EEO - Equal Employment Opportunity Equal M&IS...

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Unformatted text preview: Equal Employment Opportunity Equal M&IS 34180, Levashina M&IS Kent State University Equal Employment Opportunity Equal Objective: To gain familiarity with the key EEO laws. To learn the legal definitions of discrimination. To learn about the differences between Equal Employment Opportunity and Affirmative Action To understand how EEO is enforced. Government Regulation of EEO EEO Is the government’s attempt to ensure that all individuals have an equal opportunity for employment regardless of race, color, religion, sex, age, disability, or national origin. Equal Pay Act of 1963: Equal Employment Opportunity Laws Opportunity Equal pay for equal work Equal work: skill, responsibility, effort, and working conditions Focus on gender differences Exceptions: seniority, productivity, merit, any factor other than sex Equal Employment Opportunity Laws Laws Civil Rights Act of 1964: Prohibits discrimination based on: sex, race, color, religion, and national origin Applies to all aspects of employment: hiring, promoting, terminating, training, compensating, etc. Exceptions: veteran’s preference, BFOQs, and national security Age Discrimination in Employment Act of 1967: Equal Employment Opportunity Laws Opportunity Covers those 40 and older Same areas of employment as Civil Rights Act Some BFOQs: Pilots and top executives Implications for retirement: ­­ No retirement age ­­ Costs of older workers ­­ Legality of early retirement programs Equal Employment Opportunity Laws Laws • Executive Order 11246 ­ Affirmative Action: Federal contractors must take affirmative action with regard to minorities and women Applies if $10,000 in contracts and 50 employees Numerical goals if $50,000 and 100 employees Also applies to subcontractors Actions include: workforce analysis, labor market analysis, goals, timetables, outreach programs, etc. Americans with Disabilities Act of 1990: Equal Employment Opportunity Laws Opportunity Disabilities can be physical or mental Definition of disability: 1. limits life’s activities 2. record of impairment 3. regarded as impaired “Reasonable accommodation” (unless “undue hardship”) “Essential job functions” Discussion question: Must you accommodate lower performance standards? Equal Employment Opportunity Laws Laws Civil Rights Act of 1991: Reaffirms previous laws Allows for punitive and compensatory damages, as well as equitable relief Allows for jury trials Prohibits within­group norming INDIVIDUAL DISCRIMINATION (DISPARATE TREATMENT) (DISPARATE PRINCIPLES Impact on individual claimants, not classwide Individual actions scrutinized Individual qualifications examined Inferable motive may be important General statistics not determinative Employer can justify actions by absence of discriminatory intent and exercise of reasonable business judgment SYSTEMIC DISCRIMINATION (DISPARATE IMPACT) (DISPARATE PRINCIPLES Impact is classwide on all similarly situated employees Business practices, not individual actions Results, not motives General statistical impact to show discrimination Employer can justify impact only through business necessity Equal Employment Opportunity: Establishing a Prima Facie Case Establishing (shifts burden of proof to employer) For disparate treatment (4 part test): Employer must give good nondiscriminatory reason (1) member of protected group (2) applied for job for which employer was seeking applications (3) despite qualifications, applicant was rejected (4) after rejection, position remained open, and employer still sought applicants with same qualifications (not necessary to fill position with non­protected group member) Equal Employment Opportunity: Establishing a Prima Facie Case Establishing (shifts burden of proof to employer) For disparate (adverse) impact (2 different tests): 1. 4/5ths or 80% rule 2. Statistical significance (standard deviation rule) Employer must validate the job­relatedness or show the business necessity of the practice. a×b×c Example Example Let’s assume that you are a manager who has 60 positions to fill. Your applicant pool has 80 white applicants and 40 black applicants. You use a test that selects 48 of the white and 12 of the black applicants. Is this a disparate impact? 4/5ths or 80% rule Whites = 48/80= 60% Black = 12/40= 30% Statistical significance (standard deviation rule) Key Distinctions Key Equal Employment Opportunity Affirmative Action Diversity Management Equal Employment Opportunity: Enforcement Enforcement Equal Employment Opportunity Commission (EEOC): Mostly concerned with disparate treatment and individual cases First stop after attempting to resolve complaint within the organization Many roles: ­ Sets policies and writes guidelines ­ Gathers information and monitors (e.g., EEO­1 reports) ­ Advises people ­ Mediates and conciliates ­ Files lawsuits Remedies sought: ­ Rightful place ­ Punitive damages Equal Employment Opportunity: Enforcement Enforcement Office of Federal Contract Compliance Programs (OFCCP): Mostly concerned with disparate impact and class action cases Focus is on affirmative action and contract compliance utilization analysis goals and timetables action steps Uniform Guidelines on Employee Selection Procedures A procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions. Applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral. Uniform Guidelines on Employee Selection Procedures define discrimination as: The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities of members of any race, sex, or ethnic group (protected class) will be considered to be discriminatory and inconsistent with these guidelines, unless the procedure has been validated in accordance with these guidelines (or, certain other provisions are satisfied). 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. Types of Sexual Harassment Quid Pro Quo Harassment Hostile Environment 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. 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. ...
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This note was uploaded on 04/22/2010 for the course MIS 34180 taught by Professor Staff during the Spring '08 term at Kent State.

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