Northern Arizona University
College of Business Administration

MGT 310--Human Resource Management

Ch 3: Equal Employment Opportunity

• Equal Employment Opportunity (EEO)

  • Definition--treatment of individuals in all aspects of employment in a fair and nonbiased manner (hiring, promotion, training, etc.; not just employees)

  • Protected class--any group protected by law: sex (gender), race, religion, age, national origin, color, physical condition, position...

  • Agency--those authorized to deal with employees on the employers' behalf (managers, supervisors); personally responsible for illegal acts

  • VIDEO (11 min)

• Major federal laws (see Fig 3.1)

  • ACTIVITY--HRM 1, p. 100

  • Equal Pay Act of 1963--outlaws discrimination in pay, benefits, pensions based on gender (seniority, merit, incentives okay)

  • Civil Rights Act of 1964--bars discrimination in all HR activities based on race, color, religion, sex (gender), national origin

    • Bona fide occupational qualification (BFOQ)--acceptable to discriminate where there is an actual qualification for doing the job

      • Business necessity--necessary to the safe and efficient operation of the organization; authenticity

      • [Accent article]

    • Religious preference--protected  by Constitution and Civil Rights Act

      • All aspects of religious observance and practice, as well as beliefs

      • Reasonable accommodation--holidays/observances (scheduling), personal appearance (beards, veils, turbans), religious conduct (missionary work [proselytizing issue]); minimum cost

  • Age Discrimination in Employment Act of 1967

    • Age 40+

    • [Age article]

    • Exceptions: BFOQ, public safety or organizational efficiency

  • Equal Employment Opportunity Act of 1972

    • Extended Civil Rights Act to state and local government and public and private educational institutions

  • Pregnancy Discrimination Act of 1978--pregnancy as a disability; ability to perform the job

  • Americans with Disabilities Act of 1990 (ADA)

    • Prohibits discrimination against individuals with physical and mental handicaps, and the chronically ill

      • Disability--an impairment that substantially limits one or more of the major life activities; a record of such impairment, or being regarded as having such impairment (ambiguous)

        • Personality disorders are covered

        • Stress generally is not

        • If correctable, is not a disability

        • Exceptions (see p 106)

    • Reasonable accommodation--access, restructuring jobs, part-time or modified work schedules, reassigning, changing equipment (see Fig 3.2, p 108)

  • Civil Rights Act of 1991--allows damages in cases of intentional discrimination or unlawful harassment

    • Compensatory damages--losses, emotional pain and suffering, mental anguish...

    • Punitive damages--malice or reckless indifference

  • Uniformed Services Employment and Reemployment Rights Act of 1994--can leave job for military service for 4-5 years without loss of seniority or benefits; employers must make reasonable efforts to retrain or upgrade skills

  • Vocational Rehabilitation Act of 1973--certain private government contractors take "affirmative action" (see below) and make reasonable accommodation for disabled individuals (includes AIDS)

  • Executive Order 11246--prohibits discrimination by certain government contractors; must develop "affirmative action" plans; provide job opportunities for certain veterans

• Fair Employment Practice Laws--state and local governments; some more comprehensive than Federal laws

• Sexual Harassment

  • VIDEO (11 min)

  • Definition--(OH 2.4) unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to the conduct is tied to continuing employment or advancement

  • ACTIVITY--HRM 2 p. 113

  • Quid pro quo--when submission to or rejection of sexual conduct is used as a basis for employment decisions

  • Hostile environment--has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment when an employee finds them offensive (dirty jokes, vulgar slang, nude pictures, swearing, personal ridicule, leering, suggestive topics...

    • Employer is guilty when the employer knew or should have known about the conduct and failed to take corrective action (includes other nonemployees: salespeople, customers...)

    • Considerations--frequency, severity, threatening or humiliating, interferes with employee's performance

      • "Reasonable person" standard

  • 15% of cases filed by males, increasing numbers
  • Study in LA (n=1232)--1/3 of female and 1/4 of male employees reported being sexually harassed in their current job; 80% reported experiencing non-harassing sexual  behavior (Kreitner & Kiniki, p. 299)
  • [Articles (2)]
  • Components of a sexual harassment policy--HRM 3, p. 114
  • Sexual orientation--gays, lesbians, transgendered
    • Sex as protected class does not apply (Federal law)
    • State and local laws, e.g., Tucson
    • "Gay friendly" workplaces

• Immigration Reform and Control Act 1986

  • Unlawful to hire, recruit, or refer for a fee people not legally eligible for employment in the US

  • Form I-9 recordkeeping

  • Enforcement issue

• Uniform Guidelines on Employee Selection Procedures (EEOC 1978)

  • Validity--predictability of performance

  • Reliability--consistency of results

  • Adverse impact--rejection of higher percentage of a protected class

    • Four-Fifths Rule--80%; selection rate for any racial, ethnic, sex class is less than 80% of rate of class with highest selection rate (Appendix, p. 138)

    • Standard deviation analysis--Is the variance within the range that could be attributable to chance?

  • Disparate treatment--intentional discrimination (restricted policy)

    • McDonnell Douglas Test (pp.  117-118)

  • Workforce utilization analysis--race/sex by job category; recruiting, interviewing, hiring, promotion... vs. labor market

  • Significant court cases

    • Discrimination need not be intentional

    • Employment practices must be job related...a business necessity

    • Employment tests (including performance appraisals) must meet more-stringent requirements for predicting job success (validity)

    • Statistical disparity does not in itself show discrimination, must be relevant to qualified applicants

• Equal Employment Opportunity Commission (EEOC)--EEO enforcement

  • Generally 100+ employees, public employers, government contractors

  • Must have a policy, post notice, keep records

    • EEO-1 report

  • Cannot retaliate

  • Need to provide training--prevention

• Affirmative Action--required for some employers, otherwise voluntary

  • Definition--an effort to  recruit, select, train, and promote members of protected classes, may include corrective action for past discriminatory practices

  • Not quotas--unless required by court order to correct past discrimination

  • Basic steps--HRM 6, p. 127

  • Reverse discrimination--preferential treatment of members of a protected class in a way that discriminates against others (hiring less qualified applicants)

    • Baake case--affirmative action programs not illegal as long as rigid quotas are not specified for protected classes (i.e., race can be one factor, e.g., University of Michigan undergrad and law school cases)

    • Weber case--voluntary affirmative action programs are okay to eliminate racial imbalances

  • Challenges

    • Preferential treatment, quotas, and reverse discrimination

    • Has not consistently improved status of protected groups [except women]

    • Those hired sometimes feel prejudged ("tokens")

    • Have failed to assimilate protected classes into the workforce

    • Preferences for one group may create conflicts with others

  • Best practices

    • Management attitude toward diversity as a competitive advantage

    • Employee handbook

    • Training