MGMT 450 CH 2
Reverse Discrimination
Discriminating against nonminority applicants and employees. Claims that due to affirmative action systems, white males are discriminated against. Employers should emphasize the external recruitment and internal development of better-qualified minority and female employees, while basing employment decisions on legitimate criteria.
Improving performance
Diversity can drive higher profits
Equal Employment Opportunity Commission
EEOC Administers and enforces the Civil Rights Act at work. Consists of 5 members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term
Federal Agency Guidelines
EEOC, Civil Service Commission, Department of Labor, and Department of Justice worked together to create Uniformed Guidelines
Money Damages
Employee who is claiming intentional discrimination can ask for 1) Compensatory damages 2) punitive damages if they can show the employer engaged in discrimination with malice or reckless indifference to the federally protected rights on an aggrieved individual
Hostile Environment Created by Coworkers and Nonemployees
Employers are also liable for the sexually harassing acts of the nonsupervisory employees if the employer knew or should have known of the conduct.
Equal Pay Act of 1963
It is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effor and responsibility; and are performed under similar working conditions.
Standard Deviation Rule
difference between the number of minority candidates we would have expected to hire and whom we actually hired should be less than two standard deviations.
Disparite Rejection Rate
A test for adverse impact in which it can be demonstrated there is a discrepancy between rates of rejection of members of a protected group and of others.
Johnson Administration
(1963-1969) Issued Executive Orders: -11246 -11375 Established the Office of Federal Contract Compliance Programs (OFCCP)
Griggs Established Five Principles
1. A test or other selection practice must be job related, and the burden of proof is on the employer 2. An employer's intent not to discriminate is irrelevant 3. If a practice is "fair in form byt discriminatory in operation", the courts will not uphold it. 4. Business necessity is the defense for any existing program that has adverse impact. The court did not define business necessity. 5. Title VII does not forbid testing. However, the test must be job related (valid), in that performance on the test must relate to performance on the job.
Steps in Affirmative Action
1. Issue a written equal employment policy indicating that the firm is an equal employment opportunity employer and the employer's commitment to affirmative action. 2. Demonstrate top-management support for the equal employment policy—for instance, appoint a high-ranking EEO administrator. 3. Publicize internally and externally the equal employment policy and affirmative action commitment. 4. Survey current minority and female employment by department and job classification to determine where affirmative action programs are especially desirable.5. Carefully analyze employer human resources practices to identify and eliminate hidden barriers. 6. Review, develop, and implement specific HR programs to improve female and minority utilization. 7. Use focused recruitment to find qualified applicants from the target group(s). 8. Establish an internal audit and reporting system to monitor and evaluate progress. 9. Develop support for the affirmative action program, inside the company and in the community.
4/5ths rule
A selection rate for any racial, ethnic or sex group which is less than four-fifths or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact.
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.
Business Necessity
A defense created by the courts. It requires showing that there is an overriding business purpose for the discriminatory practice and that practice is therefore acceptable.
Mixed Motives
A discrimination allegation case in which the employer argues that the employment action taken was motivated not by discrimination, but by some nondiscriminatory reason such as ineffective performance.
Alternative Dispute Resolution
A grievance procedure that provides for binding arbitration as the last step.
Disparite Impact
An amployer engages in an employment practice or policy that has a greater adverse impact on the members of a protected group under Title VII than on other employees, regardless of intent. Do not require proof of discriminatory intent.
McDonell Douglas Test
Articulates four rules that must be shown by a potential employee: 1. A person belongs to a protected class 2. an applicant was qualified for an open position with the employer 3. despite being qualified, the applicant was rejected 4. after rejection, the position remained open and the employer continued seeking applicants with the complainant's qualifications.
Uniformed Guidelines
Charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail.
Tokenism
Companies appoint a small group of women or minorities to high-profile positions rather than more aggressively seeking full representation for that group.
population comparisons
Compares the percentage of minority/protected group and white workers in the organization with the percentage of the corresponding group in the labor market
Albemarle Paper Company V Moody
Court provided more details on how employers could prove that tests or other screening tools relate to job performance.
Restricted Policy
Demonstrating the employers policy intentionally or unintentionally excluded members of a protected group.
EEOC Enforcement Process
File charge: The process begins when someone files a claim with the EEOC. Either the aggrieved person or a member of the EEOC who has reasonable cause to believe that a violation occurred must file the claim in writing and under oath. Charge acceptance: The EEOC's common practice is to accept a charge and orally refer it to the state or local agency on behalf of the charging party. Serve notice: After a charge is filed, the EEOC has 10 days to serve notice on the employer. Investigation/Fact-finding conference: The EEOC investigates the charge and has 120 days to decide. Cause/no cause: If it finds no reasonable cause, the EEOC must dismiss the charge and issue a right to sue. Conciliation: If the EEOC does find cause, it has 30 days to work out a conciliation agreement. Notice to sue: If this conciliation is not satisfactory, the EEOC may bring a suit in a federal district court or issue a Notice of Right to Sue to the person who filed the charge.
Griggs V Duke Power Company
Griggs claimed it was illegally discriminatory for Duke Power Company to require a high school diploma as it wasn't related to job success and it resulted in more blacks than whites being rejected. They won.
Hostile Environment Created by Supervisors
Harassment need not have tangible consequences such as demotion. Even though a supervisor can make no direct threats or promises in exchange for sexual advanced, his or her advances interference with the supervisee's performance is enough to create an offensive work environment and is sufficient to be proved as sexual harassment.
Disparate Treatment
Intentional Discrimination
"Hostile" Environment
Intimidation, insults and ridicule are sufficiently severe to alter the employee's working conditions. Courts also consider whether the employee subjectively perceives the work environment as being abusive.
Office of Federal Contract Compliance Programs (OFCCP)
Office the is responsible for implementing the executive orders and ensuring compliance of federal contractors.
Adverse Impact
Overall impact of employer practices that result in higher percentages of members or minorities being rejected for employment, placement or promotion.
Discrimination
Perjudice in action. Taking specific actions towards or against the person based on the person's group. Illegal but can be done subtly- watch out for that.
Civil Rights Act of 1991
Places the burden of proof back on employers and permit compensatory and punitive damages.
Genetic Information Nondiscrimination Act of 2008
Prohibits discrimination by health insurers and employers based on people's genetic information.
Americans with Disabilities Act
Prohibits employment discrimination against qualified disabled individuals. Also says employers must make "reasonable accommodations" for physical or mental limitations unless doing so imposes an "undue hardship" on the business.
Pregnancy Discrimination Act of 1978
Prohibits using pregnancy, childbirth, or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in any term or condition of employment
Top-Down Diversity Management Programs
Provide strong leadership: Companies with exemplary reputations in managing diversity typically have CEOs who champion the cause of diversity. Assess the situation: One study found that the most common tools for assessing a company's diversity include equal employment hiring and retention metrics, employee attitude surveys, management and employee evaluations, and focus groups. Provide diversity training and education: Combine education programs with other concrete steps aimed at changing the organization's culture and management systems. Change culture and management systems: Combine education programs with other concrete steps aimed at changing the organization's culture and management systems. Evaluate the diversity management program: The problem is that many diversity programs are ineffective.
Voluntary Mediation
Refers to 10% of its charges to a voluntary mediation mechanism. Such mechanism is defined as "an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. Faced with an offer to mediate, employer has three options: 1. Agree to mediate the charge 2. make a settlement offer without mediation 3. or prepare a "position statement" for the EEOC
Quid Pro Quo
Rejecting a supervisor's advances adversely affected what the EEOC calls a tangible employment action such as firing, hiring, promotion, demotion and or work assignment. Sexual harassment generally required that the behavior be pervasive or severe.
Stereotyping
Someone ascribes a specific behavioral trait to individuals based on their apparent membership in a group
Bonda Fide Occupational Qualification
Statutory exception to employment practices that might otherwise violate Title VII or the age discrimination in Employment act. Allows an employer to hire whatever reaosnably necessary to the normal operation of the business. Carriers heavy burden of proof. Age: ADEA permits disparate treatemnet in those instances when age is a bfoq. Ex. Compulsory retirement age of 65 for commercial pilots. Religion: Religious organizations require employees to share their particular religion. Gender: positions like actor, model, and restroom attendants requiring phsucal characteristics by one sex. Can't use gender when position requires heavy lifting. National Origin: Ex. Someone running a Chinese pavilion may make fair claim of Chinese heritage as BFOQ for persons to deal with the public.
Affirmative Action
Steps that are taken for the purpose of eliminating the present effects of past discrimination.
Affirmative Action
Taking actions (in recruitment. hiring, and promotions, and compensations) to eliminate the current effects of past discrimination.
Ethnocentrism
Tendency to view members of other social groups less favorably than one's own.
EEOC investigation
The Checklist: During the EEOC Investigation: -Conduct your own investigation to get the facts. -Ensure that there is information in the EEOC's file demonstrating lack of merit of the charge. -Limit the information supplied to only those issues raised in the charge itself. -Get as much information as possible about the charging party's claim. -Meet with the employee who made the complaint to clarify all the relevant issues. For example, what happened? Who was involved? -Remember that the EEOC can only ask (not compel) employers to submit documents and ask for the testimony of witnesses under oath. -Give the EEOC a position statement. It should contain words to the effect that "the company has a policy against discrimination and would not discriminate in the manner charged in the complaint." -Support the statement with documentation. During the Fact-Finding Conference: -Because the only official record is the notes the EEOC investigator takes, keep your own records. -Bring an attorney. -Make sure you are fully informed of the charges and facts of the case. -Before appearing, witnesses (especially supervisors) need to be aware of the legal significance of the facts they will present. -During the EEOC Determination and Attempted Conciliation: -If there is a finding of cause, review it carefully, and point out inaccuracies in writing to the EEOC. -Use this letter to try again to convince the parties that the charge is without merit. -Conciliate prudently. If you have properly investigated the case, there may be no real advantage in settling at this stage. -Remember: Odds are that no suit will be filed by the EEOC. Two Mistakes to Avoid: -Finally, prudent supervisors should keep two other things in mind. -First, know that courts may hold you personally liable for your actions. Management malpractice is aberrant managerial conduct that has serious consequences for the employee's personal or physical well-being. Second, do not retaliate. Retaliation occurs when employers treat applicants, employees, former employees, or people closely associated with them, less favorably because, for instance, they threatened to file a discrimination charge. Retaliation is the most common charge filed with the EEOC.-
State and Local Equal Employment Opportunity Laws
The state or local laws usually cover employers (like those with less than 15 employees) not covered by federal legislation.
Mandatory Arbitration of Discrimination Claims
To avoid EEOC litigation, employers require applicants and employees to afree to arbitrate such clams. EEOC does not favor mandatory arbitration.
Age Discrimination in Employment Act of 1967
Unlawful to discriminate against employees or applicants who are between 40 and 65 years of age.
Burden of Proof
What the plaintiff must show to establish possible illegal discrimination and what the employer must show to defend its actions.
Title VII Bars
all public or private employers of 15 or more persons and most labor unions. It also covers all private and public educational institutions, the federal government, and state and local governments.
Diversity
means being diverse or varied and at work, it means having a workforce composed of two or more groups of employees with various racial, ethnic, gender, cultural, national origin, handicap, age, and religious backgrounds.
Managing diversity
means maximizing diversity's potential benefits while minimizing the potential problems that can undermine cooperation.
Executive Order 11246 and 11375
required that government contractors with contracts of more than $50,000 and 50 or more employees take affirmative action to ensure employment opportunities for those who may have suffered past discrimination.
Vocational Rehabilitation Act of 1973
requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons.
Title VII of the 1964 Civil Rights Act
states that an employer cannot discriminate based on race, color, religion, sex, or national origin Specifically, it states that it shall be an unlawful employment practice for an employer: 1. To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 2. To limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's race, color, religion, sex, or national origin.
EO 11246
the key aims of affirmative action programs are (1) to use numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market, and (2) to eliminate the barriers to equal employment. Many employers pursue these aims with a good-faith effort strategy; this emphasizes identifying and eliminating the obstacles to hiring and promoting women and minorities, and increasing the minority or female applicant flow.
