Chapter 3
Part 2 Presentation
Immigration Reform and Control Act (IRCA)
of 1986 (Cont.)
• Denied illegal aliens federally funded welfare
benefits
• Legitimized some aliens through an amnesty
program
• Candidates for employment are not required
to be U. S. citizens but they must prove they
are eligible to work in the United States
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Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
• Passed partly in response to the fact that at least one of the
terrorists who blew up World Trade Center (1993) had legally
entered on a student visa
• Places severe limitations on persons who come to United
States and remain in the country longer than permitted by
their visas and/or persons who violate their nonimmigrant
status
• Three year ban
• Ten year ban
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Americans with Disabilities Act of 1990
(ADA)
• Prohibits discrimination against qualified
individuals with disabilities
• Person who has, or is regarded as having, a
physical or mental impairment that
substantially limits one or more major life
activities, and has a record of such an
impairment, or is regarded as having such an
impairment
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Americans with Disabilities Act (ADA)
(Cont.)
• EEOC guidelines on pre-employment inquiries
and tests regarding disabilities prohibit
inquiries and medical examinations intended
to gain information about applicants’
disabilities before a conditional job offer
• Ask only about potential employees’ ability to
do the job, and not about their disabilities
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Civil Rights Act of 1991
• Provide appropriate remedies for intentional
discrimination and unlawful harassment
• Codify business necessity and job related
• Confirm authority and guidelines for finding of
disparate impacts under Title VII. Disparate impact
occurs when certain actions in the employment
process work to the disadvantage of members of
protected groups.
• Concept discussed under the topic of adverse
impact.
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Civil Rights Act of 1991 (Cont.)
• Expand scope of relevant civil rights
statutes to provide adequate
protection to victims of discrimination
• Extraterritorial employment
• Does not apply to U.S. companies
operating in other countries if it
would violate laws or customs of
foreign country
• Glass Ceiling Act
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Damages Permitted
Number of
Employees
Damages
15-100
$50,000
101-200
201-500
Over 500
$100,000
$200,000
$300,000
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Glass Ceiling
Invisible barrier in
organizations that
prevents many women
and minorities from
achieving top-level
management positions
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Uniformed Services Employment and
Reemployment Rights Act (USERRA) of 1994
• Provide protections to Reservists and National
Guard members
• Workers entitled to return to civilian
employment after completing military service
• Intended to eliminate or minimize
employment disadvantages to civilian careers
that can result from service in uniformed
services
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State and Local Laws
• State and local laws affect
EEO
• When EEOC regulations
conflict with state or local
civil rights regulations
• Legislation more
favorable to women and
minorities applies
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Veterans’ Benefits Improvement Act (VBIA)
of 2004
• Amends portions of the USERRA
• Enhances housing, education, and other
benefits for veterans
• Requires employers to post a notice informing
employees of their rights under USERRA
• Increases the health care continuation period
for employees on military leave from 18
months to 24 months
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Significant U.S. Supreme Court Decisions
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Griggs v Duke Power Company
Albermarle Paper Company v Moody
Phillips v Martin Marietta Corporation
Espinoza v Farah Manufacturing Company
Dothard v Rawlingson
University of California Regents v Bakke
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Significant U.S. Supreme
Court Decisions (Cont.)
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American Tobacco Company v Patterson
Adarand Constructors v Pena
Grutter v Bollinger
Gratz v Bollinger
O'Connor v Consolidated Coin Caterers Corp.
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Griggs v Duke Power Company
• Major decision affecting HR
management
• When HR management
practices eliminate higher
percentage of minority or
women applicants, burden of
proof on employer to show
practice is job related
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Griggs v Duke Power Company (Cont.)
• Questions in employment procedures that
should be avoided if not job related include
credit record, conviction record,
garnishment record, and education
• Asking nonjob-related questions is legal; it is
how a hiring person uses information that
makes it illegal
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Albermarle Paper Company v Moody
Reaffirmed idea that any
test used in selection
process, or in promotion
decisions, must be
validated if it has an
adverse impact on
women and minorities
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Phillips v Martin Marietta
Corporation (Cont.)
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Examples of questions that should not be
asked are:
Do you wish to be addressed as Ms., Miss, or
Mrs.?
Are you married?
Do you have children?
Do you plan on having any more children?
Where does your spouse work?
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Espinoza v Farah Manufacturing Company
• Title VII does not
prohibit
discrimination on
basis of lack of
citizenship
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Dothard v Rawlingson
• Impact of decision was height and weight
requirements must be job related.
• Argument does not rebut prima facie evidence
showing requirements have discriminatory
impact on women, whereas no evidence was
produced correlating these requirements with
requisite amount of strength thought essential
to good performance
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American Tobacco Company v Patterson
Allows seniority and
promotion systems
established since
Title VII to stand,
although they
unintentionally hurt
minority workers
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O’Connor v Consolidated Coin Caterers
Corp.
Declared discrimination is
illegal even when all
employees are members
of the age protected age
group.
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