Matakuliah
Tahun
: J0124 – Manajemen Sumber Daya Manusia
: 2010
Equal Employment Opportunity,
Workforce Diversity & HRM
4
Learning Outcomes
After studying this chapter, the students should be able to :
• Explain the reasons behind passage of EEO legislation
• Describe diversity management
Bina Nusantara University
3
Historical Perspective of EEO Legislation
• Equal Employment Opportunity (EEO)
 The treatment of individuals in all aspects of
employment—hiring, promotion, training, etc.—in a
fair and nonbiased manner.
• Changing National Values
• Economic Disparity
• Early Legal Developments
 Civil Rights Act (1866)
 Executive Order 8802
 Civil Rights Act (1964)
© 2010 South-Western, a part of Cengage Learning. All rights reserved
The Legal Environment
Concerns
• Fairness issues
• Economic disparity
• Changing material
values
• Interest group
agendas
• Political party
mandates
• Loop-holes in
current legislation
Laws
Agencies
• Passed by
congress
• Passed by state
legislature
• Presidential
executive orders
• Type
Federal
nameagencies
here
• State agencies
title here
• Type
Independent
commissions
Challenges to Laws
State
Court
System
Federal
Court
System
Opinions and
Decisions
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Regulatory
Action
• Rulings
• Written
regulations
• Complaint
investigations
• Technical
assistance
• Lawsuits
Management
Responses
• Planning
compliance
strategies
• Formulating
appropriate HR
policies
• Briefing and training
employees and
managers
• Defending lawsuits
• Working with
government
agencies lobbying
for policy changes
Government Regulation of EEO
• Protected Classes
 Individuals of a minority race, women, older
people, and those with disabilities who are covered
by federal laws on equal employment opportunity
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Section 703(a) of Title VII of the Civil Rights Act
• It shall be unlawful employment practice for an
employer:
To fail or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual
with respect to his [or her] compensation, terms,
conditions, or privileges of employment because of
such individual’s race, color, religion, sex, or national
origin....
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Religious Preference
• Title VII of the Civil Rights Act
 Prohibits discrimination based on religion in
employment decisions, though it permits employer
exemptions.
 Defines religion to “include all aspects of religious
observance and practice, as well as belief.”
 Does not require employers to grant complete
religious freedom in employment situations.
 Requires that employers make a reasonable
accommodation (at minimum cost) without incurring
undue hardship in the conduct of the business.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Age Discrimination Actions
• Excluding older workers from important work
activities.
• Making negative changes in the performance
evaluations of older employees.
• Denying older employees job-related
education, career development, or promotional
opportunities.
• Selecting younger job applicants over older,
better-qualified candidates.
• Pressuring older employees into taking early
retirement.
• Reducing the job duties and responsibilities of
© 2010 South-Western, a part of Cengage Learning. All rights reserved
older employees.
What Is a “Disability”?
• The Americans With Disabilities Act (ADA)
defines a disability as:
 A physical or mental impairment that substantially
limits one or more of the major life activities.
 A record of such impairment.
 Being regarded as having
such an impairment.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
What Is a “Disability”? (cont’d)
•The ADA does not cover:
1. Homosexuality or bisexuality
2. Gender-identity disorders not resulting from
physical impairment or other sexual-behavior
disorders
3. Compulsive gambling, kleptomania, or pyromania
4. Psychoactive substance-use disorders resulting from
current illegal use of drugs
5. Current illegal use of drugs
6. Infectious or communicable diseases of public
health significance (applied to food-handling jobs
only and excluding AIDS)
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Sexual Harassment
• Sexual Harassment (under Title VII)
 Unwelcome advances, requests for sexual favors,
and other verbal or physical conduct of a sexual
nature in the working environment
 An employer is considered guilty of sexual
harassment when:

The employer knew or should have known about the unlawful
conduct and failed to remedy it or to take corrective action.

The employer allows nonemployees (customers or
salespeople) to sexually harass employees.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Types of Sexual Harassment
Hostile Environment
Quid Pro Quo
Submission
Rejection
Uncomfortable
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Subjective
Response
Sexual Harassment
• 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.
 Oncale v Sundowner Offshore Services (1998)

Same-sex sexual harassment (male-to-male, female-tofemale) is covered under Title VII.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Sexual Harassment (cont’d)
• Hostile Environment
 Occurs when unwelcome sexual conduct “has the
purpose or effect of unreasonably interfering with
job performance or creating an intimidating,
hostile, or offensive working environment.”
 Dirty jokes, vulgar slang, nude pictures, swearing,
and personal ridicule and insult constitute sexual
harassment when an employee finds them offensive.
 Courts use a “reasonable person” test for hostile
environment.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Forms of Discrimination
• Adverse Impact
 The rejection of a significantly higher percentage of
a protected class for employment, placement, or
promotion when compared with a nonprotected
class.
 Possibly the unintentional result of an innocent act,
yet the outcome is still discriminatory.
• Restricted Policy (Disparate Treatment)
 An employer’s intentional unequal treatment or
evaluation by different standards of protected-class
members.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Workforce Utilization Analysis
• Workforce Utilization Analysis
 The process of comparing the composition by race
and sex for jobs within an organization against
composition of the employer’s relevant labor
market.
 The workforce is at parity when its composition
matches the relevant labor market.
 If the workforce composition is below external
figures, the affected protected classes are
underutilized and the employer should take
affirmative steps to correct the imbalance.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
How to Achieve Fairness in EEO
1. Correct stereotyped thinking.
2. Eliminate irrelevant job requirements.
3. Open job and promotion opportunities to all
protected classes.
4. Promote on the basis of merit rather than
seniority.
5. Provide equal pay for equal work.
6. Modify employee benefits to needs of women,
minorities, and working families.
7. Management training in EEO requirements.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Preventing Discrimination Charges
• A comprehensive EEO training program for
managers and supervisors will include:
 The prohibitions covered in the various EEO statutes
 Guidance on how to respond to complaints of
discrimination
 Procedures for investigating complaints
 Suggestions for remedying inappropriate behavior
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Diversity Management:
Affirmative Action Issues
• Affirmative Action
 Policy that goes beyond equal employment
opportunity by requiring organizations to comply
with the law and correct past discriminatory
practices by increasing the numbers of minorities
and women in specific positions
• Reverse Discrimination
 The act of giving preference to members of
protected classes to the extent that unprotected
individuals believe they are suffering discrimination
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Managing Diversity: Affirmative Action
• Challenges to Affirmative Action (AA):
 AA has not improved protected groups employment.
 Individuals hired under AA feel prejudged as inferior
performers, and are often viewed as “tokens.”
 AA programs have failed in assimilating protected
classes into the workforce.
 Preferences shown toward one protected class may
create conflicts between other minority groups.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Employers can determine adverse impact by using the method outlined in the interpretive manual for the Uniform
Guidelines on Employee Selection Procedures.
A. Calculate the rate of selection for each group (divide the number of people selected from a group by the
number of total applicants from that group).
B. Observe which group has the highest selection.
C. Calculate the impact ratios by comparing the selection rate for each group with that of the highest group
(divide the selection rate for a group by the selection rate for the highest group).
D. Observe whether the selection rate for any group is substantially less (usually less than four-fifths, or 80
percent) than the selection rate for the highest group. If it is, adverse impact is indicated in most
circumstances.
© 2010 South-Western, a part of Cengage Learning. All rights reserved