© 2003 Prentice Hall, Inc.
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Chapter 2
Equal Opportunity and the
Law
Instructor presentation questions: docwin@tampabay.rr.com
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Outline of Chapter 2
 Equal Employment Opportunity 1963
to 1991
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Title VII of the 1964 Civil Rights Act
Executive Orders
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Vocational Rehabilitation Act of 1973
© 2003 Prentice Hall, Inc.
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Outline of Chapter 2
 Equal Employment Opportunity 1963 to
1991
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Vietnam era Veterans’ Readjustment Assistance Act
1974
Pregnancy Discrimination Act of 1978
Federal agency guidelines
Sexual harassment
Early court decisions regarding Equal Employment
Opportunity
Equal Employment Opportunity 1989-1991: A
shifting Supreme Court
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Outline of Chapter 2
 Equal Employment Opportunity 1991 to
present
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The Civil Rights Act of 1991
The New Workplace: Enforcing the 1991 CRA
Abroad
The Americans with Disabilities Act
State and Local Equal Employment Opportunity
Laws
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Outline of Chapter 2
 Defenses Against Discrimination
Allegations
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Adverse Impact
Bona Fide Occupational Qualification
Business necessity
Other considerations in discriminatory practices
defense
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Outline of Chapter 2
 Some Discriminatory Employment
Practices
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Discriminatory recruitment practices
Discriminatory selection standards
Sample discriminatory promotion, transfer and
layoff practices
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Outline of Chapter 2
 The EEOC Enforcement Process
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Processing a charge
Conciliation proceedings
How to respond to employment discrimination
charges
Mandatory arbitration of discrimination claims
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Outline of Chapter 2
 Diversity Management and Affirmative
Action Programs
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Managing Diversity
Strategic HR: Longo Toyota
Boosting Workforce Diversity
Equal Employment Opportunity versus Affirmative
Action
Affirmative Action: Two Basic Strategies
HR.net: Recruiting minorities online
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© 2003 Prentice Hall, Inc.
What You Should Be Able to
Do
 Avoid employment discrimination problems.
 Cite the main features of at least five
employment discrimination laws.
 Define adverse impact and explain how it is
proved and what its significance is.
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What You Should Be Able to
Do
 Cite specific discriminatory personnel
management practices in recruitment,
selection, and promotion, transfer, layoffs,
and benefits.
 Explain and illustrate two defenses you can
use in the event of discriminatory practice
allegations.
 Define and discuss diversity management.
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First Equal Employment
Action
 Title VII of the 1964 Civil
Rights Act
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Prevents discrimination
Established the Equal
Employment Opportunity
Commission (EEOC)
Covers all employers with 15
or more persons
Includes private and public
schools, state, local and
federal governments
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Other Early Employment
Actions
 Executive Orders
 Equal Pay Act of 1963
 Age Discrimination in Employment Act
of 1967
 Vocational Rehabilitation Act of 1973
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Other Early Employment
Actions
 Vietnam Era Veterans’
Readjustment
Assistance Act of 1974
 Pregnancy
Discrimination Act of
1978
 Federal Agency
Guidelines
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Federal Employment Actions 19631991
1963 Executive Order 11246
1963 Equal Pay Act
1964 Civil Rights Act
1967
Age Discrimination Act
1969
1973
1974
1978
1980
1989-1991
Executive Order 11375
Vocational Rehabilitation Act
Vietnam Era Veterans’ Readjustment Act
Pregnancy Discrimination Act
EEOC guidelines
Supreme Court Rulings
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© 2003 Prentice Hall, Inc.
Sexual Harassment
 Harassment on the basis of sex that
has the purpose or effect of
substantially interfering with a
person’s work performance or
creating an intimidating, hostile, or
offensive work environment.
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Sexual Harassment
 Employers have a duty
to keep workplace free
of sexual harassment
and intimidation
 Sexual harassment can
be shown in three ways
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Quid Pro Quo
Hostile environment
created by supervisors
Hostile environment
created by co-workers or
non-employees
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What’s an Employer to Do?

Two questions are asked by
the courts when determining
liability:
1. Did the company know or
should it have known that
harassment was present?
2. Did the company take any
action to stop the harassment?
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 Treat complaints
seriously
 Condemn behavior
 Inform employees
 Develop complaint
procedure
 Establish a response
system
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 Increase supervisors
awareness
 Discipline
 Keep records
 Conduct exit interviews
 Publish policy
 Encourage upward
communication
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Sample Sexual Harassment
Policy
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What’s an Employee to Do?
 File verbal complaint
 File a written report
 Turn to local EEOC
office to file a complaint
 Consult legal counsel
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Sexual Violence
 Federal Violence Against Women Act
of 1994
 Avenue to seek relief for violent sexual
harassment.
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Landmark Court Rulings
 Griggs v. Duke Power
Company
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Discrimination by the
employer need not be overt.
Employment practice must be
job related
Placed the burden of proof on
the employer
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Albemarle Paper Company
v. Moody
 Validity of job tests
must be
documented
 Performance
standards must be
unambiguous.
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Equal Employment
Opportunity 1989 - 1991
 Wards Cove Packing Company v. Atonio
 Business necessity
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Justification for an otherwise discriminatory
employment practice, provided there is an
overriding legitimate business purpose.
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Equal Employment
Opportunity 1991 - Present
 Civil Rights Act of 1991passed in
response to several court cases which
had limited protection under EEO law
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Burden of proof
Money damages
Mixed motives
Proof of discrimination
Global reach
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Americans With
Disabilities Act (ADA)
 A physical or mental
impairment that substantially
limits a major life activity
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Includes physiological conditions,
cosmetic disfigurement and loss
of any body systems
Does not count alternate lifestyle,
gambling, pyromania, or illegal
drug use
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ADA
 Qualified individuals:
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Protected from discrimination if reasonable accommodation
allows performance of essential job functions
 Reasonable accommodation:
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redesigning a job
modifying schedules
modifying equipment
 Mental impairments:
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Any mental or psychological disorder
Americans with Disabilities website
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What’s an Employer to Do?
 Can an employer:
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Deny a disabled person a job?
Be mandated to lower its existing
uniform job standards?
Ask about disabilities prior to
hiring?
Have different medical exams for
current employees versus
disabled employees?
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ADA in Practice
 Employers should ask:
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Does the employee have a disability that limits a
major life activity?
Is a disabled employee qualified for a job?
Can the employee perform the essential functions
of a job?
Can any reasonable accommodation be provided
without creating undue hardship on the employer?
Is the disability permanent ?
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© 2003 Prentice Hall, Inc.
State and Local EEO Laws
 Local laws usually extend or expand federal
laws
 Most states require EEO laws of businesses
with fewer than 15 people
 Some afford age discrimination laws to young
people
 EEOC often starts process by deferring to
state Human Resources Commissions
© 2003 Prentice Hall, Inc.
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Summary of Important EEO
Actions
Action
What it does
Title VII of 1964 Civil rights act
Bars discrimination due to race,
color, religion, sex, or national
origin
Executive orders
End discrimination on federal
contracts. Establish office of
federal compliance
Federal agency guidelines
Create policy on discrimination
based on sex, national origin
and religion
Case Griggs v. Duke
Job requirements based on job
success
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Summary of Important EEO
Actions
Action
What it does
Case Albemarle v. Moody
Burden of proof shifts to
employer when
showing qualification is valid
Equal Pay Act of 1963
Equal pay for men and
women doing same work
Age Discrimination in
Employment
of 1967
Protects a person 40 or over
from age discrimination
State and local laws
Cover small employers
© 2003 Prentice Hall, Inc.
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Summary of Important EEO
Actions
Action
What it does
Vocational Rehabilitation Act of Require affirmative action to
1973
employ and promote qualified
handicapped persons
Pregnancy Discrimination Act
of 1978
Prohibits discrimination against
pregnant women
Vietnam Era Veterans
Readjustment Assistance Act
of 1974
Require affirmative action in
employment for veterans
© 2003 Prentice Hall, Inc.
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Summary of Important EEO
Actions
Action
What it does
Case Ward Cove v. Atonio
Harder to prove unlawful
discrimination against an employer
Case Price Waterhouse v.
Hopkins
Unlawful actions not always
discriminatory if lawful action
results in same decision
Americans with Disabilities Act
of 1990
Employers need to make
reasonable accommodations for
disabled individuals
Civil Rights Act of 1991
Reverses earlier cases and puts
burden of proof on employer
© 2003 Prentice Hall, Inc.
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Defenses Against
Discrimination Allegations
Law differentiates disparate treatment and
disparate impact
 Disparate treatment
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A protected group was intentionally treated
differently
 Disparate impact
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Employer engages in a practice that has a greater
adverse impact on members of a protected group
regardless of intent
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How to Show Adverse
Impact
Adverse impact plays a
central role
Disparate rejection rates
Restricted policy
 Population comparisons
 McDonnell-Douglas test
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What’s an Employer to
Do?
 Two main defenses
 BFOQ - Bona fide occupational
qualification
 Business necessity
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Other Considerations
 Good intentions
 Collective bargaining
agreements
 Different responses
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Discriminatory Employment
Practices
 Recruitment practices
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Word of mouth
Misleading information
Help wanted gender ads
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Discriminatory Employment
Practices
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Selection standards
Educational requirements
 Tests which disproportionately screen minorities
 Preference to relatives
 Physical characteristics requirements
 Arrest records
 Certain personal information
 Discharge due to garnishment
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Discriminatory Promotion, Transfer,
and Layoff Practices
Employers can require conservative
style dress codes…
As well as a specific hair
style or appearance
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EEOC Enforcement Process
• Charge filed within 2 years of incident
• In writing, under oath
• EEOC serves notice and investigates
Dismiss case & issue
right to sue
Attempt conciliation
© 2003 Prentice Hall, Inc.
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EEOC Case Types FY 2000
77%
8%
9%
1%
5%
Title VII
ADA
ADEA
EPA
Concurrent
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© 2003 Prentice Hall, Inc.
Questions to Ask When an
Employer Receives a Complaint
1. To what protected group does the worker belong? Protected by
more than one statute?
2. Would the action complained of have been taken if the worker were
not a member of a protected group? Is the action having an adverse
impact on other members of a protected group?
3. Is the employee’s charge of discrimination subject to attack because
it was not filed on time, according to the applicable law?
4. In the case of a sexual harassment claim, are there offensive
posters or calendars on display?
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© 2003 Prentice Hall, Inc.
Questions to Ask When an
Employer Receives a Complaint
5. Do the employee’s personnel records demonstrate discriminatory
treatment in the form of unjustified warnings and reprimands?
6. In reviewing the nature of the action complained of, can it be
characterized as disparate impact or disparate treatment? Can it be
characterized as an individual complaint or a class action?
7. What are the company’s probable defenses and rebuttal?
8. Who are the decision makers involved, and what would they be
effective witnesses?
9. What are the prospects for a settlement of the case that would be
satisfactory to all involved?
© 2003 Prentice Hall, Inc.
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How a Company Responds to an
EEOC Charge
 Remember the EEOC are not judges
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Provide a detailed statement describing the firm’s
defense in its most persuasive light
Supply only information raised by the charge itself
Gather as much information
about the claim as possible
so you understand what
its all about
© 2003 Prentice Hall, Inc.
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How an EEOC Investigation
Proceeds
 EEOC fact finding conference
 Determination and attempted conciliation
 Voluntary mediation
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10% of the time this is the EEOC
recommendation
 Mandatory mediation
 Litigation
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Mandatory Arbitration of
Discrimination Claims
 Review all employment discrimination
suits filed against them
 Consider inserting a mandatory
arbitration clause
 Institute steps to protect against
arbitrator bias
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Diversity Works
race
race
gender
gender
handicap
handicap
culture
culture
national
nationalorigin
origin
age
age
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Voluntary Diversity
Organizational Steps
 Provide strong leadership
 Asses the situation
 Provide diversity training and education
 Change culture and management
systems
 Evaluate the managing diversity
program
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Why Workplace Diversity Is
Strategic
 Better business decisions
 Handling challenges
 Company growth
 Globalization
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How to Encourage
Diversity
 Written philosophy
 Evaluate
 Recruit
 Interact with representative
minority groups and
networks
 Voluntary affirmative action
© 2003 Prentice Hall, Inc.
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Two Useful Strategies in
Affirmative Action Design
 Good faith effort
 Quota strategy
As vice president of global workforce diversity for
IBM Corp, Ted Childs is responsible for the
company’s workforce diversity programs and
policies.
© 2003 Prentice Hall, Inc.
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Useful Strategies in
Affirmative Action
Day care
service with
flexible work
hours
Diversity candidate resource website
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Things to Remember As We Move
Into Chapter 3
 Title VII of 1964 CRA bars discrimination
based on race, color, religion, sex or national
origin
 EEOC empowered to conciliate discrimination
complaints
 CRA of 1991 places burden of proof on
employers, allows monetary damages
 ADA extends protection to the disabled
 Workplace diversity works