HRM - Ch 3: Equal Employment Opportunity and HRM

Chief Diversity Officer (CDO)

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

business necessity

A work-related practice that is necessary to the safe and efficient operation of an organization

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.

Reasonable accommodation

An attempt by employers to adjust, without undue hardship, the working conditions or schedules of employees with disabilities or religious preferences

Restricted Policy

Another test for adverse impact, involving demonstration that an employer's hiring practices exclude a protected group, whether intentionally or not.

Disabled Individual

Any person who (1) has a physical or mental impairment that substantially limits one or more of the person's major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment

Validity

the extent to which a test measures or predicts what it is supposed to

Sexual Harassment

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

Weight Discrimination

- overweight women make on average $7,000 less a year -less likely to be hired, more likely to be fired -children dislike overweight people -discrimination against those who hangout with overweight people -negative thoughts are attributed -2/3 of body weight is genetic

Growth of EEO Legislation

1. Changing attitudes 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.

Which employers are excluded from coverage of the Civil Rights Act?

1. US government-owned corporations 2. bona fide, tax exempt private clubs 3. religious organizations employing people of a specific religion 4. organizations hiring Native Americans on or near a reservation.

disparate treatment

A situation in which protected class members receive unequal treatment or are evaluated by different standards

University of California Regents v. Bakke

1978. Decisive vote was cast that said a quota-like ban on Bakke's admission was unconstitutional but that "diversity" was a legitimate goal that could be pursued by taking race into account.

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.

charge form

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

Americans with Disabilities Act of 1990

A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Glass Ceiling

A metaphor alluding to the invisible barriers that prevent minorities and women from being promoted to top corporate positions.

Uniform Guidelines on Employee Selection Procedures

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

workforce utilization analysis

A process of classifying protected-class members by number and by the type of job they hold within the organization

True/False: discrimination based on sexual orientation is illegal through Title VII of the Civil Rights Act

False

What forms of sexual harassment do the EEOC recognize as being illegal under Title VII?

quid pro quo harassment hostile environment

protected classes

Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity

Equal Pay Act of 1963

Legislation that requires employers to pay men and women equal pay for equal work

Retaliation

Managers and supervisors must not retaliate against individuals who invoke their legal rights to file charges or to support other employees during EEOC proceedings.

hostile environment harassment

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being.

Record-keeping and posting requirements

Organizations subject to Title VII are required by law to maintain specific employment records and reports.

Older Workers Benefit Protection Act of 1990

Provides protection for employees over 40 years of age in regard to fringe benefits and gives employees time to consider an early retirement offer.

Adverse Rejection Rate, or Four-Fifths Rule

Rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings. According to the Uniform Guidelines, a selection program has an adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (or 80 percent) of the rate of the class with the highest selection rate. The four-fifths rule is not a legal definition of discrimination, rather it is used to monitor severe discrimination practices.

Martin Davidson's Steps to Leveraging Employee Differences

See Differences Understand Difference Value Difference Leverage difference

fair employment practices (FEPs)

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

Bona Fide Occupational Qualification (BFOQ)

Suitable defense against a discrimination charge only when age, religion, sex, or national origin is an actual qualification for performing the job

reverse discrimination

The act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination

equal employment opportunity (EEO)

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

Griggs v. Duke Power Company (1971)

This Supreme Court ruling said that if hiring procedures led to adverse impact, the employer has the burden of proof to show that the hiring procedures are valid.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

This act covers all military personnel who enlist either voluntarily or involuntary during peace or wartime. Under this act, people who enter the military for a total of 5 years can return to their private-sector jobs without risk of loss of seniority or benefits.

Age Discrimination in Employment Act of 1967

This act prohibits discrimination against workers over the age of 40 and restricts mandatory retirement

Genetic Information Nondiscrimination Act of 2008

This act prohibits the use of genetic information in employment, prohibits intentional acquisition of same, and imposes confidentiality requirements

Lilly Ledbetter Fair Pay Act of 2009

This act states that the 180-day statute of limitations for filing an equal-pay lawsuit with EEOC resets with each new discriminatory paycheck an employee receives, not the date the employee received his or her first discriminatory paycheck. This means that employees can claim discrimination after years of getting unfair pay and demand to be compensated for the lost wages.

Americans with Disabilities Act Amendments Act

This act was enacted in 2008 in response to court rulings that had weakened the ADA. This act broadened the definition of what constitutes a disability. The new act makes it less likely a person will be denied protection because his or her condition does not seem severe enough or because it is improved by drugs, prosthetic devices, and so forth.

Equal Employment Opportunity Act of 1972

This amended the Civil Rights Act of 1964. Two important changes were made: 1. The act's coverage was broadened to include state and local governments and public and private educational institutions. 2. the law strengthened the enforcement power of the EEOC by allowing the agency itself to sue employers in court.

Civil Rights Act of 1991

This amendment was enacted to allow employees who can prove they were intentionally discriminated against to seek compensatory monetary damages.

Glass Ceiling Act of 1991

This amendment was enacted to help break down obstacles faced by minorities as they strive for top-level management jobs.

Amendments to the USERRA

This amendment was made in 2004 by the Veterans Benefits Improvement Act, requiring employers to provide a notice of rights, benefits, and obligations of both employees and employers under the act. For their part, service members must provide their employers advance notice of their military obligations in order to be protected by the reemployment rights statute.

Executive Order 11246

This executive order extends Title VII standards to companies holding government contracts worth more than 10,000 per year. Imposes additional requirements on contractors with government contracts worth more than 50,000 per year and 50 or more employees.

OFCCP (Office of Federal Contract Compliance Programs)

This organization provides regulations and suggestions for establishing affirmative action plans. Specifically, employers must: 1. provide an organizational profile that graphically illustrates their workforce demographics 2. establish goals and timetables for employment of underutilized protected classes. 3. develop actions and plans to reduce underutilization 4. monitor progress of the entire affirmative action program.

Equal Employment Opportunity Commission (EEOC)

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

quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

What do employers need to provide for a current employee or job applicant's religious observance or practice?

reasonable accommodation, without incurring undue hardship in the conduct of the business. May have to accommodate in the specific areas: 1. holidays and observances (scheduling) 2. personal appearance 3. religious conduct on the job.

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.

How does the law define a disability?

a. a physical or mental impairment that substantially limits one or more of the major activities. b. a record of such impairment c. being regarded as having such an impairment.

Attractiveness and Discrimination

how do we decide who is unattractive enough to be protected by the law?

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin Title IV of the act specifically bars employment discrimination in all HR activities including hiring, training, promotion, transfers, pay, employee benefits, and other conditions of employment

Pregnancy Discrimination Act of 1978

prohibits discrimination against women in employment decisions on the basis of pregnancy, childbirth, and related medical decisions