Misplaced Affections: Discharge for Sexual Harassment, Pages 116 (Chapter 3 ). .Read the Case Study entitled, Misplaced Affections: Discharge for Sexual Harassment????????several times to
Misplaced Affections: Discharge for Sexual Harassment, Pages 116 (Chapter 3 ). .
Chapter 3 Equal Employment Opportunity and Human Resources Management
Copyright ©2019 Cengage. All Rights Reserved.
Learning Outcomes
After studying this chapter, you should be able to
Describe the major equal employment opportunity (EEO) laws related to age, gender, religion, weight, and sexual orientation. Determine the employment practices they prohibit and the reason behind passage of EEO legislation. Describe what a bona fide occupational qualification is.
Explain how the Uniform Guidelines on Employee Selection Procedures were developed and how firms use them to ensure they are abiding by the law. Understand adverse impact and disparate treatment.
Understand Equal Employment Opportunity Commission (EEOC) record-keeping and posting requirements and describe how discrimination charges are processed by the EEOC.
Explain what affirmative action is and how companies today are seeing the value of voluntarily having diverse workforces.
Copyright ©2019 Cengage. All Rights Reserved.
Discussion Starter #1
One of the ways companies can foster diversity within their organizations is by getting employees to talk about their differences. For example, the Mallon Group Training and Management has developed a series of Know Me games that enable participants of different cultures, races, sexual orientations, and so forth to explore issues of diversity together.
What are some other ways that companies can foster diversity within their organizations?
Copyright ©2019 Cengage. All Rights Reserved.
3
ANSWER: Students’ answers will vary. Some suggested examples may include to implement a diversity training program, create a diversity committee, include opportunities for staff to interact in settings outside of the office so that employees learn about and feel more comfortable with their coworkers, and recognize and acknowledge special days and events such as the International Day for the Elimination of Racial Discrimination or Gay Pride events.
Introduction
Equal employment opportunity (EEO) – The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner
Equal Employment Opportunity Commission (EEOC) – The EEOC’s work consists of formulating EEO policy and approving all litigation involved in maintaining equal employment opportunity. The EEOC’s guidelines are not federal law but administrative rules and regulations published in the Federal Register
The number of filings have gradually increased over the last 20 years, marking an increased importance for managers to know and comply with numerous EEO laws as the workforce becomes more diverse and multicultural.
Copyright ©2019 Cengage. All Rights Reserved.
4
3.1 Historical Perspective of EEO Legislation
Equal employment opportunity as a national priority has emerged slowly in the United States.
Although the United States has progressed substantially in improving business practices and public attitudes about discrimination, problems still persist.
Copyright ©2019 Cengage. All Rights Reserved.
5
Figure 3.1: Three Factors Come Together to Influence EEO Legislation
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.1: Historical Perspective of EEO Legislation
Figure 3.1 shows that three factors seem to have influenced the growth of EEO legislation: (1) changing attitudes towards employment discrimination; (2) published reports highlighting the economic problems and injustices experienced by minority workers; and (3) a growing body of disparate discrimination laws and regulations at different levels of government that legislators feel should be standardized.
6
3.1a Changing National Values
Although the United States was founded on the principles of individual merit, hard work, and equality, employment discrimination has a long history in the United States.
The Employment Non-Discrimination Act, or “ENDA,” proposed by the U.S. Congress extends federal employment discrimination protection currently provided on race, religion, gender, national origin, age, and disability to include sexual orientation and gender identity.
Copyright ©2019 Cengage. All Rights Reserved.
7
3.1b Early Legal Developments
Civil Rights Act (1866)
Extended to all people the right to enjoy full and equal benefits of all laws, regardless of race
Unemployment Relief Act (1933)
Prohibited employment discrimination on account of race, color, or creed (religious beliefs)
Executive Order 8802 (1941)
Ensured that every American citizen, “regardless of race, creed, color, or national origin,” would be guaranteed equal employment opportunities for workers employed by firms awarded World War II defense contracts
Unfortunately, these early efforts did little to correct employment discrimination.
Copyright ©2019 Cengage. All Rights Reserved.
8
3.2 Government Regulation of Equal Employment Opportunity
Despite their shortcomings, the laws and executive orders discussed on the previous slide laid the groundwork for a significant number of laws that have since been passed barring employment discrimination.
Part of the reason why it is so critical for managers and supervisors to understand and apply EEO laws is that employees act as agents of their employers.
If a manager or supervisor violates the law, both he or she and the organization can face legal consequences.
Copyright ©2019 Cengage. All Rights Reserved.
9
Figure 3.2: Prohibited Discriminatory Employment Practices
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.2: Government Regulation of Equal Employment Opportunity
Figure 3.2 shows the various prohibited HR activities related to hiring, promoting, compensating employees, and so forth covered by EEO laws.
10
3.2a Major Federal Laws
Protected classes – Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity
Defined broadly, the classes include employees of a particular race, color, religion, national origin, sex, age, and those with physical or mental disabilities.
Copyright ©2019 Cengage. All Rights Reserved.
11
Figure 3.3: Protected Classes of Employees
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.2a: Major Federal Laws
Major federal EEO laws have been enacted to prevent discrimination against groups of workers most often affected by unfair employment practices. These groups are referred to as protected classes. As Figure 3.3 shows, the classes include employees of a particular race, color, religion, national origin, sex, age, and those with physical or mental disabilities.
12
Figure 3.4: Major Laws Affecting Equal Employment Opportunity
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.2a: Major Federal Laws
Figure 3.4 lists the major and separate federal laws and their provisions governing equal employment opportunity.
13
Video Highlight #1
A 2015 study on women in the workplace conducted by LeanIn.Org and McKinsey & Co. finds that corporate diversity initiatives aren't helping women break the glass ceiling. In this video, The Wall Street Journal’s Shelby Holliday takes a closer look at the reasons why and other key takeaways from the data.
Copyright ©2019 Cengage. All Rights Reserved.
14
Section 3.2a: Major Federal Laws
VIDEO: Why Aren’t More Women in C-Suite Jobs? (3:10)
A 2015 study on women in the workplace conducted by LeanIn.Org and McKinsey & Co. finds that corporate diversity initiatives aren't helping women break the glass ceiling. In this video, The Wall Street Journal’s Shelby Holliday takes a closer look at the reasons why and other key takeaways from the data.
https://www.youtube.com/watch?v=ifC_2sZ1S_4
TOPICS/CONCEPTS: glass ceiling, discrimination, protected classes, equal employment opportunity
Figure 3.5: Bona Fide Occupational Qualifications
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.2a: Major Federal Laws
Under Title VII of the Civil Rights Act, employers are permitted limited exemptions from antidiscrimination regulations if the employment preferences are based on a bona fide occupational qualification. A bona fide occupational qualification (BFOQ) permits discrimination when employer hiring preferences are a reasonable necessity for the normal operation of the business. Courts have ruled that a business necessity is a practice that is necessary for the safe and efficient operation of the organization. However, as Figure 3.5 shows, a BFOQ is a suitable defense against a discrimination charge only when age, religion, sex, or national origin is an actual qualification for performing the job.
15
Figure 3.6: Americans with Disabilities Act Suggestions for an Accessible Workplace
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.2a: Major Federal Laws
Congress in 1990 passed the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against individuals with physical and mental disabilities and the chronically ill. The act requires employers to make a reasonable accommodation for disabled people who are otherwise qualified to work, unless doing so would cause undue hardship to the employer. “Undue hardship” refers to unusual work modifications or excessive expenses that might be incurred by an employer in providing an accommodation. Reasonable accommodation “includes making facilities accessible and usable to disabled persons, restructuring jobs, permitting part-time or modified work schedules, reassigning to a vacant position, changing equipment, and/or expense.” Figure 3.6 identifies specific ways to make the workplace more accessible to the disabled.
16
3.2b Other Federal Laws and Executive Orders
Executive orders are used to provide equal employment opportunity to individuals employed by government contractors.
Copyright ©2019 Cengage. All Rights Reserved.
17
Figure 3.7: EEO Rules Applicable to Federal Contractors and Agencies
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.2b: Other Federal Laws and Executive Orders
The federal laws and executive orders that apply to government agencies and government contractors are summarized in Figure 3.7.
18
3.2c Fair Employment Practice Laws
Fair employment practices (FEPs) – State and local laws governing equal employment opportunity that are often more comprehensive than federal laws and apply to small-business employers
Copyright ©2019 Cengage. All Rights Reserved.
19
3.3 Other Equal Employment Opportunity Issues
Federal laws, executive orders, court cases, and state and local statutes provide the broad legal framework; and within these major laws, specific issues are of particular interest to supervisors and managers, such as:
Sexual harassment
Sexual orientation
Immigration reform and control
Copyright ©2019 Cengage. All Rights Reserved.
20
3.3a Sexual Harassment
Sexual harassment – Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment
Two forms of illegal sexual harassment under Title VII:
Quid pro quo harassment
Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions”
Involves a tangible or economic consequence, such as a demotion or loss of pay
Hostile environment
Occurs when unwelcome sexual conduct “has the purpose of effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment”
Copyright ©2019 Cengage. All Rights Reserved.
21
Video Highlight #2
This video describes sexual harassment in the workplace—how to recognize it, establish procedures to report it, and prevent it from occurring.
Copyright ©2019 Cengage. All Rights Reserved.
22
Section 3.3a: Sexual Harassment
VIDEO: Sexual Harassment in the Workplace (4:56)
This video describes sexual harassment in the workplace—how to recognize it, establish procedures to report it, and prevent it from occurring.
https://www.youtube.com/watch?v=NGc7KfQ3uWs
TOPICS/CONCEPTS: sexual harassment, equal employment opportunity
3.3b Sexual Orientation
No federal law bars discrimination based on one’s sexual orientation; thus, protection from discrimination for lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees largely comes from fair employment practice laws passed at state and local levels.
However, the EEOC interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation, such as:
Failing to hire an applicant because she is a transgender woman
Denying an employee equal access to a common restroom corresponding to the employee’s gender identity
Denying an employee a promotion because of sexual orientation
Harassing an employee because of his or her sexual orientation
Copyright ©2019 Cengage. All Rights Reserved.
Figure 3.8: States with Laws Prohibiting Sexual Orientation and Gender Identity Discrimination
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.3b: Sexual Orientation
Figure 3.8 shows which states have passed laws prohibiting sexual orientation and gender identity discrimination.
24
3.3c Immigration Reform and Control
Employers must comply with the requirements of the Immigration Reform and Control Act (IRCA).
The law has two employer mandates.
All employers covered by the law are prohibited from knowingly hiring or retaining authorized aliens on the job.
Employers with four or more employees are prohibited from discriminating in hiring or termination decisions on the basis of national origin or citizenship.
Copyright ©2019 Cengage. All Rights Reserved.
25
3.3d Emerging Employment Discrimination Issues
Weight discrimination
Attractiveness and discrimination
Caregivers and discrimination
Copyright ©2019 Cengage. All Rights Reserved.
26
3.4 Uniform Guidelines on Employee Selection Procedures (slide 1 of 4)
Uniform Guidelines on Employee Selection Procedures – A procedural document published in the Federal Register to help employers comply with federal regulations against discriminatory actions
Validity
When using a test or other selection instrument to choose individuals for employment, employers must be able to prove that the selection instrument bears a direct relationship to success on the job.
This proof is established through validation studies that show how related the test is to the job.
Copyright ©2019 Cengage. All Rights Reserved.
27
3.4 Uniform Guidelines on Employee Selection Procedures (slide 2 of 4)
Adverse Impact and Disparate Treatment
Adverse impact – A concept that refers to the rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with the successful, nonprotected class
Disparate treatment – A situation in which protected class members receive unequal treatment or are evaluated by different standards
Adverse impact cases deal with unintentional discrimination; disparate treatment cases involve instances of purposeful discrimination.
Example: Allowing men to apply for craft jobs, such as carpentry or electrical work, but denying this opportunity to women would show disparate treatment.
Copyright ©2019 Cengage. All Rights Reserved.
28
3.4 Uniform Guidelines on Employee Selection Procedures (slide 3 of 4)
Adverse Impact and Disparate Treatment (cont’d)
There are two basic ways to show that adverse impact exists:
Four-fifths rule – A rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings
A selection program has an adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (80 percent) of the rate of the class with the highest selection rate.
Restricted policy
Any evidence that an employer has a selection procedure that excludes members of a protected class, whether intentional or not, constitutes adverse impact.
Copyright ©2019 Cengage. All Rights Reserved.
29
3.4 Uniform Guidelines on Employee Selection Procedures (slide 4 of 4)
Workforce Utilization Analysis
Workforce utilization analysis – A process of classifying protected-class members by number and by the type of job they hold within the organization
This concept simply compares an employer’s workforce by race and sex for specific job categories against the surrounding labor market.
Copyright ©2019 Cengage. All Rights Reserved.
30
Group Activity
Step 1: Divide into small groups and summarize a provision of the EEOC’s Uniform Guidelines. In your summary:
Identify the changes that have been brought in the law and the cause for these changes.
State why employers should follow this selection procedure.
List its benefits and limitations.
Step 2: Present your summary to the class.
Copyright ©2019 Cengage. All Rights Reserved.
31
Estimated class time: 30–45 minutes
3.5 Enforcing Equal Employment Opportunity Legislation
The EEOC is responsible for ensuring that covered employers comply with equal employment opportunity legislation.
The commission accomplishes this goal primarily by:
Issuing various employment guidelines and monitoring the employment practices of organizations
Protecting employee rights through the investigation and prosecution of discrimination charges
Copyright ©2019 Cengage. All Rights Reserved.
32
3.5a Record-Keeping and Posting Requirements
Organizations subject to Title VII are required by law to maintain specific employment records and reports.
Those failing to comply with record-keeping and posting requirements or willfully falsifying records can incur penalties, including fines and imprisonment.
Copyright ©2019 Cengage. All Rights Reserved.
33
3.5b Processing Discrimination Charges
Charge form – A discrimination complaint filed with the EEOC by employees or job applicants
Retaliation
Managers and supervisors must not retaliate against individuals who invoke their legal rights to file charges or to support other employees during EEOC proceedings.
Retaliation includes any punitive action taken against employees who elect to exercise their legal rights before any EEO agency, including:
Terminating employees
Giving them unjustified negative appraisals
Demoting them
Reducing their salaries and work responsibilities
Copyright ©2019 Cengage. All Rights Reserved.
34
Figure 3.9: Filing a Charge of Employment Discrimination
Copyright ©2019 Cengage. All Rights Reserved.
Section 3.5b: Processing Discrimination Charges
Figure 3.9 summarizes the process of filing a discrimination charge with the EEOC.
35
3.5c Preventing Discrimination Charges
Both large and small employers understand that the foundation to prevent any form of discrimination is having a comprehensive EEO policy.
Antidiscrimination policy statements must be inclusive; they must cover all applicable laws and EEOC guidelines and contain practical illustrations of specific inappropriate behavior.
For the policy to have value, it must be widely disseminated to managers, supervisors, and all non-managerial employees.
Managers and supervisors must be trained to understand employee rights and managerial obligations.
Perhaps the ultimate key to prevent employment discrimination is for managers and supervisors to create an organizational climate in which the principles of dignity, respect, and the acceptance of a diverse workforce are the norm and therefore expected.
Copyright ©2019 Cengage. All Rights Reserved.
36
Discussion Starter #2
As a marketing manager, you have recently turned down Nancy Conrad for a position as sales supervisor. Nancy believes the denial was due to her gender, and she has filed a sex discrimination charge with the EEOC.
Explain the steps the EEOC will use to process the charge; include Nancy’s options during the process.
Copyright ©2019 Cengage. All Rights Reserved.
37
ANSWER: Nancy has 180 days from the alleged discrimination to file a charge of discrimination. Figure 3.9 illustrates the steps followed by the EEOC when processing a charge of discrimination. Nancy has the option to withdraw the charge at any time during the EEOC’s investigation. If the EEOC dismisses the charge, Nancy can file an individual suit after receiving a right-to-sue letter from the EEOC. Should the EEOC fail to sue in Nancy’s behalf and should her charge have merit (a conciliation argument is not reached), she may begin an individual suit within 90 days.
3.6 Affirmative Action and Diversity Management
Affirmative action – A policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct any past discriminatory practices by increasing the numbers of minorities and women in specific positions
Affirmative action programs are required by the OFCCP for employers with federal contracts greater than $50,000.
Chief diversity officer – A top executive responsible for implementing a firm’s diversity efforts
One of the drawbacks of implementing an affirmative action program is that an employer can be accused of reverse discrimination—the act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination.
Copyright ©2019 Cengage. All Rights Reserved.
38
Figure 3.10: Steps to Leveraging Employee Differences
Copyright ©2019 Cengage. All Rights Reserved.
39
Section 3.6b: Beyond Affirmative Action: Leveraging Diversity
The future of affirmative action might not rest in judicial decisions or laws but in the efforts of managers to voluntarily embrace and foster diversity. Differences of all sorts among people are ubiquitous in the workforce. Managers need to leverage these differences because they can be the source of organizational strength. The steps toward leveraging people’s differences involve seeing, understanding, and valuing them, as shown in the model in Figure 3.10. Highlights in HRM 5 on p. 113 of the text shows the actual activities individuals and organizations can take to facilitate each of these steps.
Discussion Starter #3
Affirmative action is both a legal and emotional issue affecting employees and employers.
Develop as many arguments as you can both supporting and opposing affirmative action as an employer policy.
If you were asked to implement such a program, what steps would you follow?
Copyright ©2019 Cengage. All Rights Reserved.
40
ANSWER: Proponents of affirmative action argue that it corrects past patterns of discrimination and forces organizations to take a proactive approach to hiring and promoting members of protected classes. Affirmative action programs help organizations become socially responsible.
Those against affirmative action believe it is a form of reverse discrimination. They argue that current employees should not suffer the ills of past discrimination. Furthermore, affirmative action reduces productivity by hiring and promoting those who may be the least productive.
Highlights in HRM 4 in the chapter provides the basic steps in developing an effective affirmative action program.
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.