HR Chapter 3: Equal Employment Opportunity

sensitivity training

"sensitize" people to the differences among them and how their words and behaviors are seen by others

Equal Pay Act of 1963 (EPA)

-Amendment to Fair Labor Standards Act (FLSA)-1938, which established minimum wage, overtime pay, recordkeeping, and youth employment standards -Gender cannot be factor in paying employees -Must pay males and females equally if performing jobs substantially equal in terms of skill, effort, responsibility, working conditions -Pay differences allowed for merit, seniority, quality or quantity of production or other non-gender related factors -Employer must prove that the stated reason for pay differences is allowable affirmative defense

Immigration Reform and Control Act of 1996 (IRCA)

-Attempt to control unauthorized immigration -Must verify all employees hired have legal right to work in U.S. -Employees complete INS Form I-9 -Should be completed after a job offer -Employers who violate are fined

Gender Discrimination

-Direct discrimination might be the result of stereotypes. -Gender-plus discrimination: treating employees differently based on their gender. -Mixed motives might occur as well. Same sex harassment

Religious Discrimination

-Direct religious discrimination might result in a disparate treatment charges. -Indirect discrimination - resulting from work policies & processes - might result in disparate treatment -The employer might be required to change the policy or procedure to accommodate religious groups, or prove that alteration will cause undue hardships

Family and Medical Leave Act (FMLA)

-Employers with 50 or more employees in 75-mile radius must grant up to 12-weeks unpaid leave for -Employee's own illness -Birth, adoption, or foster care of child -Care of sick member of immediate family

Vietnam Era Veteran's Readjustment Assistance Act

-Employment protection for Vietnam era veterans, special disabled veterans, and other veterans who serve active duty during war or recognized military campaign -Employers with federal contracts of 25,000 or more are required to give EEO and AA.

Executive Order 11246 (EO 11246)

-Prohibits discrimination based on race, color, religion, sex, national origin, sexual orientation, or gender identity -Requires affirmative action programs from federal contractors and subcontractors. -Requires federal contractors with 50,000 or 50 or more employees to have an affirmative action plan.

Pregnancy Discrimination Act of 1978 (PDA)

-Prohibits discrimination because of pregnancy, childbirth, or related medical condition -Employer must treat pregnancy same as any other medical-related condition or temporary disability -Company health plans cannot exclude pregnancy

Title VII of Civil Rights Act of 1964 (CRA 64)

-Prohibits discrimination on the basis of race, color, religion, sex, national origin. -It is against the law to discriminate with regard to selection, termination, compensation, terms and privileges of employment, promotion or transfer, work assignments and any other employment-related activity.

Americans with Disabilities Act of 1990 (ADA)

-Prohibits employers from using disability as basis for discriminating against qualified individuals -Requires reasonable accommodation unless doing so causes undue hardship

Employment-at-Will

-Provides employers right to terminate (or hire or transfer) employees at any time as long as doing so is not illegal -Allows employees to quit their jobs at any time or for any reason

Wrongful Discharge

-Public policy exception -Implied employment contract -Implied covenant of good faith and fair dealing

Harassment

-Subjecting employees to unwanted and unwelcomed treatment because of membership in protected class. -Examples include: offensive jokes, unwelcome comment, improper graffiti, physical threats...etc. -creates a hostile environment

retaliation

-Taking adverse action against employee who has filed discrimination complaint -Often comes in form of punishment or threat of punishment

National Origin Discrimination

-Treating an applicants or employees differently in employment situations because of their ancestry, ethnicity or accent. -Treating an applicants or employees differently in employment situations because they are married to someone from a particular nationality. -Assuming someone is from a particular national origin because of physical, linguistic or cultural traits associated with an ethnic group

Mixed motive

-When legitimate reason for employment decision exists but decision was motivated by illegitimate reason - Courts have ruled that discrimination has occurred

Discriminatory Practices

-disparate treatment -mixed motive -disparate/adverse impact

Race and Color Discrimination

-employers should not: -Use race or race-related characteristics and conditions to make employment decisions. -Tolerate the harassment of employees because of their race or color. -Segregate employees based on race or color -Collect pre-employment information about race to make it available for the ones involved in the hiring decisions. -Dismissing employees due to their association with someone of a different race.

Filing Discrimination Charge

1. Contact local EEOC office 2. EEOC reviews evidence and decides if enough evidence to investigate or attempts to settle with employer 3. If settlement, conciliation or mediation unsuccessful, EEOC may take case to court 4. Individual has 90 days to file lawsuit if EEOC decides not to pursue

liability determination

1. Sexual harassment- employee suffered tangible employment actions= employer is probably liable 2. Sexual harassment- employee suffered no tangible employment action- employer produced an affirmative defense= employer is probably not liable 3. Sexual harassment- employee suffered no tangible employment action- employer produced no affirmative defense= employer is probably liable

Bona Fide Occupational Qualification (BFOQ)

A characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration.

Affirmative action plan (AAP)

A document reporting on the composition of an employer's workforce, required for federal contractors.

Protected Class

A group identified for protection under Equal Employment Opportunity laws and Regulations. This consists of race, sex, age, individuals with disabilities, and military experience.

Reasonable Accommodation

A modification to a job or work environment that gives a qualified individual an equal employment opportunity to perform. Examples of this are, Modified Work Schedules, Special Equipment, Job Restructuring, Job Reassignment , Employer-provided assistance

Managing Religious Diversity in Workplaces

Accommodation of religious beliefs in work schedules. Respect for religious practices affecting dress and appearance. Accommodation of religious expression in the workplace.

workplace religious diversity

Accommodation of schedule, expression, and dress

Sexual Harassment

Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile working environment

Phased Retirement

Approach in which employees gradually reduce their workloads and pay levels

sexual orientation discrimination

At present, federal protection against workplace discrimination has not been granted Court cases and EEOC have ruled that sex discrimination under Title VII applies to gender at birth

Title VII basic

Basis for several extensions of EEO laws All private employers of 15 or more persons who are employed 20 or more weeks a yearAll educational institutions, public, and private State and local governments Public and private employment agencies Labor unions with 15 or more members Joint labor/management committees for apprenticeships and training

EEO concepts

Business necessity, job relatedness BFOQs (bona fide occupational qualifications) Burden of proof Nonretaliatory practices

Griggs v. Duke Power

Case where the courts rule you must show disparate treatment and impact to win a discrimination case.

Genetic Information Nondiscrimination Act (GINA)

Congress passed GINA to limit the use of information by health insurance plans. Employers are prohibited from collecting genetic information or making employment decisions based on genetic information.

adapting to ADAAA

Define essential functions in advance, handle requests for accommodation properly, know and follow the reasonable accommodation rules, interact with the employee with good faith and documentation

Management Focus on ADAAA Adaptation

Define essential functions in advance. Handle all requests for accommodation properly. Interact with the employee with good faith and documentation. Know and follow the reasonable accommodation rulers

Glass Ceiling

Discriminatory practices that have prevented women and other protected-class members from advancing to executive-level jobs

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

Employees are required to notify their employers of military service obligations. Employers must give employees serving in the military leaves of absence protections. Return to employment rights. Prompt reemployment on return. Protection from discharge/retaliation. Health insurance continuation. Continued seniority rights.

prima facie

Employees who believe that they were a victim of intentional discrimination must make a _____ _____ case (preliminary case) -after this, the burden of proof shifts to the employer to provide a legitimate job-related reason for the decision

Immigration Reform and Control Acts (IRCA)

Employers are required to obtain and inspect I-9 forms, and verify documents such as birth certificates, passports, visas, and work permits. They can be fined if they knowingly hire illegal aliens.

Disparate (adverse) impact

Employment practice results in members of protected class being treated less favorably than members of protected class even though discrimination was not intentional -Focuses on the consequences of employers' practices rather than motivated treatments

Equal Employment

Employment that is not affected by illegal discrimination

Employers Responses to Sexual Harassment

Establish a sexual harassment policy. Communicate the policy regularly. Train employees and managers on avoiding sexual harassment. Investigate and take action when complaints are voiced.

Utilization Analysis

Identifies the number of protected-class members employed in the organization and the types of jobs they hold

Title VII

Illegal for an employer to fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin Illegal for an employer to limit, segregate, or classify his 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 status as an employee because of such individual's race, color, religion, sex, or national origin

immigration and discrimination

Immigration Reform and Control Act

guard against pay inequalities that are illegal

Include all benefits and other items that are part of remuneration to calculate total compensation for the most accurate overall picture Make sure people know how the pay practices work Base pay on the value of jobs and performance Benchmark against local and national markets so that pay structures are competitive Conduct frequent audits to ensure there are no gender-based inequities and that pay is fair internally

backlash against diversity training

Individuals in protected groups sometimes see the diversity efforts as inadequate and nothing but "corporate public relations"- raising the expectations of these groups but the program not meeting expectations Those who are not in protected groups believe that the emphasis on diversity sets them up as scapegoats for societal problems, then show hostility and anger

four-fifths rule

Is a guideline generally accepted by the courts and the EEOC for making a Prima facie case of desperate impact -Is percentage of minorities selected equal to at least 80 percent of percentage of non-minorities selected

Components of Traditional Diversity Training

Legal awareness, cultural awareness, and sensitivity training

discrimination and the military

Military status- Uniformed Services Employment and Reemployment Rights Act Common issues: leaves of absence, return to employment rights, prompt re-employment on return, protection from discharge/retaliation, health insurance continuation, continued seniority rights

who is disabled

Mitigation means and methods (medication, prosthetics, hearing aids) Mental disabilities Life-threatening illnesses Genetic Information Nondiscrimination Act (GINA)

issues with diversity training

Mixed results: not much research on effectiveness of it, may not provide long term changes or has failed. Focusing on behaviors seems to hold the most promise for making diversity training more effective

common means of reasonable accommodation

Modified work schedules, special equipment, job restructuring, job reassignment, employer-provided assistance

EEO and Multinational Employers

Must follow U.S. EEO laws unless doing so violates law of country in which employees are located (foreign law defense)

Disparate Treatment

Occurs when members of one group are treated differently from others.

Americans with Disabilities Act (ADA)

Organizations with 15 or more employees are covered by the provisions of the ADA Applies to private employers, employment agencies, and labor unions- state government employees are not covered aka cannot sue in federal court Discrimination prohibited against those who can perform essential job functions For disabled person the employer must make a reasonable accommodation, EEOC encourages employers and individuals to work together to determine what are appropriate reasonable accommodations, rather than employer alone making these judgments Prohibits employers from rejecting individuals because of a disability and from asking job applicants any question about current or past medical history until a conditional job offer is made Prohibits the use of pre-employment medical exams, except drug tests, until a job has been conditionally offered

Affirmative action not needed

Penalizes individuals (males and whites) even though they have not been guilty of practicing discrimination No longer needed as an African American has been elected as president Results in greater polarization and separatism along gender and racial lines Stigmatizes those it is designed to help Goals become quotas and force employers to "play by the numbers"

Nepotism

Practice of allowing relatives to work for the same employer

Alternative Dispute Resolution (ADR)

Process for resolving disputes among employees and employers using mediator or arbitrator

Age Discrimination in Employment Act of 1967 (ADA)

Prohibits discrimination against individuals age 40 or older- including recruitment, promotions, layoffs and pay raises -Amended by Older Workers Benefit Protection Act (OWBPA) - allows limited use of age as basis for reducing benefits as long as cost of benefits are still equal to cost of providing benefits for younger workers

Title II of Genetic Information Nondiscrimination Act of 2008 (GINA)

Prohibits use of genetic information for making employment decisions

Civil Rights Act of 1991

Requires employers to show that an employment practice is job related for the position and is consistent with business necessity Clarifies that plaintiffs bringing the discrimination charges must identify the particular employer practice being challenged and must show only that protected-class status played some role in their treatment An individual's race, color, religion, sex, or national origin must play no role in their employment practices Target intentional discrimination

Undue Hardship

Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities

possible harassers

Supervisors, customers, vendors, coworkers, former employees, other employees Cyber sexual harassment Females with more workplace authority are more likely to be harassed

Civil Rights Act of 1964, Title VII

The Equal Employment Opportunity Commission (EEOC) was established to enforce the provisions of Title 7. Made it illegal to discriminate.

Pay Equity

The idea that pay for jobs requiring comparable levels of knowledge, skill, and ability should be similar, even if actual duties differ significantly

Amendments to ADA (ADAAA) in 2009

This expanded the definition of disabled individuals to include anyone with a physical or mental impairment that substantially limits one or more major life activities without regard for the ameliorative effects of mitigating measures such as medication, prosthetics, hearing aids, and son on.

Older Workers Benefit Protection Act(OWBPA)

This law is an amendment to the ADEA and is aimed at protecting employees when they sign liability waivers for age discrimination in exchange for severance packages. To comply with this act employees must be given complete accurate information on the available benefits.

Affirmative action needed

To overcome past injustices or eliminate the effects of those injustices Creates more equality for all persons, even if temporary injustices to some individuals may result Raising the employment level of protected-class members will benefit U.S. society in the long run Properly used, it does not discriminate against males or whites Goals indicate progress is needed, not quotas

disparate treatment

Treating individual differently in employment situation Because of membership in protected classification (Protected Class)

appearance and weight discrimination

Uniform application of dress code is permitted Height and weight-related job requirements must be job-related

Burden of Proof

What individuals who file suit against employers must prove in order to establish that illegal discrimination has occurred. The plaintiff must be in a protected class and prove that disparate impact or disparate treatment existed

Gender pay gap still exists!

Women later entry to the workforce Women taking time out to get and raise children Gender differences in negotiating compensation Percentage of women in traditionally female jobs Ongoing gender discrimination

protected category

a group identified for protection under EEO laws and regulations

Office of Federal Contract Compliance Programs (OFCCP)

a regulatory agency responsible for developing guidelines and overseeing compliance with executive orders -cover companies doing business with the federal government

Equal Employment Opportunity Commission (EEOC)

a regulatory agency responsible for developing guidelines and overseeing compliance with most of the anti-discrimination laws

employment discrimination acts

age and employment discrimination acts immigration and discrimination workplace religious diversity discrimination and the military

Business necessity

an employment practice that has some relationship to legitimate business goals and is essential to the company's survival -race and color can never BFOQ

blind to differences

differences among people should be ignored and everyone should be treated equally

affirmative action

employers are urged to employ people based on their race, age, gender, or national origin to make up for historical discrimination Requirement for federal government contractors to document the inclusion of women and racial minorities in the workforce Employees must submit plans describing attempts to narrow the gaps between the composition of their workforces and composition of labor markets where they obtain employees

equal employment opportunity

ensuring that applicants and employees are not illegally discriminated against

Availability Analysis

identifies the number of protected-class members available to work in the appropriate labor markets for given jobs.

26

if caring for a wounded soldier, the leave is extended to ___ weeks

essential function

job task, duty, or responsibility that must be done by person in a job

components of traditional diversity training

legal awareness, cultural awareness, sensitivity training

sexual harassment employer responses

o Establish sexual harassment policy, communicate the policy, train employees and managers on avoiding sexual harassment, investigate and take action when complaints are voiced

comparable worth

pay equity developed largely because of the continuing gap between the earnings of women and men

disability

physical or mental impairment that substantially limits one or more major life activities

Pregnancy Discrimination of 1978 (PDA)

requires that any employer with 15 or more employees treat maternity leave the same as other personal or medical leaves.

quid pro quo

sexual harassment in which employment outcomes are linked to the individual granting sexual favors

hostile work environment

situation that exists whenever an employee is the subject of unwelcome harassment because of his or her membership in a protected class and that harassment is severe and abusive

disabled person

someone who has a physical or mental impairment that substantially limits life activities, who has a record of such an impairment, or who is regarded as having such an impairment

increasing

the number of race-based harassment charges has been ______ lately

cultural awareness

trainers hope to build greater understanding of the differences among people, helps all participants see the differences in people and widely varying cultural backgrounds

legal awareness

training focuses on the legal implications of discrimination

Discrimination

treating people differently in employment situations because of characteristics such as race , color, and gender, that have nothing to do with their ability to perform a particular job