Chapter 3Equal Employment Opportunity and Human Resources Ma

Chapter 3
Equal Employment Opportunity and Human Resources
Management
Copyright ©2019 Cengage. All Rights Reserved.
Learning Outcomes
After studying this chapter, you should be able to
Describe the major equal employment opportunity (EEO) laws
related to age, gender, religion, weight, and sexual orientation.
Determine the employment practices they prohibit and the
reason behind passage of EEO legislation. Describe what a bona
fide occupational qualification is.
Explain how the Uniform Guidelines on Employee Selection
Procedures were developed and how firms use them to ensure
they are abiding by the law. Understand adverse impact and
disparate treatment.
Understand Equal Employment Opportunity Commission
(EEOC) record-keeping and posting requirements and describe
how discrimination charges are processed by the EEOC.
Explain what affirmative action is and how companies today are
seeing the value of voluntarily having diverse workforces.

Discussion Starter #1
One of the ways companies can foster diversity within their
organizations is by getting employees to talk about their
differences. For example, the Mallon Group Training and
Management has developed a series of Know Me games that
enable participants of different cultures, races, sexual
orientations, and so forth to explore issues of diversity together.
What are some other ways that companies can foster diversity
within their organizations?
3
ANSWER: Students’ answers will vary. Some suggested
examples may include to implement a diversity training
program, create a diversity committee, include opportunities for
staff to interact in settings outside of the office so that
employees learn about and feel more comfortable with their
coworkers, and recognize and acknowledge special days and
events such as the International Day for the Elimination of
Racial Discrimination or Gay Pride events.
Introduction
Equal employment opportunity (EEO) – The treatment of
individuals in all aspects of employment—hiring, promotion,
training, etc.—in a fair and nonbiased manner
Equal Employment Opportunity Commission (EEOC) – The
EEOC’s work consists of formulating EEO policy and approving
all litigation involved in maintaining equal employment

opportunity. The EEOC’s guidelines are not federal law but
administrative rules and regulations published in the Federal
Register
The number of filings have gradually increased over the last 20
years, marking an increased importance for managers to know
and comply with numerous EEO laws as the workforce becomes
more diverse and multicultural.
4
3.1 Historical Perspective
of EEO Legislation
Equal employment opportunity as a national priority has
emerged slowly in the United States.
Although the United States has progressed substantially in
improving business practices and public attitudes about
discrimination, problems still persist.
5
Figure 3.1: Three Factors Come
Together to Influence EEO Legislation

Section 3.1: Historical Perspective of EEO Legislation
Figure 3.1 shows that three factors seem to have influenced the
growth of EEO legislation: (1) changing attitudes towards
employment discrimination; (2) published reports highlighting
the economic problems and injustices experienced by minority
workers; and (3) a growing body of disparate discrimination
laws and regulations at different levels of government that
legislators feel should be standardized.
6
3.1a Changing National Values
Although the United States was founded on the principles of
individual merit, hard work, and equality, employment
discrimination has a long history in the United States.
The Employment Non-Discrimination Act, or “ENDA,”
proposed by the U.S. Congress extends federal employment
discrimination protection currently provided on race, religion,
gender, national origin, age, and disability to include sexual
orientation and gender identity.
7

3.1b Early Legal Developments
Civil Rights Act (1866)
Extended to all people the right to enjoy full and equal benefits
of all laws, regardless of race
Unemployment Relief Act (1933)
Prohibited employment discrimination on account of race, color,
or creed (religious beliefs)
Executive Order 8802 (1941)
Ensured that every American citizen, “regardless of race, creed,
color, or national origin,” would be guaranteed equal
employment opportunities for workers employed by firms
awarded World War II defense contracts
Unfortunately, these early efforts did little to correct
employment discrimination.
8
3.2 Government Regulation of
Equal Employment Opportunity
Despite their shortcomings, the laws and executive orders
discussed on the previous slide laid the groundwork for a
significant number of laws that have since been passed barring
employment discrimination.
Part of the reason why it is so critical for managers and
supervisors to understand and apply EEO laws is that employees
act as agents of their employers.
If a manager or supervisor violates the law, both he or she and
the organization can face legal consequences.

9
Figure 3.2: Prohibited Discriminatory Employment Practices
Section 3.2: Government Regulation of Equal Employment
Opportunity
Figure 3.2 shows the various prohibited HR activities related to
hiring, promoting, compensating employees, and so forth
covered by EEO laws.
10
3.2a Major Federal Laws
Protected classes – Individuals of a minority race, women, older
people, and those with disabilities who are covered by federal
laws on equal employment opportunity
Defined broadly, the classes include employees of a particular
race, color, religion, national origin, sex, age, and those with
physical or mental disabilities.

11
Figure 3.3:
Protected Classes of Employees
Section 3.2a: Major Federal Laws
Major federal EEO laws have been enacted to prevent
discrimination against groups of workers most often affected by
unfair employment practices. These groups are referred to as
protected classes. As Figure 3.3 shows, the classes include
employees of a particular race, color, religion, national origin,
sex, age, and those with physical or mental disabilities.
12
Figure 3.4: Major Laws Affecting Equal Employment
Opportunity

Figure 3.4 lists the major and separate federal laws and their
provisions governing equal employment opportunity.
13
Video Highlight #1
A 2015 study on women in the workplace conducted by
LeanIn.Org and McKinsey & Co. finds that corporate diversity
initiatives aren't helping women break the glass ceiling. In this
video, The Wall Street Journal’s Shelby Holliday takes a closer
look at the reasons why and other key takeaways from the data.
“Why Aren’t More Women in C-Suite Jobs?”
14
VIDEO: Why Aren’t More Women in C-Suite Jobs? (3:10)
A 2015 study on women in the workplace conducted by
LeanIn.Org and McKinsey & Co. finds that corporate diversity
initiatives aren't helping women break the glass ceiling. In this
video, The Wall Street Journal’s Shelby Holliday takes a closer
look at the reasons why and other key takeaways from the data.
https://www.youtube.com/watch?v=ifC_2sZ1S_4
TOPICS/CONCEPTS: glass ceiling, discrimination, protected
classes, equal employment opportunity
Figure 3.5: Bona Fide
Occupational Qualifications

Under Title VII of the Civil Rights Act, employers are
permitted limited exemptions from antidiscrimination
regulations if the employment preferences are based on a bona
fide occupational qualification. A bona fide occupational
qualification (BFOQ) permits discrimination when employer
hiring preferences are a reasonable necessity for the normal
operation of the business. Courts have ruled that a business
necessity is a practice that is necessary for the safe and efficient
operation of the organization. However, as Figure 3.5 shows, a
BFOQ is a suitable defense against a discrimination charge only
when age, religion, sex, or national origin is an actual
qualification for performing the job.
15
Figure 3.6: Americans with Disabilities Act Suggestions for an
Accessible Workplace
Congress in 1990 passed the Americans with Disabilities Act
(ADA), which prohibits employers from discriminating against
individuals with physical and mental disabilities and the
chronically ill. The act requires employers to make a reasonable

accommodation for disabled people who are otherwise qualified
to work, unless doing so would cause undue hardship to the
employer. “Undue hardship” refers to unusual work
modifications or excessive expenses that might be incurred by
an employer in providing an accommodation. Reasonable
accommodation “includes making facilities accessible and
usable to disabled persons, restructuring jobs, permitting part-
time or modified work schedules, reassigning to a vacant
position, changing equipment, and/or expense.” Figure 3.6
identifies specific ways to make the workplace more accessible
to the disabled.
16
3.2b Other Federal Laws
and Executive Orders
Executive orders are used to provide equal employment
opportunity to individuals employed by government contractors.
17
Figure 3.7: EEO Rules Applicable to Federal Contractors and
Agencies

Section 3.2b: Other Federal Laws and Executive Orders
The federal laws and executive orders that apply to government
agencies and government contractors are summarized in Figure
3.7.
18
3.2c Fair Employment Practice Laws
Fair employment practices (FEPs) – State and local laws
governing equal employment opportunity that are often more
comprehensive than federal laws and apply to small-business
employers
19
3.3 Other Equal Employment Opportunity Issues
Federal laws, executive orders, court cases, and state and local
statutes provide the broad legal framework; and within these
major laws, specific issues are of particular interest to
supervisors and managers, such as:
Sexual harassment
Sexual orientation
Immigration reform and control

20
3.3a Sexual Harassment
Sexual harassment – Unwelcome advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
in the working environment
Two forms of illegal sexual harassment under Title VII:
Quid pro quo harassment
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
Hostile environment
Occurs when unwelcome sexual conduct “has the purpose of
effect of unreasonably interfering with job performance or
creating an intimidating, hostile, or offensive working
environment”
21
Video Highlight #2
This video describes sexual harassment in the workplace—how
to recognize it, establish procedures to report it, and prevent it
from occurring.
“Sexual Harassment in the Workplace”

22
Section 3.3a: Sexual Harassment
VIDEO: Sexual Harassment in the Workplace (4:56)
This video describes sexual harassment in the workplace—how
to recognize it, establish procedures to report it, and prevent it
from occurring.
https://www.youtube.com/watch?v=NGc7KfQ3uWs
TOPICS/CONCEPTS: sexual harassment, equal employment
opportunity
3.3b Sexual Orientation
No federal law bars discrimination based on one’s sexual
orientation; thus, protection from discrimination for lesbian,
gay, bisexual, transgender, and queer (LGBTQ) employees
largely comes from fair employment practice laws passed at
state and local levels.
However, the EEOC interprets and enforces Title VII’s
prohibition of sex discrimination as forbidding any employment
discrimination based on gender identity or sexual orientation,
such as:
Failing to hire an applicant because she is a transgender woman
Denying an employee equal access to a common restroom
corresponding to the employee’s gender identity
Denying an employee a promotion because of sexual orientation
Harassing an employee because of his or her sexual orientation

Figure 3.8: States with Laws Prohibiting Sexual Orientation and
Gender Identity Discrimination
Section 3.3b: Sexual Orientation
Figure 3.8 shows which states have passed laws prohibiting
sexual orientation and gender identity discrimination.
24
3.3c Immigration Reform and Control
Employers must comply with the requirements of the
Immigration Reform and Control Act (IRCA).
The law has two employer mandates.
All employers covered by the law are prohibited from
knowingly hiring or retaining authorized aliens on the job.
Employers with four or more employees are prohibited from
discriminating in hiring or termination decisions on the basis of
national origin or citizenship.
25

3.3d Emerging Employment Discrimination Issues
Weight discrimination
Attractiveness and discrimination
Caregivers and discrimination
26
3.4 Uniform Guidelines on Employee Selection Procedures
(slide 1 of 4)
Uniform Guidelines on Employee Selection Procedures – A
procedural document published in the Federal Register to help
employers comply with federal regulations against
discriminatory actions
Validity
When using a test or other selection instrument to choose
individuals for employment, employers must be able to prove
that the selection instrument bears a direct relationship to
success on the job.
This proof is established through validation studies that show
how related the test is to the job.
27

(slide 2 of 4)
Adverse Impact and Disparate Treatment
Adverse impact – A concept that refers to the rejection of a
significantly higher percentage of a protected class for
employment, placement, or promotion when compared with the
successful, nonprotected class
Disparate treatment – A situation in which protected class
members receive unequal treatment or are evaluated by different
standards
Adverse impact cases deal with unintentional discrimination;
disparate treatment cases involve instances of purposeful
discrimination.
Example: Allowing men to apply for craft jobs, such as
carpentry or electrical work, but denying this opportunity to
women would show disparate treatment.
28
(slide 3 of 4)
Adverse Impact and Disparate Treatment (cont’d)
There are two basic ways to show that adverse impact exists:
Four-fifths rule – A rule of thumb followed by the EEOC in
determining adverse impact for use in enforcement proceedings
A selection program has an adverse impact when the selection
rate for any racial, ethnic, or sex class is less than four-fifths

(80 percent) of the rate of the class with the highest selection
rate.
Restricted policy
Any evidence that an employer has a selection procedure that
excludes members of a protected class, whether intentional or
not, constitutes adverse impact.
29
(slide 4 of 4)
Workforce Utilization Analysis
Workforce utilization analysis – A process of classifying
protected-class members by number and by the type of job they
hold within the organization
This concept simply compares an employer’s workforce by race
and sex for specific job categories against the surrounding labor
market.
30
Group Activity

Step 1: Divide into small groups and summarize a provision of
the EEOC’s Uniform Guidelines. In your summary:
Identify the changes that have been brought in the law and the
cause for these changes.
State why employers should follow this selection procedure.
List its benefits and limitations.
Step 2: Present your summary to the class.
31
Estimated class time: 30–45 minutes
3.5 Enforcing Equal Employment Opportunity Legislation
The EEOC is responsible for ensuring that covered employers
comply with equal employment opportunity legislation.
The commission accomplishes this goal primarily by:
Issuing various employment guidelines and monitoring the
employment practices of organizations
Protecting employee rights through the investigation and
prosecution of discrimination charges
32
3.5a Record-Keeping and

Posting Requirements
Organizations subject to Title VII are required by law to
maintain specific employment records and reports.
Those failing to comply with record-keeping and posting
requirements or willfully falsifying records can incur penalties,
including fines and imprisonment.
33
3.5b Processing
Discrimination Charges
Charge form – A discrimination complaint filed with the EEOC
by employees or job applicants
Retaliation
Managers and supervisors must not retaliate against individuals
who invoke their legal rights to file charges or to support other
employees during EEOC proceedings.
Retaliation includes any punitive action taken against
employees who elect to exercise their legal rights before any
EEO agency, including:
Terminating employees
Giving them unjustified negative appraisals
Demoting them
Reducing their salaries and work responsibilities

34
Figure 3.9: Filing a Charge of Employment Discrimination
Section 3.5b: Processing Discrimination Charges
Figure 3.9 summarizes the process of filing a discrimination
charge with the EEOC.
35
3.5c Preventing
Discrimination Charges
Both large and small employers understand that the foundation
to prevent any form of discrimination is having a
comprehensive EEO policy.
Antidiscrimination policy statements must be inclusive; they
must cover all applicable laws and EEOC guidelines and contain
practical illustrations of specific inappropriate behavior.
For the policy to have value, it must be widely disseminated to
managers, supervisors, and all non-managerial employees.
Managers and supervisors must be trained to understand
employee rights and managerial obligations.
Perhaps the ultimate key to prevent employment discrimination
is for managers and supervisors to create an organizational
climate in which the principles of dignity, respect, and the
acceptance of a diverse workforce are the norm and therefore

expected.
36
As a marketing manager, you have recently turned down Nancy
Conrad for a position as sales supervisor. Nancy believes the
denial was due to her gender, and she has filed a sex
discrimination charge with the EEOC.
Explain the steps the EEOC will use to process the charge;
include Nancy’s options during the process.
37
ANSWER: Nancy has 180 days from the alleged discrimination
to file a charge of discrimination. Figure 3.9 illustrates the steps
followed by the EEOC when processing a charge of
discrimination. Nancy has the option to withdraw the charge at
any time during the EEOC’s investigation. If the EEOC
dismisses the charge, Nancy can file an individual suit after
receiving a right-to-sue letter from the EEOC. Should the EEOC
fail to sue in Nancy’s behalf and should her charge have merit
(a conciliation argument is not reached), she may begin an

individual suit within 90 days.
3.6 Affirmative Action and
Diversity Management
Affirmative action – A policy that goes beyond equal
employment opportunity by requiring organizations to comply
with the law and correct any past discriminatory practices by
increasing the numbers of minorities and women in specific
positions
Affirmative action programs are required by the OFCCP for
employers with federal contracts greater than $50,000.
Chief diversity officer – A top executive responsible for
implementing a firm’s diversity efforts
One of the drawbacks of implementing an affirmative action
program is that an employer can be accused of reverse
discrimination—the act of giving preference to members of
protected classes to the extent that unprotected individuals
believe they are suffering discrimination.
38
Figure 3.10: Steps to Leveraging Employee Differences

39
Section 3.6b: Beyond Affirmative Action: Leveraging Diversity
The future of affirmative action might not rest in judicial
decisions or laws but in the efforts of managers to voluntarily
embrace and foster diversity. Differences of all sorts among
people are ubiquitous in the workforce. Managers need to
leverage these differences because they can be the source of
organizational strength. The steps toward leveraging people’s
differences involve seeing, understanding, and valuing them, as
shown in the model in Figure 3.10. Highlights in HRM 5 on p.
113 of the text shows the actual activities individuals and
organizations can take to facilitate each of these steps.
Affirmative action is both a legal and emotional issue affecting
employees and employers.
Develop as many arguments as you can both supporting and
opposing affirmative action as an employer policy.
If you were asked to implement such a program, what steps
would you follow?
40
ANSWER: Proponents of affirmative action argue that it
corrects past patterns of discrimination and forces organizations
to take a proactive approach to hiring and promoting members
of protected classes. Affirmative action programs help
organizations become socially responsible.
Those against affirmative action believe it is a form of reverse

discrimination. They argue that current employees should not
suffer the ills of past discrimination. Furthermore, affirmative
action reduces productivity by hiring and promoting those who
may be the least productive.
Highlights in HRM 4 in the chapter provides the basic steps in
developing an effective affirmative action program.

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