Equal employment opportunity
refers to the government's attempt to ensure that all individuals have an equal chance for employment, regardless of race, color, religion, sex, or national origin
Thirteenth Amendment
Constitution abolished slavery in the United States.
Fourteenth Amendment
forbids the state to take life, liberty, or property without due process of law and prevents the states from denying the equal protections of the law
Civil Rights Acts of 1866 and 1871
granted all persons the same property rights as white citizens, as well as other rights such as that of entering into and enforcing contracts. Courts have interpreted one section of these laws as granting individuals the right to make and enforce employme
The Equal Pay Act of 1963
requires that men and women in the same organization who are doing equal work must be paid equally. If pay differences are a function of merit, seniority, and so forth, then the differences are allowable.
The Equal Pay Act of 1963
requires that men and women in the same organization who are doing equal work must be paid equally. If pay differences are a function of merit, seniority, and so forth, then the differences are allowable.
Title VII of the Civil Rights Act of 1964
is the major piece of legislation regulating EEO in the United States. Title VII makes it illegal for an employer to "fail or refuse to hire or discharge any individual, or otherwise discriminate against them, with respect to his compensation, terms, cond
The Age Discrimination in Employment Act (ADEA) of 1967
prohibits discrimination against employees over the age of 40.
The Vocational Rehabilitation Act of 1973
covers federal contractors and requires them to engage in affirmative action for disabled individuals. Govt. agencies/federal contractors >$2500
The Vietnam Era Veteran's Readjustment Act of 1974
requires federal contractors to take affirmative action toward employing Vietnam veterans
Pregnancy Discrimination Act
An amendment to Title VII of the Civil Rights Act, it makes illegal discrimination on the basis of pregnancy, childbirth, or related medical conditions as a form of unlawful sex discrimination. >15 EE's
The Americans with Disabilities Act (ADA)
protects individuals with disabilities from being discriminated against in the workplace by prohibiting discrimination in all employment practices. It requires that "reasonable accommodations" be made as long as they do not present an "undue burden" upon
Executive Orders
are directives issued and amended unilaterally by the president. Two affect HRM practice
1. Executive order 11246
2. Executive order 11478
Executive Order 11246
prohibits government contractors from discrimination based on race, color, religion, sex, and national origin. Affirmative action must be taken.
Executive Order 11478
requires the federal government to base all its employment policies on merit and fitness and specifies that race, color, sex, religion, and national origin should not be considered.
Equal Employment Opportunity Commission (EEOC)
is a division of the Department of Justice responsible for enforcing most of the EEO laws.
Three major responsibilities are detailed:
1. Investigation and Resolution
2. Information Gathering
3. Issuance of Guidelines
The Office of Federal Contract Compliance Procedures (OFCCP)
is responsible for enforcing executive orders that cover companies that have federal government contracts. Businesses with more than $10,000 in contracts must have affirmative action plans. The three components are listed below:
1. Utilization analysis
2.
Utilization analysis
is a comparison of the race, sex, and ethnic composition of the employer's work force with that of the available labor supply (by job group).
goals and timetables
are the part of a written affirmative action plan that specifies the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained.
Action steps
are the written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups.
Types of Discrimination
1. Disparate Treatment
2. Disparate Impact
3. Reasonable Accommodation
Disparate Treatment
exists when individuals in similar situations are treated differently and when the different treatment is based upon the individual's race, color, religion, sex, national origin, age, or disability status.
Disparate impact
occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities (facially neutral means that it lacks obvious discriminatory content yet affects one group to a greater extent than other groups
Reasonable Accommodation
places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.
four fifths rule
says that a test has disparate impact if the hiring rate for the minority group is less than four fifths (80 percent) of the hiring rate for the majority group.
In Griggs v. Duke Power
it was shown that the employer required either a high school diploma or passing scores on two nationally developed tests. However, the company had not studied the relationship of these selection devices to ability to do the job. Employees already on the j
Sexual Harassment
refers to unwanted sexual advances.
1. Quid pro quo harassment
2. A hostile working environment
Quid pro quo harassment
occurs when some type of benefit or punishment is made contingent upon the employee submitting to sexual advances.
A hostile working environment
occurs when someone's behavior in the workplace creates an environment that makes it difficult for someone of a particular sex to work.
Three Critical Conditions for Sexual Harassment
a. The plaintiff cannot have "invited or incited" the advances.
b. Harassment must have been severe. DOES A REASONABLE PERSON FIND BEHAVIOR OFFENSIVE???
c. The court must determine the liability of the organization for actions of its employees.
Preventive steps for Sexual Harassment
include development of a policy statement, training in inappropriate behaviors, development of a reporting mechanism, and disciplinary policy.