Discussion

Directions:

Throughout Chapter 3, which is entitled “Equal Employment Opportunity,” a variety of topics were introduced. Information about sexual harassment, disability discrimination, age discrimination, and more were explored. Furthermore, various laws related to equal employment were noted.

This week, you are required to select one of the laws that is discussed in Chapter 3. For the law selected, you need to detail information about that law in your own words. Explain how the law applies to organizations, any exemptions related to the law, and more. After providing an overview of the law, then critique your selected law. Do you believe that this law is a sound law? What enhancements might need to be considered? What are some common complaints associated with your selected law? Why?

Required Headings:

An Overview of the Law – Insert the Name of Your Law

A Critique of the Law – Insert the Name of Your Law

CHAPTER 3
Equal
Employment
Opportunity
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Learning Objectives
 Identify the major government agencies that
enforce employment discrimination laws
 Outline key provisions in the Civil Rights Acts
of 1964 and 1991 and compare the two
theories of unlawful employment
discrimination
 Show how women are affected by pay, job
assignments, and career issues
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Learning Objectives (continued)
 Distinguish between the two types of sexual
harassment and explain how employers can
prevent such misconduct
 List key elements of disability discrimination
laws
 Discuss the legal protections to prevent bias
and discrimination based on age, religion,
national origin, and other factors
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Nature of Equal Employment
Opportunity
 Employment decisions must be made on the
basis of job requirements and worker
qualifications
 Unlawful discrimination occurs when
employment decisions are made based on
protected characteristics
 Protected characteristics: Individual attributes such
as race, age, sex, disability, or religion that are
protected under E E O laws and regulations
 Equal employment opportunity (E E O): Employment
that is not affected by illegal discrimination
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Sources of Regulation
and Enforcement
 Federal statutes enacted by Congress
 State and city governments
 Courts
 Interpret the laws
 Rule on cases
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Sources of Regulation
and Enforcement (continued)
 Government agencies
 Issue guidelines and rules for law implementation
 Enforcement bodies for E E O
 Equal Employment Opportunity Commission (E E O
C) enforces employment laws for employers
 Department of Labor (D O L) oversees compliance
with employment-related laws
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Theories of Unlawful
Discrimination
 Disparate treatment: Individuals with
particular characteristics that are not job
related are treated differently from others
 Overt and intentional
 Follows a pattern or practice
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Theories of Unlawful
Discrimination (continued)
 Disparate impact: When an employment
practice that does not appear discriminatory
adversely affects individuals with a particular
characteristic
 Individuals are substantially underrepresented as a
result of employment decisions that work to their
disadvantage
 Unintentional because identical criteria are used,
but the results can differ for certain groups
 Landmark case: Griggs v. Duke Power (1971)
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Equal Employment Opportunity
Concepts
 Business necessity: Practice necessary for
safe and efficient organizational operations
 Bona fide occupational qualification (B F O
Q)
 Legitimate reason an employer can use to exclude
persons on otherwise illegal bases of consideration
 Burden of proof: Individuals who file suit
against employers must establish that illegal
discrimination has occurred
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Equal Employment Opportunity
Concepts (continued)
 Sufficient evidence, either factual or statistical, must
be provided to the court to support the case and
allow the plaintiff to continue with the claim
 Retaliation: Punitive actions taken by
employers against individuals who exercise
their legal rights
 To prevent charges of retaliation, employers can:
 Create and disseminate an antiretaliation policy
 Train supervisors and review performance evaluation
 Conduct a thorough internal investigation
 Take appropriate action
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Civil Rights Act of 1964, Title Seven
 States that it is illegal for organizations to
discriminate in any way based on a person’s
sex, race, national origin, color, and/or
religion
 Basis for several extensions of E E O law
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Coverage of Civil Rights Act
of 1964, Title Seven
 All private employers of 15 or more
employees
 All educational institutions, public and private
 State and local governments
 Public and private employment agencies
 Labor unions with 15 or more members
 Joint labor–management committees for
apprenticeships and training
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The Civil Rights Act of 1991
 Requires employers to show that an
employment practice is job related for the
position and is consistent with business
necessity
 Creates provision to claim compensatory and
punitive damages for the victims of
intentional discrimination
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Executive Orders 11246, 11375, and
11478
 Require federal contractors to take
affirmative action to compensate for
historical discrimination against women,
minorities, and handicapped individuals
 Affirmative action: Proactive employment practices
to compensate for historical discrimination against
minorities
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Managing Affirmative Action
Requirements
 Affirmative Action Program (A A P)
 Document that outlines proactive steps the
organization will take to attract and hire members
of underrepresented groups
 Objective
 To have the company’s workforce demographics
reflect as closely as possible the demographics in the
labor market from which workers are recruited
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Managing Racial and Ethnic
Discrimination Issues
 Making sure a hiring organization uses
recruitment approaches that secure a
diverse applicant pool
 Using anonymous application procedures
 Adopting policies against harassment of any
type
 Ethnic jokes, vulgar epithets, racial slurs, and
physical actions should be categorized as
harassment
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Sex/Gender Discrimination Laws
 The Pregnancy Discrimination Act (P D A)
 Treating maternity leave the same as other personal
or medical leaves
 Family and Medical Leave Act (F M L A)
 Giving up to 12 weeks of unpaid family leave and
allowing the individual to return to job
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Sex/Gender Discrimination Laws
(continued)
 The Equal Pay Act
 Paying similar wage rates for similar work without
regard to gender
 Differences in pay between men and women in the
same jobs are permitted because of:
 Differences in seniority, performance, quality, and/or
quantity of production
 Factors other than sex, such as skill, effort, and working
conditions
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Pay Equity
 Pay equity: Idea that pay for jobs requiring
comparable levels of knowledge, skill, and
ability should be similar, even if actual duties
differ significantly
 Called comparable worth
 Reason for enforcement
 Continued gap between the earnings of women
and men
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Steps to Reduce Pay Inequities
 Include all benefits that are part of pay to
calculate total compensation
 Ensure that people know how the pay
practices work
 Base pay on the value of jobs and
performance
 Benchmark against local and national
markets to make pay structures competitive
 Conduct frequent audits
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Glass Ceiling
 Glass ceiling: Discriminatory practices that
have prevented women and minority status
employees from advancing to executivelevel jobs
 Glass elevators: Limits that keep women from
progressing only in certain fields
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Some Ways to Break the Glass
 Establish formal mentoring programs
 Provide opportunities for career rotation
 Include women and minorities in top
management
 Establish clear goals for retention and
progression of women and minorities
 Allow for alternative work arrangements for
employees
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Sexual Orientation
 20 states, the District of Columbia, and many
cities have passed laws to protect applicants
and employees from discrimination on the
basis of sexual orientation
 Managers and employees should show
respect for individuals undergoing transition
surgery and therapy
 Can be done by ensuring individual privacy and
making the right accommodations when needed
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Nepotism and Romance
at Work
 Nepotism: Practice of allowing relatives to
work for the same employer
 Workplace romance
 Managers and employers face a dilemma
 Whether they should monitor and/or manage these
relationships to protect the firm from potential legal
complaints or do they simply ignore these relationships
 Risky because workplace romances have great
potential for causing conflict
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Sexual Harassment
 Sexual harassment: Unwelcome verbal, visual,
or physical conduct of a sexual nature that is
severe and affects working conditions or
creates a hostile work environment
 Can be perpetrated by boss or subordinate
 Can be perpetrated by men or women
 Goes unreported because victims are
embarrassed or concerned about retaliation
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Types of Sexual Harassment
 Quid pro quo
 Sexual harassment that links employment outcomes
to the granting of sexual favors
 Hostile environment
 Sexual harassment occurs when an individual’s
work performance or psychological well-being is
unreasonably affected by intimidating or offensive
working conditions
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Sexual Harassment Issues
 Gender stereotyping
 Electronic sexual harassment
 Sexual harassment may occur when employees
e-mail each other, visit social networking sites, and
access the Internet
 Tolerance can vary from country to country
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Ways to Prevent Sexual Harassment
 Establish a sexual harassment policy
 Communicate the policy regularly
 Train employees and managers on issues
related to sexual harassment
 Encourage reporting with a positive
culture
 Investigate when complaints are voiced
and take appropriate action
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Disability Discrimination
 Rehabilitation Act of 1973 provided for equal
employment opportunity for disabled workers
and applicants by federal contractors
 Americans with Disabilities Act (A D A)
 Applies to private employers, employment
agencies, and labor unions with 15 or more
employees
 A D A Amendments Act
 Broadens the definition of individuals with disabilities
to include anyone with an impairment that limits life
functions without regard for medication/prosthetics
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Disability Discrimination (continued 1)
 Person with a disability
 Individual who:
 Has a physical or mental challenge that greatly
reduces the ability to perform important life functions
 Possesses a record of such a challenge or
 Is thought to have such a challenge
 Individual is considered to have a disability
even if corrective measures are taken
 Significant life activities and functions include
visible activities and internal bodily functions
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Disability Discrimination (continued 2)
 Mental disabilities: Mental or psychological
disorders
 Intellectual disability, organic brain syndrome,
emotional or mental illness, and specific learning
disabilities
 Bipolar disorder, depression and anxiety disorder,
and temporary impairments
 Employees who develop disabilities may shift
to jobs where their disabilities do not affect
them as much
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A D A and Job Requirements
 Discrimination is prohibited against individuals
with disabilities who can perform the essential
job functions
 Essential job functions: Fundamental job duties
 Reasonable accommodation: Modification to
a job or work environment that gives a
qualified individual an equal employment
opportunity to perform
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Determining If a Job Function Is
Essential
 A job function may be considered essential
for any of several reasons
 The function may be:
 Essential because the reason the position exists is to
perform that function
 Essential because there is a limited number of
employees available who can perform the job
function
 Highly specialized so that the job incumbent is hired for
that expertise or ability to perform the particular
function
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Determining If a Job Function Is
Essential (continued)
 Evidence of whether a particular function is
essential:
 Employer’s judgment as to which functions are vital,
and written job descriptions prepared before
advertising/interviewing applicants for the job
 Amount of time spent on the job performing the
function, the consequences of not requiring the
incumbent to perform the function, and the terms
of a collective bargaining agreement
 Work experience of past incumbents in the job and
current work experience of incumbents in similar
jobs
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Undue Hardship
 Undue hardship: Significant difficulty or
expense imposed on an employer when
making an accommodation for individuals
with disabilities
 General guidelines are provided by the A D A
 Determined on a case-by-case basis
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Common Means of Reasonable
Accommodation
 Job reassignment
 Employer-provided assistance
 Additional training time
 Job restructuring
 Special equipment
 Modified work schedules
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Key to Making Reasonable
Accommodations
 Identifying essential functions
 Determining which accommodations are
reasonable so the individual can perform
core job duties
 Architectural barriers should not block access
 Work tasks must be assigned or modified to
allow performance
 Work hours and breaks may be adjusted
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A D A Restrictions and
Medical Information
 Restrictions prohibit employers from:
 Rejecting individuals because of a disability
 Asking job applicants any question about current or
past medical history until a conditional job offer is
made
 Using pre-employment medical exams, except for
drug testing, until a conditional job offer is made
 Medical information must be stored
separately and securely
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Genetic Bias Regulations
 Employers use genetic screening tests to:
 Make workers aware of genetic problems
 Terminate employees who may make extensive use
of health insurance benefits
 Genetic Information Nondiscrimination Act
 Limits health insurance plans’ use of genetic
information
 Prohibits employment discrimination on the basis of
genetic information
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Age Discrimination Laws
 Age Discrimination in Employment (A D E A)
 Prohibits discrimination against all individuals age 40
or older employed by an organization having 20 or
more workers
 Older Workers Benefit Protection Act (O W B P
A)
 Amendment to the A D E A
 Protects employees who sign liability waivers for
age discrimination in exchange for severance
packages
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Managing Age Discrimination
 Adopting age-neutral selection and
promotion practices
 Recruiting older people to return to the
workforce through part-time and other
attractive scheduling options
 Employing phased retirement
 Phased retirement: Approach that enables
employees to gradually reduce their workloads and
pay levels
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Religion and Spirituality in the
Workplace
 Religious discrimination: Hostile remarks or
refusal to hire individuals with different beliefs
 Religious expression: Express religious beliefs
at work in a way that does not harass others
 Managing religious diversity
 Changing an employee’s job tasks or scheduling
 Making an exception to dress and grooming rules
and making accommodations related to paying
union dues or agency fees, prayer, proselytizing,
and other forms of religious expression
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Immigration and Discrimination
 Immigration Reform and Control Act (I R C A)
 Requires that employers verify the employment
eligibility status of all employees without any
discrimination
 Requires that each employee must complete an
Employment Eligibility Verification (I-9) form within
the first three days of employment
 E-Verify federal database verifies the employment
eligibility of employees
 Has broadened visa requirements to
accommodate highly skilled employees
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Language Issues
 E E O C has issued guidelines stating that
employers may require workers to speak only
English at certain times or in certain situations
 The business necessity of the requirements must be
justified
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Military Status Protections
 Vietnam Era Veterans’ Readjustment
Assistance Act
 Uniformed Services Employment and
Reemployment Rights Act (U S E R R A)
 U S E R R A Provisions:
 Leaves of absence and return to employment rights
 Prompt reemployment on return
 Protection from discharge and retaliation
 Health insurance continuation
 Continued seniority rights
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Appearance and Weight
Discrimination
 Employers are allowed to set dress codes and
appearance standards as long as they are
applied uniformly
 Height and weight requirements must be
linked to specific job functions
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Components of Diversity Training
 Legal awareness
 Cultural awareness
 Sensitivity training
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Mixed Results for Diversity Training
 May not produce long-term changes in
people’s attitudes and behaviors toward
others with different characteristics
 Has not reduced discrimination and harassment
complaints
 Perceived as benefiting only women and
racial minorities and taking away
opportunities for white men
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Improving Diversity Training
Efforts
 Focusing on behavior
 Stressing that people can believe whatever
they wish, but at work their values are less
important than their behaviors
 Dealing with diversity is not about what
people can and cannot say
 It is about being respectful to others
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