Hra 310 chapter 5

Chapter Five
Equal Employment
Opportunity: The
Legal Environment

Copyright © Houghton Mifflin Company. All rights reserved. 5–2
Chapter Outline
• The EEO Environment
• Discrimination Defined
• Legal and Regulatory Documents
• Enforcement of EEO Laws and
Regulations
• Providing Illegal Discrimination
• Management’s Response

Table 5.1 The EEO Environment
Source: From Federal Regulation of Personnel and Human Resource Management, 2nd
ed., by Ledvinka/Scarpello. Copyright © 1991 PWS-Kent.
Reprinted by permission of South-Western College Publishing, a division of Thomson Publishing Inc., Cincinnati, Ohio 45227.

Discrimination Defined
• To Distinguish Clearly or Differentiate
• Protected Class

Legal and Regulatory Documents
• The Constitution
• Federal Legislation
– Civil Rights Acts of 1866 and 1871
– Equal Pay Act of 1963
– Civil Rights Act of 1964
• Title VII of the Civil Rights Act
• Pregnancy Discrimination act of 1978
• Title VII and Fetal Protection Policies
• Sexual Harassment
• Religious Harassment

Legal and Regulatory Documents (cont’d)
• Federal Legislation (cont’d)
– Age Discrimination in Employment Act of
1967
– Older Workers Protection Act of 1990
– Vocational Rehabilitation Act of 1973
– Americans with Disabilities Act of 1990
• Administration by EEOC

Summary of
the Charges
Received and
Resolved by
the EEOC
Source: U.S. Equal Employment Opportunity Commission. (Available at:
http://www.eeoc.gov/stats/enforcement.html)

Figure 5.1 Most Common Impairments
Alleged under ADA
Note: This is not a complete list; therefore percentages do not add up to 100. Blood Disorders include HIV (1.6%).
*Based on charges received July 26, 1992, to September 30, 2003.
Source: U.S. Equal Employment Opportunity Commission. (Available at: http://www.eeoc.gov/stats/ada-receipts.html).

• Federal Legislation (cont’d)
– Americans with Disabilities Act of 1990
• Administration by EEOC Defining “Disability”
• Reasonable Accommodation
• AIDS-Related Cases
• Obesity
• Genetic Discrimination
• Workplace Violence
– Immigration Reform and Control Act of 1986
• English-Only Rules
– Civil Rights Act of 1991
• Jury Trials and the Civil Rights Act of 1991
– Family and Medical Leave Act of 1993

Family and Medical Leave Survey
Statistics
• 16.5% of all employees took leave for a
family or medical reason
• 52.4% of those who took leave did so
because of their own health, while 18.5% did
so to care for a new baby, 13% to care for an
ill parent, and 11.5% to care for an ill child
• Only 2.4% needing leave could not take it, the
most common reason being the inability to
afford the leave
• 16% of establishments covered by the FMLA
and 41% of employees (at both covered and
noncovered establishments) were not aware
of the act.

Family and Medical Leave Survey
Statistics (cont’d)
• 78.7% said that the leave had positive affects
on their ability to care for family members
• 70.1% said that the leave had positive affects
on their family members’ well being
• 63% said the leave had positive affects on
their own or family members’ physical health
• 65.8% received at least some pay during their
leave

• Executive Orders
– “Glass Ceiling” Initiative and Beyond
• Affirmative Action Plans (AAPs)
• Utilization Analysis
• Availability Analysis
• Identification of Problem Areas
• Corrective Actions, with Goals
and Timetables
• The Current Debate Over
Affirmative Action

• Executive Orders
– The Problem of Reverse Discrimination
• Steelworkers v. Weber
• Firefighters Local Union 1784 v. Stotts
• City of Richmond v. J. A. Conson
• Adarand Constructors, Inc. v. Pena
• Uniform Guidelines

The Current Debate over Affirmative
Action
• Regents v. Bakke (1978)
• Board of Education of the Township of
Piscataway v. Taxman (1996)
• University of Michigan Cases
– Law School: Grutter v. Bollinger (2003)
– Undergrad Admission: Gratz v. Bollinger
(2003)

Enforcement of EEO Laws and
Regulations
• Equal Employment Opportunity
Commission (EEOC)
• EEOC’s Procedural Steps:
– The Charge
– The Investigation
– The Conciliation Meeting
– EEOC and Judicial Enforcement

Enforcement of EEO Laws and
Regulations (cont’d)
• Office of Federal Contract Compliance
Programs (OFCCP)
• OFCCP’s Review Process:
– Types of Reviews
– The Review Procedure
– OFCCP Decisions
– Administrative and Judicial Enforcement
• The Federal Courts

Providing Illegal Discrimination
• The Prima Facie Case
– Disparate Treatment (McDonnell Douglas
Corp. v. Green)
– Disparate Impact (Griggs v. Duke Power
Co.)
– Four-Fifths Rule
– Retaliation
• EEOC v. Union Bank of Arizona
• U.S. v. City of Socorro

Providing Illegal Discrimination (cont’d)
• Rebutting a Prima Facie Case
– Job Relatedness
• Albermarle Paper Company v. Moody
– Bona Fide Occupational Qualification
• Dothard v. Rawlinson
• Diaz v. Pan American World Airways
– Bona Fide Seniority System
• Teamsters v. United States
• Firefighters Local Union 1784 v. Slotts
– Business Necessity
• Furnco Construction Corporation v. Waters

Management’s Response
• Take Control
• Make Procedures Objective and
Job-Related
• Develop Grievance Procedures
• Act Affirmatively
• If a Complaint is Filed

Figure 5.5 A corporate Policy against
Sexual Harassment of Employees

Review
• The EEO Environment
• Discrimination Defined
• Legal and Regulatory
Documents
• Enforcement of EEO Laws and
Regulations
• Providing Illegal Discrimination
• Management’s Response

Hra 310 chapter 5

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