MGT 430 – Spring 2016
Class 3 - Chapter 3
Providing Equal Employment Opportunity
and a Safe Workplace
T LAWS
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Declaration of Independence
“We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness…”
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EEO: Constitutional Amendments
13th Amendment (adopted 1865)
14th Amendment (adopted 1868)
(Johnson)
(Grant)
• Abolished slavery and
involuntary servitude in the
United States, except as
punishment for a crime.
• Forbids states from taking life,
liberty, or property without due
process of law.
• Prevents states from denying
equal protection of
discrimination.
• Applies to decisions or actions
of government or private
groups.
15th AMENDMENT
Adopted 1870 (Grant)
Prohibits the federal and state governments from denying a
citizen the right to vote based on that citizen's “race, color, or
previous condition of servitude".
The last of the Reconstruction Amendments
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OTHER AMENDMENTS
RELATIVE TO HRM
• 19TH (1920) - Establishes women’s suffrage right to vote
• 24th (1964) - Prohibits the revocation of voting rights due to the
non-payment of poll taxes
• 26th (1971) - Establishes the official voting age to be 18 years old
• 27th Amendment (Trivia) – Submitted to the states for ratification
1789 – ratified 1992
“No Congressional pay raises until an election has passed”
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Some Relevant
Supreme Court Decisions
• Dred Scott v. Sanford – 1857 (Buchanan)
Persons of African descent cannot be, nor were ever
intended to be, citizens under the U.S. Constitution
• Plessy v. Ferguson – 1896 (Cleveland)
Upheld the constitutionality of state laws allowing racial
segregation in public facilities under the doctrine of
separate but equal".
• Brown v. Board of Education – 1954 (Eisenhower)
Declared state laws establishing separate public schools for
black and white students to be unconstitutional
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EEO Legislation
Civil Rights Act of 1866 (Johnson)
Granted all persons the same rights as white
citizens, as well as the right to enter into and
enforce contracts
Civil Rights Act of 1871 (Grant)
Granted all citizens the right to sue in federal
court if they feel that they have been denied a
civil right.
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Civil Rights Act of 1964 (Johnson)
The Granddaddy of Them All
• Outlaws major forms of discrimination against racial,
ethnic, national and religious minorities, and women.
• It ended unequal application of voter registration
requirements and racial segregation in schools, at the
workplace and by facilities that served the general
public (known as "public accommodations").
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Civil Rights Act of 1964
• Title I: Bars unequal application of voter registration
requirements.
• Title II: Outlaws discrimination based on race, color, religion or
national origin in hotels, motels, restaurants, theaters, and all
other public accommodations engaged in interstate commerce;
exempted private clubs without defining the term "private".
• Title III: Prohibits state and municipal governments from denying
access to public facilities on grounds of race, color, religion or
national origin.
• Title IV: Encouraged the desegregation of public schools and
authorized the U.S. Attorney General to file suits to enforce said
act.
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Civil Right Act of 1964
• Title V: Expanded the Civil Rights Commission established by the
earlier Civil Rights Act of 1957 with additional powers, rules and
procedures.
(NB: The Civil Rights Act of 1957 was Congress's show of
support for the Supreme Court's Brown decisions)
• Title VI: Prevents discrimination by government agencies that
receive federal funds. If an agency is found in violation of Title
VI, that agency may lose its federal funding.
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Civil Rights Act of 1964 - TITLE VII
The Granddaddy of them all
• Prohibits discrimination by covered employers on the basis of race, color,
religion, sex or national origin.
• Applies to and covers an employer "who has fifteen (15) or more employees
for each working day in each of twenty or more calendar weeks in the current
or preceding calendar year“
• Also prohibits discrimination against an individual because of his or her
association with another individual of a particular race, color, religion, sex, or
national origin. An employer cannot discriminate against a person because of
his interracial association with another, such as by an interracial
marriage.
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Civil Rights Act of 1991 – G.H.W. Bush
•
•
•
•
Clarifies burden of proof in disparate impact cases
Addresses rights of U.S. employees working abroad
Prohibits race norming
Eliminates use of mixed-motive defense in disparate
treatment cases
• Allows jury trials and damage awards
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Protected Classification
• Demographic characteristic that cannot be used for
employment decisions: Race, sex, religion, color,
national origin, age, disability, veteran status,
pregnancy, genetic information
• Some laws specify which group is protected within
a classification, others do not
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Bona Fide Occupational Qualification (BFOQ)
• Protected classification can legally be used to make
employment decision
• Business necessity required to use protected classification for
employment decision
• Business necessity – when employment practice is essential
to firm’s survival
• Examples
– Locker room attendant; clothing models; actors
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Disparate Treatment
• Treating individual differently in employment situation
because of membership in protected classification.
• Age Color
Creed
Disability
• National origin
Race
Religion
• Sex/gender
• NOTE: sexual orientation is NOT protected (yet)
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Disparate Impact
(also Adverse Impact)
• Employment practice results in members of protected class
being treated less favorably than members of protected class
even though discrimination was not intentional
• When a neutral practice has an unjustified adverse impact on
members of a protected class.
• Examples:
Written tests, height and weight requirements, educational
requirements, and subjective procedures, such as interviews.
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Disparate Impact Acceptable Defenses
Job Related
Business necessity
Bona Fide seniority system
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Regulation of HRM
LEGISLATIVE
BRANCH
• Enacts laws
governing HR
activities.
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EXECUTIVE
BRANCH
• Responsible for
enforcing the
laws.
• Includes the
regulatory
agencies that
the president
oversees.
JUDICIAL
BRANCH
• Interprets the
law.
• The Supreme
Court is the
court of final
appeal.
• Its decisions
are binding.
Equal Employment Opportunity (EEO)
•Equal employment
opportunity (EEO)–
condition in which all
individuals have an
equal chance for
employment,
regardless of their race,
color, religion, sex, age,
disability, sexual
orientation, or national
origin.
Federal government’s
efforts in this area
include:
constitutional
amendments
Legislation
executive orders
court decisions
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ENFORCEMENT AGENCIES
EEOC –
Equal Employment Opportunity Commission
OFCCP –
Office of Federal Contract Compliance Programs
Executive Orders
Courts
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Equal Employment Opportunity Commission
E.E.O.C.
• Responsible for enforcing most of EEO laws.
• Investigates and resolves complaints about
discrimination
• Gathers information
• Issues guidelines
• Monitors organizations’ hiring practices
• Complaints must be filed within 180 days of
incident.
• EEOC has 60 days to investigate complaint.
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Office of Federal Contract Compliance Procedures
(OFCCP)
• Responsible for enforcing executive orders
that cover companies doing business with
federal government.
• Audits government contractors to ensure they
are actively pursuing goals in their affirmative
action plans.
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Executive Orders
• The President of the United States is the CEO of the federal
government.
• As the CEO he can issue executive orders to help officers and
agencies of the executive branch manage the operations
within the federal government itself.
• Executive orders have the full force of law when they take
authority from a power granted directly to the Executive by the
Constitution, or are made in pursuance of certain Acts of Congress
that explicitly delegate to the President some degree of
discretionary power
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HRM examples of Executive Orders
#10988 (Kennedy - 1962) – Established collective bargaining
rights for federal employees;
#11246 (Johnson - 1965) – Prohibits federal contractors and
subcontractors from discriminating based on race, color, religion,
sex or national origin – must also engage in affirmative action
#11478 (Nixon - 1969) – requires the federal government to base all
its employment policies on merit and fitness – and not on race,
color, sex, national origin or religion
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IMPORTANT LABOR LAWS
1963 – Equal Pay Act
1967 - Age Discrimination in Employment Act
1971 – Occupational Safety & Health Act
1974 – Vietnam Era Veterans Readjustment Act
1974 – Employee Retirement Income Security Act
1978 – Pregnancy Discrimination Act
1990 – Americans With Disabilities Act
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IMPORTANT LABOR LAWS
1993 – Family Medical Leave Act
1996 – Health Insurance Portability and
Accountability Act (HIPAA)
1986 – Consolidated Omnibus Budget
Reconciliation Act (COBRA)
1994 - Uniformed Services Employment and Reemployment Act
(USERRA)
1996 - Immigration Reform and Control Act
2009 – Lilly Ledbetter Fair Pay Act
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END OF CLASS 3
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