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DeCenzo and Robbins HRM 7th Edition
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CHAPTER 3
Equal Employment Opportunity
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CHAPTER 3 TOPICS:
1: Civil Rights Act of 1964 2: Equal Employment Opportunity Act of 1972 3: Affirmative action 4: Adverse impact, for example 5: Americans with Disabilities Act of 1990 6: Family and Medical Leave Act of 1993 7: Discrimination charge defenses 8: Griggs v. Duke Power 9: Sexual harassment10: Glass ceiling
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1: CIVIL RIGHTS LEGISLATION
Civil Rights Act of 1866
Civil Rights Act of 1964 Title VII Title IX
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1: TITLE VII PROHIBITS DISCRIMINATION
IN Hiring Compensation Terms, conditions or privileges of
employment BASED ON
Race, religion, color, sex, national origin25 OR MORE EMPLOYEES
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2: EQUAL EMPLOYMENT OPPORTUNITY ACT
Title VII Amendments Enforcement Interpretation
EEOC created Prohibit discrimination File civil suit Coverage expanded
State and localEducational institutionsOver 15 employees
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3: AFFIRMATIVE ACTION
Stipulated by Title VII
Preferential treatment to minority group members Recruiting Hiring
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3: REASONS FOR AFFIRMATIVE ACTION
Majority workers were white male
U.S. companies were growing
Correct past prejudice
Change had to have legal and social coercion
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3: CURRENT AFFIRMATIVE ACTION
Fair employmentGroups given preferential treatmentIndividual performance should
determine employment actionsGoal: Equal employment opportunity
for all individuals
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4: HOW TO DETERMINE EEO?
Adverse impact Consequence of
practice
Disparate impactAdverse treatment
Treatment of protected class
Disparate treatment
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4: AGE DISCRIMINATION IN EMPLOYMENT ACT
196740 or 60 or ???Save $$Punitive damages 20+ employeesGovernment,
employment agencies, labor organizations
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4: PREGNANCY DISCRIMINATION ACT
1978HireInsureFireDepends on other
benefits coverage
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5: AMERICANS WITH DISABILITIES ACT
1990Reasonable
accommodationReassignment15 or more
employeesPrivate and public
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6: FAMILY AND MEDICAL LEAVE ACT
1993Family matters
(childbirth, adoption, sick child)
12 weeks unpaidHealth insuranceCome back to a jobWho is covered?
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6: EXECUTIVE ORDERS
Protect federal workers against discrimination
11246 1965 Race, religion, color,
national origin Office of Federal
Contract Compliance Programs
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6: MORE EXECUTIVE ORDERS
11375 Sex
11478 Political affiliation Marital status Physical disability
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6: CIVIL RIGHTS ACT OF 1991
Glass Ceiling ActPunitive damages
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7: DETERMINING DISCRIMINATION
Adverse impact on more than one individual
Tests indicate risky/questionable practices
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7: WAYS TO DETERMINE DISCRIMINATION
4/5ths ruleRestricted policyGeographical
comparisonMcDonnell-Douglas
test
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7: 4/5TH RULE
EEOC guidelineEach step of the
selection processMinority numbers
must be 80% of majority numbers
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7: RESTRICTED POLICY
Through hiring practices Intentional or not
A protected classExcluded from
consideration
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7: GEOGRAPHICAL COMPARISON
Qualified pool of applicants
MATCHED AGAINST
Characteristics of employees
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7: MCDONNELL-DOUGLAS TEST
Member of a protected group
Qualified for jobRejectedEnterprise then
continues to seek other applicants with similar qualifications
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7: WHAT TO DO WHEN….
EEO ALLEGES DISCRIMINATION Business necessity Bonafide
occupational qualification
Seniority
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7: BUSINESS NECESSITY
Operate in a safe and efficient manner
Employees possess appropriate Skills Knowledge Abilities
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7: BFOQ
Title VII exceptions Sex Age Religion
Job requirements “Reasonably necessary to meet the normal operation of that business or enterprise”
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8: DISCRIMINATION CASES
Griggs v. Duke PowerAlbemarle Paper
Company v. MoodyWard’s Cove Packing
Company v. Antonio
– See Exhibit 3-5
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Exhibit 3-5: Summary of Selected Supreme Court Cases Affecting EEO
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8: GRIGGS V. DUKE POWER
Interpretative guidelines for Title VII
Employment testingEmployers have
burden of proof that tests provide a reasonable measure of job performance
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8: ALBEMARLE PAPER COMPANY V. MOODY
Use and validate selection tests
Tests not validated before use
Tests used for hiring and promotion
Subjective supervisor ratings
Validating process
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8: WARD’S COVE PACKING COMPANY
Salmon canneryBurden of proof
shifted to employee
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8: REVERSE DESCRIMINATION
Allen Bakke UC Davis Medical
School entrance Seats could not be
set aside
Brian Webber Kaiser Aluminum
training program Endorsed voluntary
affirmative action
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8: YOUR HR ISSUES ARE…
HRM practices may be challenged by anyone
SO…. Defend Explain
OR ELSE
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9: ROLE OF EEOC
Notify organization of charge
Notify organization of findings
If cause Informal process Mediation meeting EEOC may file
charges in court
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9: SEXUAL HARASSMENT
15,000 complaints a year
Defined Hostile
environment Interferes with work Adversely affects
employment opportunity
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9: ROLE OF HRM IN SEXUAL HARASSMENT
Issue a policy Establish procedure Inform employees Train managers Investigate Corrective action Follow up Review turnover Privacy- recognition
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10: GLASS CEILING
Comparable worthInvisible barrier to
promotion Audit compliance
programs Training Organizational
culture
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QUICK: REVIEW CHAPTER 3
ANSWER THESE QUESTIONS ON A SHEET OF PAPER. 1. THE MOST IMPORTANT THING WE DID IN
CLASS TODAY _______.2. I STILL HAVE QUESTIONS ABOUT___. 3. THE BEST THING ABOUT CLASS TODAY
WAS _______________.4. DON’T D0 ____________ ANYMORE.
• TURN THEM IN, PLEASE. NO NAMES. WE’LL TALK NEXT CLASS SESSION
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PREVIEW: CHAPTER 4
Ask 3 people you know: Did you ever have to take a -
drug test to get a job?drug test to keep a job?polygraph test to get a job?polygraph test to keep a job?
Then ask about EMPLOYEE RIGHTS.
Write up their responses for 1 extra point on your final grade.
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Exhibit 3-1: Summary of Laws Affecting Discrimination
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Exhibit 3-2: Family and Medical Act
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Exhibit 3-3: Employer Communications Requirements Under FMLA
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Exhibit 3-4: Applying the 4/5ths Rule
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