firms awarded World War II defense contracts

Civil Rights Act (1866)

Extended to all people the right to enjoy full and equal benefits of all laws, regardless of race

executive order of 11478 (1969)

Obligates the federal government to ensure that all personnel actions affecting applicants for employment be free from discrimination based on race, color, religion, sex, or national origin.

Fair employment practices (FEPs)

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

Equal Employment Opportunity Commission (EEOC)

The EEOC's work consists of formulating EEO policy and approving all litigation involved in maintaining equal employment opportunity. The EEOC's guidelines are not federal law but administrative rules and regulations published in the Federal Register

Vocational Rehabilitation Act of 1973

The act requiring certain federal contractors to take affirmative action for disabled persons.

Equal employment opportunity (EEO)

The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner

Unemployment Relief Act (1933)

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

executive order of 11246 (1965)

Prohibits discrimination and requires FEDERAL CONTRACTORS and SUBCONTRACTORS to take positive, results-oriented steps to eliminate employment barriers to women and minorities.