CHAPTER 3
Equal Employment
Opportunity
DeCenzo and Robbins HRM 7th
Edition
1
CHAPTER 3 TOPICS:
 1:
 2:
 3:
 4:
 5:
 6:
 7:
 8:
 9:
10:
Civil Rights Act of 1964
Equal Employment Opportunity Act of 1972
Affirmative action
Adverse impact, for example
Americans with Disabilities Act of 1990
Family and Medical Leave Act of 1993
Discrimination charge defenses
Griggs v. Duke Power
Sexual harassment
Glass ceiling
DeCenzo and Robbins HRM 7th
Edition
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1: CIVIL RIGHTS
LEGISLATION
Civil Rights Act of
1866
Civil Rights Act of
1964
Title VII
Title IX
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1: TITLE VII PROHIBITS
DISCRIMINATION
IN
Hiring
Compensation
Terms, conditions or privileges of
employment
BASED ON
Race, religion, color, sex, national origin
25 OR MORE EMPLOYEES
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2: EQUAL EMPLOYMENT
OPPORTUNITY ACT
Title VII Amendments
Enforcement
Interpretation
EEOC created
Prohibit discrimination
File civil suit
Coverage expanded
State and local
Educational institutions
Over 15 employees
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3: AFFIRMATIVE ACTION
Stipulated by Title VII
Preferential treatment
to minority group
members
Recruiting
Hiring
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3: REASONS FOR
AFFIRMATIVE ACTION
Majority workers were
white male
U.S. companies were
growing
Correct past prejudice
Change had to have
legal and social
coercion
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3: CURRENT
AFFIRMATIVE ACTION
Fair employment
Groups given preferential treatment
Individual performance should determine
employment actions
Goal: Equal employment opportunity for
all individuals
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4: HOW TO DETERMINE
EEO?
Adverse impact
Consequence of
practice
Disparate impact
Adverse treatment
Treatment of
protected class
Disparate treatment
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4: AGE DISCRIMINATION
IN EMPLOYMENT ACT
1967
40 or 60 or ???
Save $$
Punitive damages
20+ employees
Government,
employment
agencies, labor
organizations
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4: PREGNANCY
DISCRIMINATION ACT
1978
Hire
Insure
Fire
Depends on other
benefits coverage
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5: AMERICANS WITH
DISABILITIES ACT
1990
Reasonable
accommodation
Reassignment
15 or more
employees
Private and public
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6: FAMILY AND MEDICAL
LEAVE ACT
1993
Family matters
 (childbirth, adoption,
sick child)
12 weeks unpaid
Health insurance
Come back to a job
Who is covered?
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6: EXECUTIVE ORDERS
Protect federal
workers against
discrimination
11246
1965
Race, religion, color,
national origin
Office of Federal
Contract Compliance
Programs
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6: MORE EXECUTIVE
ORDERS
11375
Sex
11478
Political affiliation
Marital status
Physical disability
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6: CIVIL RIGHTS ACT OF
1991
Glass Ceiling Act
Punitive damages
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7: DETERMINING
DISCRIMINATION
Adverse impact on
more than one
individual
Tests indicate
risky/questionable
practices
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7: WAYS TO DETERMINE
DISCRIMINATION
4/5ths rule
Restricted policy
Geographical
comparison
McDonnell-Douglas
test
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7: 4/5TH RULE
EEOC guideline
Each step of the
selection process
Minority numbers
must be 80% of
majority numbers
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7: RESTRICTED POLICY
Through hiring
practices
Intentional or not
A protected class
Excluded from
consideration
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7: GEOGRAPHICAL
COMPARISON
Qualified pool of
applicants
MATCHED AGAINST
Characteristics of
employees
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7: MCDONNELL-DOUGLAS
TEST
Member of a
protected group
Qualified for job
Rejected
Enterprise then
continues to seek
other applicants with
similar qualifications
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7: WHAT TO DO WHEN….
EEO ALLEGES
DISCRIMINATION
Business necessity
Bonafide occupational
qualification
Seniority
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7: BUSINESS NECESSITY
Operate in a safe and
efficient manner
Employees possess
appropriate
Skills
Knowledge
Abilities
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7: BFOQ
Title VII exceptions
Sex
Age
Religion
Job requirements
“Reasonably
necessary to meet
the normal operation
of that business or
enterprise”
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8: DISCRIMINATION
CASES
Griggs v. Duke Power
Albemarle Paper
Company v. Moody
Ward’s Cove Packing
Company v. Antonio
– See Exhibit 3-5
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Exhibit 3-5: Summary of Selected Supreme Court
Cases Affecting EEO
DeCenzo and Robbins HRM 7th
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8: GRIGGS V. DUKE
POWER
Interpretative
guidelines for Title
VII
Employment testing
Employers have
burden of proof that
tests provide a
reasonable measure
of job performance
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8: ALBEMARLE PAPER
COMPANY V. MOODY
Use and validate
selection tests
Tests not validated
before use
Tests used for hiring
and promotion
Subjective supervisor
ratings
Validating process
DeCenzo and Robbins HRM 7th
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8: WARD’S COVE PACKING
COMPANY
Salmon cannery
Burden of proof
shifted to employee
DeCenzo and Robbins HRM 7th
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8: REVERSE
DESCRIMINATION
Allen Bakke
UC Davis Medical
School entrance
Seats could not be set
aside
Brian Webber
Kaiser Aluminum
training program
Endorsed voluntary
affirmative action
DeCenzo and Robbins HRM 7th
Edition
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8: YOUR HR ISSUES ARE…
HRM practices may
be challenged by
anyone
SO….
Defend
Explain
OR ELSE
DeCenzo and Robbins HRM 7th
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9: ROLE OF EEOC
Notify organization of
charge
Notify organization of
findings
If cause
Informal process
Mediation meeting
EEOC may file charges
in court
DeCenzo and Robbins HRM 7th
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9: SEXUAL HARASSMENT
15,000 complaints a
year
Defined
Hostile environment
Interferes with work
Adversely affects
employment
opportunity
DeCenzo and Robbins HRM 7th
Edition
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9: ROLE OF HRM IN
SEXUAL HARASSMENT
Issue a policy
Establish procedure
Inform employees
Train managers
Investigate
Corrective action
Follow up
Review turnover
Privacy- recognition
DeCenzo and Robbins HRM 7th
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10: GLASS CEILING
Comparable worth
Invisible barrier to
promotion
Audit compliance
programs
Training
Organizational culture
DeCenzo and Robbins HRM 7th
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QUICK: REVIEW
CHAPTER 3
ANSWER THESE QUESTIONS ON A SHEET
OF PAPER.
1. THE MOST IMPORTANT THING WE DID IN
CLASS TODAY _______.
2. I STILL HAVE QUESTIONS ABOUT___.
3. THE BEST THING ABOUT CLASS TODAY WAS
_______________.
4. DON’T D0 ____________ ANYMORE.
• TURN THEM IN, PLEASE. NO NAMES. WE’LL TALK
NEXT CLASS SESSION
DeCenzo and Robbins HRM 7th
Edition
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PREVIEW: CHAPTER 4
Ask 3 people you know:
Did you ever have to take a drug test to get a job?
drug test to keep a job?
polygraph test to get a job?
polygraph test to keep a job?
Then ask about EMPLOYEE RIGHTS.
 Write up their responses for 1 extra point on your final grade.
DeCenzo and Robbins HRM 7th
Edition
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Exhibit 3-1: Summary of Laws Affecting Discrimination
DeCenzo and Robbins HRM 7th
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Exhibit 3-2: Family and Medical Act
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Exhibit 3-3: Employer Communications Requirements
Under FMLA
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Exhibit 3-4: Applying the 4/5ths Rule
DeCenzo and Robbins HRM 7th
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