Equal Employment Opportunity
MN 301 – Human Resource Management
Craig W. Fontaine, Ph.D.
Pine Manor College
Fall 2014
Nature of Equal Employment Opportunity
 Unlawful
discrimination - Making employment
decisions on the basis of:

Protected characteristics: Attribute about an
individual that is protected under EEO laws and
regulations
 Age
and color
 Disability
 Genetic
 Military
information and marital status (some states)
status or experience
Nature of Equal Employment Opportunity
 National
origin
 Pregnancy
 Race
and religion
 Sexual
orientation (some states and cities)
 Equal
Employment Opportunity (EEO):
Employment that is not affected by illegal
discrimination

Status blind: Emphasizes that differences among
people should be ignored and everyone should be
treated equally
Sources of Regulation and Enforcement
 Federal
 State
statutes enacted by the legislature
and city legislatures
 Courts

Interpret the laws

Rule on cases
Sources of Regulation and Enforcement
 Government
agencies

Issue guidelines and rules for law implementation

Equal Employment Opportunity Commission (EEOC)
- Enforces employment laws for employers

Department of Labor - oversees compliance with
employment-related laws
Theories of Unlawful Discrimination
 Disparate
treatment: Members of a group are
treated differently from others

Different standards used to judge different people

Same standard is used, but it is not related to the
individuals’ jobs

Is overt and intentional

Ricci v. DeStefano (2009) case
Theories of Unlawful Discrimination
 Disparate
impact

Members of a protected category are substantially
underrepresented as a result of employment
decisions that work to their disadvantage

Griggs vs. Duke Power (1971) decision
EEO Concepts
Equal Employment Opportunity Concepts
Business Necessity
• Practice necessary for safe and efficient organizational
operations
Bona Fide Occupational Qualification (BFOQ)
• Provide a legitimate reason why an employer can exclude
persons on otherwise illegal bases of consideration
Burden of Proof
• Individuals who file suit against employers must establish that
illegal discrimination has occurred
• Through either factual or statistical evidence
• Prima facie case - Sufficient evidence provided to the court to
support the case and allow the plaintiff to continue with the
claim
Retaliation
 Punitive
actions taken by employers against
individuals who exercise their legal rights
 To
prevent charges of retaliation

Create and disseminate an anti-retaliation policy

Train supervisors

Review performance evaluation

Conduct a thorough internal investigation

Take appropriate action
Civil Rights Act of 1964, Title VII
 Made
it illegal for employers to:

Fail or refuse to hire or discharge any individual

Discriminate with respect to compensation, terms,
conditions, or privileges of employment because of
race, color, religion, sex, or national origin

Limit, segregate, or classify employees or applicants
for employment in any way that would:
 Deprive
any individual of employment opportunities
 Adversely
affect an employee because of his/her
race, color, religion, sex, or national origin
Coverage of Civil Rights Act of 1964, Title VII
 Private
 All
employers of 15 or more employees
educational institutions, public and private
 State
and local governments
 Public
and private employment agencies
 Labor
unions with 15 or more members
 Joint
labor/management committees for
apprenticeships and training
Other Equal Employment Laws
The Civil Rights Act of 1991
• Requires employers to show that an employment practice is
job related for the position and is consistent with business
necessity
• Creates provision to claim compensatory and punitive
damages for the victims of intentional discrimination
Executive Orders 11246, 11375, and 11478
• Require taking affirmative action to compensate for
historical discrimination against women, minorities, and
handicapped individuals
• Affirmative action: Proactive employment practices to
make up for discrimination against women and minorities
Managing Affirmative Action Requirements
Managing Racial and Ethnic Discrimination Issues
 Solution
- Use anonymous application
procedures
 Adopt
type

policies against harassment of any
Ethnic jokes, vulgar epithets, racial slurs, and
physical actions should be categorized as
harassment
Sex/Gender Discrimination Laws
The Pregnancy Discrimination Act (PDA)
• Treating maternity leave the same as other personal or medical
leaves
Family and Medical Leave Act (FMLA)
• Giving up to 12 weeks of unpaid family leave and allowing the
individual to return to job
The Equal Pay Act
• Paying similar wage rates for similar work without regard to
gender
• Differences in pay between men and women are permitted
when there is a difference in seniority, performance, working
conditions
Pay Equity
 Idea
that pay for jobs requiring comparable
levels of knowledge, skill, and ability should
be similar, even if actual duties differ
significantly

Called comparable worth
 Reason
for enforcement - Continued gap
between the earnings of women and men
Steps to Reduce Pay Inequities
 Include
all benefits that are part of pay to
calculate total compensation
 Ensure
that people know how the pay
practices work
 Base
pay on the value of jobs and
performance
 Benchmark
against local and national
markets to make pay structures competitive
 Conduct
frequent audits
Glass Ceiling
 Discriminatory
practices that have prevented
women and minorities from advancing to
executive-level jobs
 Glass
walls - Limits that keep women from
progressing only in certain fields
Breaking the Glass
 Establish
 Provide
formal mentoring programs
opportunities for career rotation
 Include
women and individuals of color in top
management
 Establish
clear goals for retention and
progression of women and minorities
 Allow
for alternative work arrangements for
employees
Sexual Orientation
 No
federal law prohibiting discrimination on
the basis of sexual orientation
 18
states have passed laws to protect
discrimination on the basis of sexual
orientation
 Sex
discrimination under Title VII applies to a
person’s gender at birth and not to new
gender as a result of sex transformation
operations
Nepotism and Romance at Work
 Nepotism:
Practice of allowing relatives to
work for the same employer
 Workplace
romance

Employer’s response influences employees’ and
applicants’ perceptions of fairness

HR perspective - Risky and have great potential for
causing conflict
Sexual Harassment
 Actions
that are sexually directed, are
unwanted, and subject the worker to adverse
employment conditions or create a hostile
work environment
 Can
occur:

Between a boss and a subordinate

Among coworkers

When nonemployees have business contacts with
employees
Sexual Harassment Types
Preventing Sexual Harassment
Establish a sexual harassment policy
Communicate the policy regularly
Train employees and managers on
avoiding sexual harassment
Investigate and take action when
complaints are voiced
Disability Discrimination
Rehabilitation Act
• Provided for equal employment opportunity for
disabled workers and applicants
Americans with Disabilities Act - Enforced
by the EEOC
• Applies to private employers, employment agencies,
and labor unions with 15 or more employees
Americans with Disabilities Act
Amendments Act
• Establishes a very low threshold for establishing
whether an individual is disabled
Disability Discrimination
 Disabled
person: Someone who:

Has a physical or mental impairment that
substantially limits major life activities

Has a record of such an impairment

Is regarded as having such an impairment
Disability Discrimination
 Mental
disabilities - Mental or psychological
disorders
 Employees

who develop disabilities
Shift to jobs where their disabilities do not affect
them much
ADA and Job Requirements
 Essential
duties
job functions: Fundamental job
 Reasonable
accommodation: Modification to
a job or work environment that gives a
qualified individual an equal employment
opportunity to perform
Determining if a Job Function Is Essential
Source: Adapted from Part 1630 Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act.
Common Means of Reasonable Accommodation
Source: Adapted from Job Accommodation Network (http://askjan.org/index.html).
Undue Hardship
 Significant
difficulty or expense imposed on
an employer in making an accommodation
for individuals with disabilities
 General
guidelines are provided by ADA
 Determined
on a case to case basis
ADA Guidelines to Facilitate Job Accommodation
 Define
essential functions in advance
 Handle
all requests for accommodation properly
 Work
with the HR staff to explore various options
for accommodation
 Interact
with the employee with good faith and
documentation
 Know
and follow the reasonable
accommodation rules
ADA Restrictions And Medical Information
 Restrictions

Prohibiting employers from rejecting individuals
because of a disability

Asking job applicants any question about current or
past medical history until a conditional job offer is
made
Genetic Bias Regulations
 Employers
use genetic screening tests to:

Make workers aware of genetic problems

Terminate employees who may make extensive use
of health insurance benefits
 Genetic
Information Non-discrimination Act

Limit the use of genetic information by health
insurance plans

Prohibit employment discrimination on the basis of
genetic information
Age Discrimination Laws
 Age

Discrimination in Employment (ADEA)
Prohibits discrimination against all individuals age 40
or older working for employers having 20 or more
workers
 Older
Workers Benefit Protection Act
(OWBPA)

An amendment to the ADEA

Protects employees when they sign liability waivers
for age discrimination in exchange for severance
packages
Managing Age Discrimination
 Adopting
age neutral selection and
promotion practices
 Recruiting
older people to return to the
workforce through the use of part-time and
other attractive scheduling options
 Phased
retirement: Employees gradually
reduce their workloads and pay level
Religion and Spirituality in the
Workplace
Religious Discrimination
• Hostile remarks or refusal to hire individuals from different faiths
Islamaphobia
• Hatred or fear of Muslims
Managing Religious Diversity
• Changing an employee’s job tasks
• Making an exception to dress and grooming rules
• Accommodations relating to payment of union dues or
agency fees
• Accommodating prayer, proselytizing, and other forms of
religious expression
Immigration and Discrimination
 Immigration
Reform and Control Act (IRCA)

Requires employers to verify the employment status
of all employees without any discrimination

Within the first three days of employment each
employee must complete an Employment Eligibility
Verification (I-9) form
 Verifies
the employment eligibility of employees
Figure 3.10 - Primary Documents to
Certify I-9 Compliance
Language Issues
 EEOC
issued guidelines stating that employers
may require workers to:

Speak only English at certain times or in certain
situations, but the business necessity of the
requirements must be justified
Figure 3.11 - Uniformed Services Employment and
Reemployment Rights Act (USERRA) Provisions
Appearance and Weight
Discrimination
 Employers
are allowed to set uniform dress
codes and appearance standards
 Height
and weight-related job requirements
must be job-related
Diversity Training
Mixed Results for Diversity Training
 May
not produce longer-term changes in
people’s attitudes and behaviors toward
others
 Has
not reduced discrimination and
harassment complaints
 Perceived
as benefiting only women and
racial minorities

Taking away opportunities for men and
nonminorities
Improving Diversity Training Efforts
 Focusing
on behavior
 Teaching
appropriate behaviors and skills in
relationships with others
 Dealing
with diversity is not about what
people can and cannot say

It is about being respectful to others