Equal Employment
Opportunities
Main Sources
1. Reconstruction of Civil Rights Act of
1866
2. Title VII of the Civil Rights Act of 1964
• Prohibits discrimination
• Led to creation of EEOC
• For organizations of >15 employees
• Affirmative Action?
• Poorly defined discrimination
Main Sources
3. Executive Order 11246
4. Revised Order #4: Federal contactors
must…
• Conduct a utilization analysis
• Establish goals
• Devise a strategy for implementation of AAP
5. Civil Rights Act of 1991
Pre – 1964
-Reconstruction Civil Rights Act
of 1866: “all persons” shall have
the same right to “make and
enforce contracts” as “white
citizens”
-burden of proof on individual to
prove disparate treatment
-no firm size limitations
1964 – 1988
-Civil Rights Act of 1964; Title VII
-Griggs vs. Duke Power 1971
landmark case proscribes
practices fair in form but
discriminating in operation
(adverse impact)
-burden of proof on the employer
to prove job relatedness
1989-1990
-Wards Cove and other
influential Supreme Court cases
-employee shows not only
adverse impact, but also that the
procedure was not job related
-employer need not show job
relatedness
1991
-Civil Rights Act of 1991
-main purpose to overturn recent
Supreme Court cases
-allows punitive damages
-burden of proof for job
relatedness goes back to the
employer
2000
-Supreme Court 5-4 decision
overturned NJ Supreme Court
ruling against BSA anti-gay
membership
-allowed BSA to maintain
discriminatory policy
2003
-Grutter vs. Bollinger supports
reverse discrimination
-Gratz vs. Bollinger, University of
Michigan admittance program
struck down
Main Sources
• Civil Rights Act of 1991 (cont’d)

Fundamental purpose to restore "the right of
employees to challenge practices that
disproportionately exclude women or
minorities from America's workplaces" (E.
Kennedy)

Reverses parts of ’89-90 decisions

Prohibits racial harassment
Main Sources
• Civil Rights Act of 1991 (cont’d)

Expands use of CRA 1866

Shifts burden of proof back to employer

Modifies burden of proof for plaintiff

Consent decrees cannot be challenged

Covers U.S. companies abroad

Established “glass ceiling” committee

Extends punitive damages
Other Laws to Prevent Discrimination
1. ADEA 1967
2. Veterans Reemployment Act 1967
3. EEO Act 1972
4. Vocational Rehabilitation Act 1973
Other Laws to Prevent Discrimination
5. Pregnancy Discrimination Act 1978
6. Immigration Reform and Control Act 1987
7. Americans with Disabilities Act 1990
8. Family and Medical Leave Act 1993
Relevant Supreme Court Cases
• Ward’s Cove v. Antonio
1989 ruling – increased plaintiff’s burden of
proof
1991 result – only exception to the rule
Relevant Supreme Court Cases
• Patterson v. McClean
1989 ruling – 1866 Act restricted
1991 result – 1866 Act applies to other
conditions
Relevant Supreme Court Cases
• Price Waterhouse v. Hopkins
1989 ruling – employer’s burden eased
1991 result – eases plaintiff’s burden
Relevant Supreme Court Cases
• Martin v. Wilkes
1989 ruling – consent decree can be
challenged
1991 result – limited legality of challenging
consent decrees
Relevant Supreme Court
Cases
Adarand Constructors v. Pena
1995 court “race-conscious programs can
amount to unconstitutional reverse
discrimination”
Relevant Supreme Court
Cases
Grutter v Bollinger (2003)
- appeared to support Bakke and reverse
discrimination
Gratz v Bollinger (2003)
- colleges and universities cannot use point systems
that blindly give extra credit to minority applicants
Discrimination
Two ways courts define discrimination:
1. Disparate (adverse) treatment
2. Disparate impact
Tests for Discrimination
1. 4/5ths or 80% rule
Disparate impact
Compare selection rates
2. Geographical (population)
comparisons
Disparate impact
Tests for Discrimination
3. McDonnell Douglas Test
Disparate treatment
AQUA: Applied; Qualified; Unaccepted;
Accepted; Other
Providing a Response
1. BFOQ
2. Business necessity, job relatedness,
validation tests
3. Seniority or merit systems in use
What should an HR Manager do?
According to a local labor-law attorney, "put
the organization in a 'posture' such that:
1.) suit is not brought against the
organization; 2.) if suit is brought, the
organization can defend itself"
What should an HR Manager do?

Ensure organizational values are accepted
and adhered to

Conduct an audit

Inform employees of policies

Ensure that HR practices are unbiased
What should an HR Manager do?



Be aware of applicable state and federal
regulations
Conduct business in good faith
Consult the Uniform Guidelines on
Employee Selection Procedures