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WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

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WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Diversity and Diversity Management Diversity any perceived difference among people: age ... – PowerPoint PPT presentation

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Title: WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION


1
WORKPLACE DIVERSITY, EQUAL EMPLOYMENT OPPORTUNITY
AND AFFIRMATIVE ACTION
2
Diversity and Diversity Management
  • Diversity any perceived difference among
    people age, race, religion, functional
    specialty, profession, sexual orientation,
    geographic origin, lifestyle, tenure with the
    organization, or position, and any other
    perceived difference.

3
Diversity Management
  • Ensuring that factors are in place to provide
    for and encourage the continued development of a
    diverse workforce by melding these actual and
    perceived differences among workers to achieve
    maximum productivity

4
Managing the Diverse Workforce Various Components
  • Persons with Disabilities
  • Immigrants
  • Young Persons with Limited Education/Skills
  • Educational Level of Employees
  • Single Parents Working Mothers
  • Women in Business
  • Dual Career Families
  • Workers of Color
  • Older Workers

5
  • Equal Employment Opportunity And Affirmative
    Action

6
Equal Employment Opportunity An Overview
  • EEO has been modified since passage of the Civil
    Rights Act in 1964.
  • Congress has passed other legislation.
  • Major Supreme Court decisions interpreting the
    provisions were handed down.
  • Executive orders were signed into law.

7
U.S. Legal System
  • Executive branch President and regulatory
    agencies
  • Legislative branch House of Representatives and
    Senate
  • Judicial branch federal courts

8
Discrimination
  • Giving unfair advantage or disadvantage of
    members of one group over members of another group

9
Laws Affecting Equal Employment Opportunity
10
Civil Rights Act of 1866
  • Oldest federal legislation affecting staffing
  • Based on the Thirteenth Amendment
  • No statute of limitations
  • Employment is a contractual arrangement

11
Title VII of the Civil Rights Act of 1964 --
Amended 1972
  • Greatest impact on human resource management
  • Illegal for an employer to discriminate
  • Fifteen or more employees
  • Exceptions to Title VII
  • Persons not covered by Title VII
  • Created the Equal Employment Opportunity
    Commission (EEOC)

12
Illegal for an Employer to Discriminate
  • Race
  • Color
  • Sex
  • Religion
  • National origin

13
Exceptions to Title VII
  • Bona fide occupational qualifications (BFOQs)
  • Seniority and merit systems
  • Testing and educational requirements

14
Persons Not Covered by Title VII
  • Aliens not authorized to work in the United
    States
  • Members of the Communist party
  • Homosexuals

15
Sexual Harassment and Title VII
  • Quid pro quo benefit or punishment is
    contingent on submitting to sexual advances
  • Hostile work environment behavior in workplace
    makes it difficult for someone of a particular
    sex to work

16
Age Discrimination in Employment Act Of
1967--amended In 1978 1986
  • Illegal to discriminate against anyone 40 years
    or older
  • Administered by EEOC
  • Pertains to employers who have 20 or more
    employees
  • Provides for a trial by jury
  • Possible criminal penalty
  • Older Workers Benefit Protection Act (OWBPA)

17
Pregnancy Discrimination Act of 1978
  • Amendment to Title VII of the Civil Rights Act
  • Pregnancy, childbirth, or related medical
    condition
  • Benefits area also covered

18
Immigration Act of 1990
  • Revised U.S. policy on legal immigration
  • Increased levels of immigration

19
Illegal Immigration Reform and Immigrant
Responsibility Act of 1996
  • Severe limitations for violation of visas
  • Three year ban
  • Ten year ban

20
Americans with Disabilities Act (ADA)
  • Prohibits discrimination against qualified
    individuals with disabilities
  • Prohibits discrimination in all employment
    practices

21
Individual with a Disability
  • A person who has, or is regarded as having, a
    physical or mental impairment
  • Substantially limits one or more major life
    activities
  • A record of such an impairment
  • Regarded as having such an impairment

22
Civil Rights Act of 1991
  • Provide appropriate remedies for intentional
    discrimination and unlawful harassment
  • Codify the concepts of business necessity and job
    related
  • Confirm authority and guidelines for finding of
    disparate impacts under Title VII
  • Respond to recent Supreme Court decisions

23
Types of discrimination and how to file suit
  • Disparate treatment intentional
  • Plaintiff must show is member of protected group,
    applied for and qualified for job, rejected,
    position remained open or was filled by person
    with similar qualifications
  • Defendant must produce nondiscriminatory reason
    for rejection
  • BFOQ

24
Types of discrimination and how to file suit
  • Disparate impact facially neutral device leads
    to unintended advantage for one group
  • Plaintiff must show questionable employment
    practice disproportionately affects protected
    group relative to majority group
  • 4/5s rule 80 selection rate
  • Standard deviation rule
  • Defendant must show employment practice is
    business necessity

25
Glass Ceiling
  • Invisible barrier in organizations that
    prevents many women and minorities from achieving
    top-level management positions

26
Family Medical Leave Act (1993)
  • Up to 12 weeks unpaid leave after
  • Birth or adoption of child
  • Care for seriously ill family member or self
  • 50 or more employees
  • Provide same or similar job upon return
  • Paid health care during leave

27
Significant U.S. Supreme Court Decisions
  • Griggs v Duke Power Company job-related
    business practice
  • Albermarle Paper Company v Moody tests must be
    validated
  • Phillips v Martin Marietta Corporation no
    women-only standards

28
Enforcement of EEO
  • EEOC
  • OFCCP

29
Equal Employment Opportunity Commission (EEOC)
  • Title VII of the Civil Rights Act, as amended,
    created the EEOC
  • 3 responsibilities
  • Investigate and resolve
  • Gather information (EEO1- forms)
  • Issue guidelines

30
Steps in Handling a Discrimination Case
Charge Filed
Attempt at a No-Fault Settlement
Investigation by the EEOC
Attempt at Conciliation
Review Case for Litigation
Recommendation
Recommendation Against Litigation Right to Sue
Notice Issued to Charging Party
Recommendation for Litigation EEOC Initiates
Action
31
Exceptions to Title VII Coverage
  • Religious institutions, with respect to
    employment of persons of a specific religion in
    any of the institutions activities
  • Aliens
  • Member of the Communist Party

32
Uniform Guidelines on Employee Selection
Procedures
  • Assists employers, labor organizations,
    employment agencies, and licensing and
    certification boards in complying with federal
    prohibitions against employment practices that
    discriminate on basis of race, color, religion,
    gender, and national origin.

33
Adopted By
  • EEOC
  • Civil Service Commission
  • Department of Justice
  • Department of Labor

34
Additional Guidelines
  • Interpretative Guidelines on Sexual Harassment
  • Guidelines on Discrimination Because of National
    Origin
  • Guidelines on Discrimination Because of Religion

35
Affirmative Action Programs
  • An approach developed by organizations with
    government contracts to demonstrate that workers
    are employed in proportion to their
    representation in the firm's relevant labor market

36
Legal status of affirmative action
  • U.S. Forestworkers v. Weber
  • Voluntary plan must fix old patters of
    discrimination and be temporary
  • Johnson v. Santa Clara Transport Agency
  • Affirmative action plan should address manifest
    imbalance in employment practices
  • 2003 Michigan State cases
  • Race may be used as admission consideration
    sometimes
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