66
Have you ever Have you ever been, or do you been, or do you know someone, who know someone, who has been the has been the victim of any victim of any form of form of discrimination discrimination ? ?

What do you think about title IX

  • Upload
    colum

  • View
    20

  • Download
    0

Embed Size (px)

DESCRIPTION

Have you ever been, or do you know someone, who has been the victim of any form of discrimination ?. What do you think about title IX. Sports Programs. Boston University eliminates funds for Men’s golf, diving, and rowing. Adds women’s field hockey, rowing, and tennis. - PowerPoint PPT Presentation

Citation preview

Page 1: What do you think about title IX

Have you ever been, Have you ever been, or do you know or do you know

someone, who has someone, who has been the victim of any been the victim of any

form of form of discriminationdiscrimination??

Page 2: What do you think about title IX

What do you What do you think about title think about title

IXIX

Page 3: What do you think about title IX

Sports ProgramsSports Programs Boston UniversityBoston University eliminates funds for Men’s eliminates funds for Men’s

golf, diving, and rowing. Adds women’s field golf, diving, and rowing. Adds women’s field hockey, rowing, and tennis.hockey, rowing, and tennis.

Canisius CollegeCanisius College eliminates men’s baseball, eliminates men’s baseball, track, and football. Adds women’s Tennis, track, and football. Adds women’s Tennis, softball and field hockeysoftball and field hockey

Pepperdine UniversityPepperdine University funds division 1 women’s funds division 1 women’s soccer not men’s soccer.soccer not men’s soccer.

West VirginiaWest Virginia cuts 9 football grants-in-aid to cuts 9 football grants-in-aid to expand women’s sports programs per Title IXexpand women’s sports programs per Title IX

Does anyone care what happens to the Does anyone care what happens to the poor male participants at these schools?poor male participants at these schools?

Page 4: What do you think about title IX

Title IXTitle IX No person, on the basis of No person, on the basis of sex, shall be excluded from sex, shall be excluded from participation in, denied participation in, denied benefits of, or be benefits of, or be subjected to discrimination subjected to discrimination under any education under any education program receiving federal program receiving federal financial assistance.financial assistance.

Page 5: What do you think about title IX

What do you think What do you think about the about the

University of University of Michigan casesMichigan cases

Page 6: What do you think about title IX

What do you think What do you think about the State of about the State of Texas meritocracy Texas meritocracy program for high program for high

school graduates?school graduates?

Page 7: What do you think about title IX

7

The Emergence of EEOThe Emergence of EEO 3-2

Changes inSocietalValues

Economic Statusof Women and

Minorities

Role of GovernmentRegulation

EEOEEO

Page 8: What do you think about title IX

EEO Laws and Regulations:EEO Laws and Regulations: Title VII of the 1964 Civil Rights Title VII of the 1964 Civil Rights

ActAct Discrimination with regard to any employment Discrimination with regard to any employment

condition, including hiring, firing, promotion, condition, including hiring, firing, promotion, transfer, compensation, and admission training transfer, compensation, and admission training programsprograms

Defined protected categories or classesDefined protected categories or classes

Further clarifications by subsequent court cases Further clarifications by subsequent court cases and the 1991 Civil Rights Actand the 1991 Civil Rights Act

3-3

Page 9: What do you think about title IX

EEO Laws and EEO Laws and Regulations:Regulations:

Forms of DiscriminationForms of Discrimination

3-4

DISPARATE TREATMENTDISPARATE TREATMENT(Intentional)(Intentional)

DISPARATE OR DISPARATE OR ADVERSE IMPACTADVERSE IMPACT

(Unintentional)(Unintentional)

Page 10: What do you think about title IX

Forms of Discrimination:Forms of Discrimination:Disparate TreatmentDisparate Treatment

Applying different standards to different groups Applying different standards to different groups from protected categories or classesfrom protected categories or classes

Bona fide occupational qualification (BFOQ) Bona fide occupational qualification (BFOQ) maymay justify discrimination justify discrimination

must be a legitimate nondiscriminatory must be a legitimate nondiscriminatory reason reason

(see (see Diaz v. Pan Am World Airways)Diaz v. Pan Am World Airways) courts have applied the BFOQ defense very courts have applied the BFOQ defense very

narrowlynarrowly

Retaliation prohibitions applyRetaliation prohibitions apply

3-5

Page 11: What do you think about title IX

Disparate TreatmentDisparate Treatment Intentional discriminationIntentional discrimination Employers apply different standards Employers apply different standards

or treatment to different groups of or treatment to different groups of employees or applicants based upon a employees or applicants based upon a protected categoryprotected category

Key U.S. Supreme Court case:Key U.S. Supreme Court case: McDonnell Douglas McDonnell Douglas v. v. GreenGreen

Plaintiff must first establish a Plaintiff must first establish a prima prima faciefacie case proving disparate treatmentcase proving disparate treatment Applied, was qualified, was denied, Applied, was qualified, was denied,

job openjob open

Page 12: What do you think about title IX

Forms of Discrimination:Forms of Discrimination:

Disparate ImpactDisparate Impact Employment practices that disproportionately Employment practices that disproportionately

exclude groups based upon a protected exclude groups based upon a protected category (category (See Griggs v. Duke Power Co.)See Griggs v. Duke Power Co.)

Occurs when a racially neutral Occurs when a racially neutral employment practice has the employment practice has the effect of disproportionately effect of disproportionately excluding a group based upon a excluding a group based upon a protected categoryprotected category

Four-fifths rule often used to evaluate potential disparitiesFour-fifths rule often used to evaluate potential disparities

Showing validation or business necessity may justify Showing validation or business necessity may justify discriminationdiscrimination

Retaliation prohibitions again applyRetaliation prohibitions again apply

3-6

Page 13: What do you think about title IX

Four-Fifths Rule Used to evaluate whether

disparate impact exists

Discrimination typically occurs if the selection rate for one group is less than 80 percent (4/5) of the selection rate for another group

Page 14: What do you think about title IX

RetaliationRetaliation Federal EEO laws prohibit retaliation Federal EEO laws prohibit retaliation

against employees who:against employees who: oppose discriminatory practices, oroppose discriminatory practices, or participate in a protected investigation, participate in a protected investigation,

proceeding, or hearingproceeding, or hearing Retaliation includes:Retaliation includes:

terminationtermination denial of promotion or job benefitsdenial of promotion or job benefits demotion, suspension, or threatsdemotion, suspension, or threats

Page 15: What do you think about title IX

Whadd’ya mean discriminatory Whadd’ya mean discriminatory practices?????practices?????

Any employment practice applied unfairly against a protected groupTestingRecruitingPromotionsSalary increasestraining

Page 16: What do you think about title IX

DiscriminationDiscrimination

DisparateImpact

Four-fifthsRule

Retaliation

DisparateTreatment

Bona FideOccupationalQualification

(BFOQ)

Page 17: What do you think about title IX

Workplace Discrimination:Workplace Discrimination:Special and Contemporary IssuesSpecial and Contemporary Issues

3-7

Sexual harassment is considered a form of sex discrimination

Two forms of sexual harassment exist: Quid pro quo: exchanging sexual favors for job benefits.Hostile work environment: creating an offensive work environment.

See Meritor Savings Bank v. Vinson

Recent developments broaden employer responsibilitySee Faragher v. City of Boca Raton and Burlington v. Ellerth

TITLE VII AND SEXUAL HARASSMENT

Page 18: What do you think about title IX

Workplace Discrimination:Workplace Discrimination:Special and Contemporary IssuesSpecial and Contemporary Issues

Title VII and Pregnancy DiscriminationTitle VII and Pregnancy Discrimination Pregnancy Discrimination Act of 1978 Pregnancy Discrimination Act of 1978

amendmentamendment

Title VII and Religious MinoritiesTitle VII and Religious Minorities Focuses on hours worked and working conditionsFocuses on hours worked and working conditions

Title VII and “English-Only” RulesTitle VII and “English-Only” Rules Potential for disparate impact claimsPotential for disparate impact claims Showing business necessity may justify Showing business necessity may justify

discriminationdiscrimination

3-8

Page 19: What do you think about title IX

Civil Rights Act of 1991 amended Civil Rights Act of 1991 amended Title VIITitle VII Provided additional remedies and expanded Provided additional remedies and expanded

its scopeits scope

Executive Order 11246Executive Order 11246 Extends Title VII-like requirements Extends Title VII-like requirements

to federal contractorsto federal contractors

3-9

Workplace Discrimination:Workplace Discrimination:Special and Contemporary IssuesSpecial and Contemporary Issues

Page 20: What do you think about title IX

Equal Pay Act of 1963Equal Pay Act of 1963 Prohibit pay differentials between men and womenProhibit pay differentials between men and women

Age Discrimination in Employment Act of 1967Age Discrimination in Employment Act of 1967 Protects individuals 40 years of age or olderProtects individuals 40 years of age or older

Americans with Disabilities Act of 1990 (ADA)Americans with Disabilities Act of 1990 (ADA) Covers “qualified individuals”Covers “qualified individuals” Requires “reasonable accommodations”Requires “reasonable accommodations” Courts decide who’s “disabled” and whatCourts decide who’s “disabled” and what is “reasonable”is “reasonable”

3-10

Workplace Discrimination:Workplace Discrimination:Special and Contemporary IssuesSpecial and Contemporary Issues

Page 21: What do you think about title IX

Workplace Discrimination:Workplace Discrimination: Regulatory EnforcementRegulatory Enforcement

FEDERAL OFFICES AND AGENCIESFEDERAL OFFICES AND AGENCIES Equal Employment Opportunity Commission Equal Employment Opportunity Commission

(EEOC)(EEOC) Enforces most Federal employment Enforces most Federal employment

discrimination laws discrimination laws Office of Federal Contract Compliance Office of Federal Contract Compliance

Programs (OFCCP)Programs (OFCCP) Enforces Executive Order 11246Enforces Executive Order 11246

STATE OFFICES AND AGENCIESSTATE OFFICES AND AGENCIES

THE COURTSTHE COURTS

3-11

Page 22: What do you think about title IX

EEO and Affirmative ActionEEO and Affirmative Action

EEO is the law and EEO is the law and not voluntarynot voluntary

Applies to everyoneApplies to everyone Is colorblindIs colorblind Protects against Protects against

discrimination discrimination based on race, based on race, religion, sex, religion, sex, national origin, and national origin, and ageage

Affirmative Action Affirmative Action is voluntaryis voluntary

Is temporaryIs temporary Designed to correct Designed to correct

past injustices.past injustices.

Page 23: What do you think about title IX

3-13

Designed to eliminate Designed to eliminate past imbalancespast imbalances

Must not unnecessarily Must not unnecessarily trammel the rights of trammel the rights of the majority (known as the majority (known as reverse discrimination)reverse discrimination)

Must be temporaryMust be temporary Must not provide for set Must not provide for set

aside positions aside positions

Workplace Discrimination:Workplace Discrimination: Affirmative Action PlansAffirmative Action Plans

Analyze under-Analyze under-representation and representation and availabilityavailability

Set goalsSet goals

Specify how goals Specify how goals are to be attained are to be attained

Voluntary Plans Involuntary Plans

Page 24: What do you think about title IX

3-12

Designed to overcome past imbalances based upon a Designed to overcome past imbalances based upon a protected group categoryprotected group category

Commonly equated with preferences and special Commonly equated with preferences and special treatmenttreatment

Legality depends on its sourceLegality depends on its source Involuntary or Court MandatedInvoluntary or Court Mandated

EO 11246 requirement or court orderedEO 11246 requirement or court ordered VoluntaryVoluntary

Considerable court scrutiny (see Considerable court scrutiny (see United Steelworkers United Steelworkers v. Weber v. Weber

and and Johnson v. Transportation Agency)Johnson v. Transportation Agency)

The debate lives on in courtThe debate lives on in court

Workplace Discrimination:Workplace Discrimination: Affirmative ActionAffirmative Action

Page 25: What do you think about title IX

Sexual HarassmentSexual Harassment

Any form of conduct a reasonable Any form of conduct a reasonable person would find offensive; physical, person would find offensive; physical, verbal or environmental.verbal or environmental.

Unwelcome sexual advances.Unwelcome sexual advances. Request for sexual favors.Request for sexual favors. Other verbal or physical contact of a Other verbal or physical contact of a

sexual nature sexual nature when any of when any of following apply........following apply........

Page 26: What do you think about title IX

Sexual Harassment...Sexual Harassment...continued.continued.

Submission to such conduct is made Submission to such conduct is made explicitly or implicitly a term or explicitly or implicitly a term or condition of one’s employmentcondition of one’s employment

Submission to or rejection of such Submission to or rejection of such conduct is used as basis for decisions conduct is used as basis for decisions affecting employmentaffecting employment

The conduct has purpose of The conduct has purpose of unreasonable interfering with unreasonable interfering with performance, or.......performance, or.......

Page 27: What do you think about title IX

Has a purpose of creating an Has a purpose of creating an intimidating, hostile, or offensive intimidating, hostile, or offensive work environment.work environment.

Burden is on employer to remove Burden is on employer to remove offensive items or stop offensive offensive items or stop offensive behavior. May also extend to off-behavior. May also extend to off-duty and off-premises conduct.duty and off-premises conduct.

Sexual Harassment....Sexual Harassment....continuedcontinued

Page 28: What do you think about title IX

Sexual Harassment, EmployerSexual Harassment, Employer ResponsibilityResponsibility

Develop a policy against sexual Develop a policy against sexual harassment.harassment.

Promptly and thoroughly Promptly and thoroughly investigate all complaints.investigate all complaints.

Properly discipline all offendersProperly discipline all offenders

Page 29: What do you think about title IX

Contents of Sexual Contents of Sexual harassmentharassment PolicyPolicy

Define sexual harassment.Define sexual harassment. Encourage people to come forward Encourage people to come forward

with complaints.with complaints. Promise confidentiality.Promise confidentiality. Alternative channel for filing Alternative channel for filing

complaints.complaints. Promise prompt & thorough Promise prompt & thorough

investigation.investigation.

Page 30: What do you think about title IX

Contents of Sexual harassmentContents of Sexual harassment PolicyPolicy

Promise the company may take interim Promise the company may take interim steps pending full investigation.steps pending full investigation.

Appropriate disciplinary action against Appropriate disciplinary action against offenders.offenders.

Assure that there will be no retaliation Assure that there will be no retaliation or punishment for complaining.or punishment for complaining.

Page 31: What do you think about title IX

ADA Disability DefinitionADA Disability Definition An individual who has a An individual who has a

physical or mental impairment physical or mental impairment that substantially limits one or that substantially limits one or more of the major life activities, more of the major life activities, who has a record of such who has a record of such impairment or who is regarded impairment or who is regarded as having an impairment.as having an impairment.

Page 32: What do you think about title IX

ADA Prohibited QuestionsADA Prohibited Questions

Do you have aids? Asthma? Do you have aids? Asthma? Mental Condition?Mental Condition?

Do you have a disability that Do you have a disability that would interfere with your would interfere with your ability to perform this job?ability to perform this job?

What prescription drugs are What prescription drugs are you takingyou taking

Page 33: What do you think about title IX

Permissible Questions UnderPermissible Questions Under ADAADA

Can you perform the functions Can you perform the functions of this job with or without of this job with or without reasonable accommodation?reasonable accommodation?

Please describe or Please describe or demonstrate how you would demonstrate how you would perform these functions.perform these functions.

Page 34: What do you think about title IX

Permissible Questions UnderPermissible Questions Under ADAADA

Can you meet the attendance Can you meet the attendance requirements of this job?requirements of this job?

How much do you weigh? Height?How much do you weigh? Height?

Do you regularly eat three meals a Do you regularly eat three meals a day? ( day? ( Be careful here, Why do you Be careful here, Why do you need info?)need info?)

Page 35: What do you think about title IX

Reasonable AccommodationReasonable Accommodation

Unless employer can Unless employer can prove undue prove undue hardshiphardship the term reasonable the term reasonable accommodation may include following.accommodation may include following.

Make existingMake existing facilities facilities readily readily accessible and usable by disabled.accessible and usable by disabled.

RestructureRestructure job; part-time or modified job; part-time or modified work scheduleswork schedules; ; reassignreassign to vacant to vacant position; position; acquire or modifyacquire or modify equipment; equipment; provide qualified readers or interpreters.provide qualified readers or interpreters.

Page 36: What do you think about title IX

Pre-employment Medical Pre-employment Medical ExamsExams

No No medical exammedical exam before before conditional offer of employment.conditional offer of employment.

Physical agility / fitness tests O.K.Physical agility / fitness tests O.K. Certain psychological tests Certain psychological tests

measuring ability to perform O.K.measuring ability to perform O.K. Drug and Alcohol tests O. K.Drug and Alcohol tests O. K.

Page 37: What do you think about title IX

How to proceed safely under How to proceed safely under ADAADA

AssumeAssume the employee is disabled the employee is disabled if so claimed and try to determine if so claimed and try to determine reasonable accommodation.reasonable accommodation.

Initiate an interactiveInitiate an interactive discussion discussion with employee about with employee about accommodation.accommodation.

Do as much as you canDo as much as you can and then a and then a little more.little more.

Page 38: What do you think about title IX

Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 19641964

Prohibits discrimination against employees Prohibits discrimination against employees on the basis of (protected categories):on the basis of (protected categories): racerace colorcolor religionreligion sexsex national originnational origin

Prohibits discrimination with regard to any Prohibits discrimination with regard to any employment conditionemployment condition

Page 39: What do you think about title IX

Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964 1964 (continued)(continued)

Covered entities include:Covered entities include: Private employers with 15 or more employeesPrivate employers with 15 or more employees Labor organizations with 15 or more membersLabor organizations with 15 or more members Employment agenciesEmployment agencies Federal, state, and local government Federal, state, and local government

employersemployers Exempt entities include:Exempt entities include:

Private membership clubsPrivate membership clubs Native American tribesNative American tribes

Page 40: What do you think about title IX

Sexual Harassment Sexual Harassment (1 of 2)(1 of 2)

Considered a form of sex discrimination Considered a form of sex discrimination under Title VII of the Civil Rights Act of under Title VII of the Civil Rights Act of 19641964 is actionable when it occurs between is actionable when it occurs between

samesame as well as as well as oppositeopposite sex individuals sex individuals Forms of sexual harassment:Forms of sexual harassment:

Quid pro quoQuid pro quo – exchange of sexual favors – exchange of sexual favors for job benefitsfor job benefits

Hostile work environmentHostile work environment – creation of an – creation of an offensive working environmentoffensive working environment

Page 41: What do you think about title IX

Sexual Harassment Sexual Harassment (2 of 2)(2 of 2)

Key U.S. Supreme Court cases:Key U.S. Supreme Court cases: Pease Pease v. v. Alford Photo Industries, Inc.Alford Photo Industries, Inc. Meritor Savings Bank Meritor Savings Bank v. v. VinsonVinson FaragherFaragher v. v. City of Boca RatonCity of Boca Raton Burlington IndustriesBurlington Industries v. v. EllerthEllerth

Page 42: What do you think about title IX

Five elements for “quid pro quo.”Five elements for “quid pro quo.”

Plaintiff is a member of protected Plaintiff is a member of protected classclass

Plaintiff was subject to unwelcome SH Plaintiff was subject to unwelcome SH from supervisorfrom supervisor

Harassment claimed was based on sexHarassment claimed was based on sex Submission was an implied condition Submission was an implied condition

to receiving some form of job benefit.to receiving some form of job benefit. Employer knew or should have knownEmployer knew or should have known

Page 43: What do you think about title IX

What can an employer do?What can an employer do?

Have a written policy on Sexual Have a written policy on Sexual harassment.harassment.

Publicize the policyPublicize the policy Prohibit relation for reporting Sexual Prohibit relation for reporting Sexual

harassmentharassment Multiple channels for reporting complaintsMultiple channels for reporting complaints Assure prompt investigation and remidial Assure prompt investigation and remidial

action.action. Provisions of confidentiality Provisions of confidentiality

Page 44: What do you think about title IX

Pregnancy Discrimination Act of Pregnancy Discrimination Act of 19781978

Amended Title VII to protect pregnant Amended Title VII to protect pregnant women from employment discriminationwomen from employment discrimination

Prohibits employers from discrimination Prohibits employers from discrimination in providing employee benefits such as:in providing employee benefits such as: vacation timevacation time sick leavesick leave health insurancehealth insurance

Pregnancy to be treated on same basis as Pregnancy to be treated on same basis as any other medical problem or disabilityany other medical problem or disability

Page 45: What do you think about title IX

Prentice Hall, 2001 Chapter 1 45

Other Title VII IssuesOther Title VII Issues

Religious Discrimination

“English-Only” Rules

Page 46: What do you think about title IX

Civil Rights Act of 1991 Civil Rights Act of 1991 (1 of 3)(1 of 3)

Amends Title VIIAmends Title VII Allows plaintiffs to seek compensatory Allows plaintiffs to seek compensatory

andand punitive damages for intentional punitive damages for intentional discrimination discrimination

Allows plaintiffs to demand jury trial for Allows plaintiffs to demand jury trial for intentional discrimination claimsintentional discrimination claims

Reverses the U.S. Supreme Court’s Reverses the U.S. Supreme Court’s decision in the decision in the Wards Cove Packing Co.Wards Cove Packing Co. v. v. AtonioAtonio case case

Page 47: What do you think about title IX

Civil Rights Act of 1991 Civil Rights Act of 1991 (2 of 3)(2 of 3)

Prohibits adjusting test scores or using Prohibits adjusting test scores or using different cutoff scores on the basis of a different cutoff scores on the basis of a protected categoryprotected category

Clarifies the concept of mixed motive in Clarifies the concept of mixed motive in disparate treatment casesdisparate treatment cases

Extends the coverage of Title VII and Extends the coverage of Title VII and the Americans with Disabilities Act to the Americans with Disabilities Act to U.S. citizens employed by covered U.S. citizens employed by covered entities operating in foreign countriesentities operating in foreign countries

Page 48: What do you think about title IX

Civil Rights Act of 1991 Civil Rights Act of 1991 (3 of 3)(3 of 3)

Charges the EEOC with the tasks of Charges the EEOC with the tasks of providing technical assistance, providing technical assistance, education, and outreacheducation, and outreach

Expands the coverage of Title VII to the Expands the coverage of Title VII to the U.S. House of Representatives and U.S. House of Representatives and agencies of the legislative branchagencies of the legislative branch

Encourages the use of alternate Encourages the use of alternate dispute resolution to resolve dispute resolution to resolve employment discrimination disputes.employment discrimination disputes.

Page 49: What do you think about title IX

Executive Order 11246 (1965)Executive Order 11246 (1965)

Federal contractors, subcontractors, Federal contractors, subcontractors, and federally assisted construction and federally assisted construction projects must:projects must: develop a written plan of develop a written plan of affirmative affirmative

actionaction establish numerical goals and timetables establish numerical goals and timetables

to achieve integration and equal to achieve integration and equal opportunityopportunity

Page 50: What do you think about title IX

Equal Pay Act of 1963Equal Pay Act of 1963

Established the concept of Established the concept of equal pay equal pay for equal workfor equal work

Prohibits wage differentials based on Prohibits wage differentials based on gender between men and women gender between men and women performing the same work in performing the same work in organizationsorganizations

Page 51: What do you think about title IX

Age Discrimination in Employment Age Discrimination in Employment Act of 1967 (ADEA)Act of 1967 (ADEA) Protects individuals 40 years of age and Protects individuals 40 years of age and

older from employment discrimination older from employment discrimination based upon their agebased upon their age

The act covers the actions of:The act covers the actions of: private employers with 20 or more private employers with 20 or more

employeesemployees employment agenciesemployment agencies labor organizations with at least 25 memberslabor organizations with at least 25 members federal, state, and local governmentsfederal, state, and local governments

Page 52: What do you think about title IX

Americans with Disabilities Act of Americans with Disabilities Act of 1990 (ADA)1990 (ADA) (1 of 3)(1 of 3)

Prohibits discrimination against qualified Prohibits discrimination against qualified individuals with disabilities on the basis of individuals with disabilities on the basis of those disabilities in all aspects of those disabilities in all aspects of employmentemployment private employers with 15 or more employeesprivate employers with 15 or more employees state and local government employersstate and local government employers U.S. CongressU.S. Congress

Federal government employers and Federal government employers and contractors are covered under the contractors are covered under the Rehabilitation Act of 1973Rehabilitation Act of 1973

Page 53: What do you think about title IX

Americans with Disabilities Act of Americans with Disabilities Act of 1990 (ADA)1990 (ADA) (2 of 3)(2 of 3)

Employers must make Employers must make reasonable reasonable accommodationsaccommodations for the known for the known disabilities of a qualified individual with a disabilities of a qualified individual with a disabilitydisability

Qualified individual with a disability:Qualified individual with a disability: can perform the essential functions of a jobcan perform the essential functions of a job with or without reasonable accommodationwith or without reasonable accommodation

Page 54: What do you think about title IX

Americans with Disabilities Act of Americans with Disabilities Act of 1990 (ADA)1990 (ADA) (3 of 3)(3 of 3)

Employers are not required to make Employers are not required to make disability accommodations if doing so disability accommodations if doing so would create would create undue hardshipundue hardship for the for the organizationorganization

Key U.S. Supreme Court cases:Key U.S. Supreme Court cases: Sutton et al.Sutton et al. v. v. United AirlinesUnited Airlines Albertsons, Inc.Albertsons, Inc. v. v. KirkingburgKirkingburg MurphyMurphy v. v. United Parcel Service Inc.United Parcel Service Inc.

Page 55: What do you think about title IX

Americans with Disabilities Act of Americans with Disabilities Act of 1990 (ADA)1990 (ADA) (3 of 3)(3 of 3)

Employers are not required to make Employers are not required to make disability accommodations if doing so disability accommodations if doing so would create would create undue hardshipundue hardship for the for the organizationorganization

Key U.S. Supreme Court cases:Key U.S. Supreme Court cases: Sutton et al.Sutton et al. v. v. United AirlinesUnited Airlines Albertsons, Inc.Albertsons, Inc. v. v. KirkingburgKirkingburg MurphyMurphy v. v. United Parcel Service Inc.United Parcel Service Inc.

Page 56: What do you think about title IX

Enforcing the LawEnforcing the Law

Equal Employment Opportunity Equal Employment Opportunity Commission (EEOC)Commission (EEOC) Title VIITitle VII

Office of Federal Contract Compliance Office of Federal Contract Compliance Programs (OFCCP)Programs (OFCCP) Executive Order 11246Executive Order 11246

The CourtsThe Courts interpret the laws governing EEOinterpret the laws governing EEO

Page 57: What do you think about title IX

Voluntary Affirmative Action Voluntary Affirmative Action PlansPlans

Key U.S. Supreme Court cases:Key U.S. Supreme Court cases: United Steelworkers of AmericaUnited Steelworkers of America v. v. WeberWeber JohnsonJohnson v. v. Transportation AgencyTransportation Agency

The Supreme Court’s decisions The Supreme Court’s decisions established the criteria necessary for established the criteria necessary for lawful voluntary affirmative action lawful voluntary affirmative action plans (AAP) in organizationsplans (AAP) in organizations

Page 58: What do you think about title IX

Criteria for Voluntary AAPsCriteria for Voluntary AAPs

The AAP must exist to eliminate past The AAP must exist to eliminate past imbalances based on a protected imbalances based on a protected group categorygroup category

The AAP must not necessarily trammel The AAP must not necessarily trammel the rights of the majoritythe rights of the majority

The plan must be temporaryThe plan must be temporary The plan must not provide for set-The plan must not provide for set-

aside provisionsaside provisions

Page 59: What do you think about title IX

Involuntary Affirmative Action Involuntary Affirmative Action Plans Plans (1 of 2)(1 of 2)

OFCCP Revised Order No. 4 – suggests OFCCP Revised Order No. 4 – suggests the format and parts of an AAPthe format and parts of an AAP

Integral steps in developing an AAP:Integral steps in developing an AAP:1. Analyze under representation and 1. Analyze under representation and

availabilityavailability

2. Set goals2. Set goals

3. Specify how goals are to be attained3. Specify how goals are to be attained

Page 60: What do you think about title IX

Involuntary Affirmative Action Involuntary Affirmative Action Plans Plans (2 of 2)(2 of 2)

Key U.S. Supreme Court cases:Key U.S. Supreme Court cases: Adarand Constructors IncAdarand Constructors Inc. v. . v. PePeńańa HopwoodHopwood v. v. State of TexasState of Texas

Page 61: What do you think about title IX

SummarySummary

EEO programs are designed to eliminate EEO programs are designed to eliminate bias in HRM programsbias in HRM programs

The role of EEO and the law as a significant The role of EEO and the law as a significant force in shaping HRM policies and force in shaping HRM policies and programs is an accepted fact in societyprograms is an accepted fact in society

The law, executive orders, and court The law, executive orders, and court interpretations will continue to influence interpretations will continue to influence every phase of HRM programs and every phase of HRM programs and activitiesactivities

Page 62: What do you think about title IX

Sample topicsSample topics

Examine a company from HR perspectiveExamine a company from HR perspective Industry practicesIndustry practices Glass ceilingGlass ceiling CareersCareers Benefits of futureBenefits of future Employee burnoutEmployee burnout Outplacement and LayoffsOutplacement and Layoffs Corporate cultureCorporate culture Introducing change in an organizationIntroducing change in an organization

Page 63: What do you think about title IX
Page 64: What do you think about title IX
Page 65: What do you think about title IX
Page 66: What do you think about title IX