Human Resource Management- Chapter 2

Title VII

Discriminates against disparate treatment and disparate impact

1. Stereotyping 2. Discrimination 3. Tokenism 4. Ethnocentrism 5. Gender-role stereotypes

Downsides to diversity:

Adverse Impact

- The overall impact of employer practices that result in significantly higher percentage of member of minorities and other protected groups being rejected for employment, placement, or promotion -Under the Civil Rights Act of 1991, a person who believes he or she has been unintentionally discriminated against need only establish a prima facie case of discrimination

disparate impact

-an unintentional disparity between the proportion of a protected group applying for a position and the proportion getting the job. -to prove, one must measure the effect of the employer's actions by analyzing their adverse impact on the employer's actual hiring results

Civil Rights Act of 1991

1. addressed the issue of burden of proof (a plaintiff demonstrates that an employment practice has a disparate impact on a particular group) 2. makes it easier to sue for money damages 3. an employer cant avoid liability by proving it would have taken the same action even without the discriminatory motive. (if there is ant motive, the practice may be unlawful)

Griggs vs. Duke Power Company

1. discrimination on the part of the employer does not have to be shown to be intentional 2. an employee practice must be shown to be job related if it has an unequal impact of members of the protected class 3. proof on the employer to show that the hiring practice is job related

1. bona fide occupational qualification 2. business necessity

2 defenses an employer can use

1. Quid Pro Quo 2. Hostile work environment created by supervisors 3. hostile work environment created by employees or coworkers

3 types of sexual harassment

1. the person belongs to a protected class 2. he or she applied and was qualified for a job for which the employer was seeking applicants 3. despite the qualification, he or she was rejected 4. after rejection, the position remained open and the employers continued seeking application from the persons with the complainant's qualifications

4 rules for applying the McDonnell-Douglas Test

1. issue a written equal employment policy indicating that the firm is an equal employment opportunity employer 2. demonstrate top-management support for the equal employment policy 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 groups 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

Nine steps in an affirmative action program:

greater sales growth

a benefit of diversity

Griggs vs Duke Power Company

a landmark case because the Supreme Court used it to define unfair discrimination.

stereotyping

a process in which someone ascribes specific behavioral traits or individuals based on their apparent membership in a group

Retaliation

all laws enforces make it illegal to fire, demote, or harass against people because they filed a charge, complained to their employer or other covered entity about discrimination, or because they participated in a discrimination investigation or lawsuit

Pregnancy Discrimination Act of 1978

an amendment to Title VII that broadened the definition of sex discrimination to encompass pregnant women, childbirth, or related medical conditions

Albermarle Paper Company vs. Moody

case that helped clarify what the employer must do to prove that the test or screening tool is related to the performance on the job

Burlington Industries vs. Ellerth and Faragher vs. City of Boca Raton

further clarifies the law on sexual harassment

diversity

having a workforce comprised of two or more groups of employees with various racial, ethnic, gender, cultural, national origin, handicap, age, and religious background

bona fide occupational qualification

it should not be an unlawful employment practice for an employer to hire an employee on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

Griggs vs. Duke Power Company

landmark case because the Supreme Court used it to define unfair discrimination

Equal Pay Act of 1963

made it unlawful to discriminate in pay on the basis of sex when jobs involve equal work and are performed under similar working conditions

Age Discrimination in Employment Act of 1967

makes it unlawful to discriminate against employees or applicants for employment who are over 40 years old

Managing Diversity

maximizing diversity's potential advantages while minimizing the potential barriers that can undermine the functioning of a diverse workforce

tokenism

occurs when a company appoints a small group of women or minorities to high-profile positions, rather than more aggressively seeking full representation for that group Slows the process of hiring or promoting more members of the minority group

hostile work environment

one need not show that the harassment had tangible consequences such as demotion no direct threats or promises

The Federal Employment Non-Discrimination Act (ENDA)

prohibit workplace discrimination based on sexual orientation and gender identity if Congress passes it

Genetic Information Non-Discrimination Act of 2008 (GINA)

prohibits discrimination by health insurers and employers based on people's genetic information. Set strict confidentiality requirements

American with Disabilities Act (ADA) of 1990

prohibits employment discrimination against qualified individuals. requires employers to make reasonable accommodations for physical and mental limitations, unless doing so imposes an undue hardship on the business

quid pro quo

prove that rejecting a supervisor's advances adversely affected a "tangible employment action" such as hiring, firing, promoting, or compensating

disparate treatment

refers to intentional discrimination

Adverse Impact

refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion

disparate impact

refers to unintentional discrimination

Vocational Rehab. Act of 1973

requires employees with federal contracts over $2,500 to take affirmative action for the employment of handicapped persons

business necessity defense

requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable

affirmative action

requiring the employer to make an extra effort to hire and promote those in protected groups includes special actions to eliminate the present effects of past discrimination

Title VII of the 1964 Civil Rights Act

says an employer cannot discriminate based on race, color, religion, sex, or national origin.

Meritor Savings Bank vs. Vinson

sexual harassment case that the Supreme Court used to endorse the EEOC's guidelines on sexual harassment

Title VII

sexual harassment is a violation of _______ ____.

Title VII of the 1964 Civil Rights Act

states that it shall be unlawful employment practice for an employer to 1. fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his/her compensation, terms conditions, or privileges based on race, color, religion, sex, or national origin 2. to limit, segregate, or classify his or her employees or applicants for employment in any way that would deprive any individual of employment opportunity sue to race, color, religion, sex, or national origin

discrimination

taking specific actions toward or against the person based on the person's group

1. That the employer exercised good care to prevent and correct promptly any sexual harassing behavior 2. that the plaintiff unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer

the employer can defend itself against sexual harassment allegations by showing two things:

gender-role stereotypes

the tendency to associate women with certain jobs

1. Disparate rejection rate: the "4/5THS Rule" 2. McDonnell-Douglas Test

two ways an applicant can show that the selection procedures resulted in a substantial adverse impact on his or her minority group

sexual harassment

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