The document discusses equal opportunity and employment laws. It covers several topics:
1) It outlines key learning objectives around explaining important employment laws like Title VII and listing features of five other laws.
2) It describes post-1990 laws such as the Americans with Disabilities Act and how to avoid sexual harassment accusations.
3) It illustrates two possible defenses against discrimination allegations and cites examples of discriminatory practices.
4) It lists the seven steps in the EEOC enforcement process and how voluntary mediation and mandatory arbitration fit in.
5) Finally, it discusses the importance of diversity management, including threats to diversity, benefits, and how to implement affirmative action and diversity management programs.
Understand the role that financial institutions play in managerial
finance. Contrast the functions of financial institutions and financial markets.
Describe the differences between the capital markets and the
money markets.Discuss business taxes and their importance in financial decisions.
Understand the role that financial institutions play in managerial
finance. Contrast the functions of financial institutions and financial markets.
Describe the differences between the capital markets and the
money markets.Discuss business taxes and their importance in financial decisions.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
Harassment and Discrimination Prevention Training for California Managers provides a comprehensive and interactive learning experience that satisfies California AB 1825 requirements but also offers practical, real-world strategies for today’s manager.
The state requires that all managers in California complete two hours of harassment training every other year and that new managers complete the training within six months of hire or promotion. Although managers outside of California are exempt from the requirement, it is highly recommended that any manager responsible for employees working in California also dedicate time to this learning opportunity to ensure there is a strong understanding of California’s broad protections for workers and steps that a business and a manager can take to reduce their exposure to risk in this area.
Log in for a basic understanding of California regulations as well as updates on:
• The affirmative obligation
• Personal liability of supervisors
• Updated disability protections
• New protected classes
Presented by Human Resources Account Manager, Rebecca McDonough, CA-SPHR.
MHR 6401, Employment Law 1 Course Learning Outcomes f.docxgertrudebellgrove
MHR 6401, Employment Law 1
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
2. Summarize Title VII of the Civil Rights Act of 1964.
2.1 Determine the protected classes under Title VII.
2.2 Determine the range of actions to which Title VII applies, including the key areas of hiring,
promotion, and protected activity.
4. Characterize conduct that violates the federal anti-discrimination laws in employment.
4.1 Describe how violations of Title VII by employers occur.
4.2 Explain the role of the Equal Employment Opportunity Commission (EEOC) in workplace
discrimination issues.
6. Discuss the history of racial discrimination in employment in the United States.
6.1 Explain the importance of the passage of Civil Rights Act and its impact in eliminating racial
discrimination in the workplace.
Course/Unit
Learning Outcomes
Learning Activity
2.1
Unit Lesson
Chapter 3
Chapter 7
Unit II PowerPoint Presentation
2.2
Unit Lesson
Chapter 3
Chapter 7
Unit II PowerPoint Presentation
4.1
Unit Lesson
Chapter 3
Chapter 7
Unit II PowerPoint Presentation
4.2
Unit Lesson
Chapter 3
Chapter 7
Unit II PowerPoint Presentation
6.1
Unit Lesson
Chapter 3
Chapter 7
Unit II PowerPoint Presentation
Reading Assignment
Chapter 3: Overview of Employment Discrimination, pp. 67–105
Chapter 7: Hiring and Promotion Decisions, pp. 223–257
UNIT II STUDY GUIDE
Discrimination in the Workplace
MHR 6401, Employment Law 2
UNIT x STUDY GUIDE
Title
Unit Lesson
The 1960s was a decade of great change in the
United States, socially and politically. This unit
introduces the law that has had the greatest impact on
the employment relationship in the United States –
Title VII of the Civil Rights Act of 1964. The
photograph reflects the signing of the Civil Rights Act
into law by President Lyndon Johnson, with Martin
Luther King, Jr. and Congressional supporters of the
law looking on. Foretelling the passage of Title VII,
President Franklin Roosevelt issued an executive
order in 1941 prohibiting racial discrimination by
federal defense contractors (National History Day,
National Archives and Records Administration, & USA
Freedom Corps, n.d.). Employers were slow to adopt
change, and job advertisements before Title VII
specified race and gender (Lytle, 2014). Women and
racial minorities were deprived of equal opportunity in
employment and employers missed broader pools of workers. Large pools of potential wage earners and
consumers were essentially left out of the U.S. economy.
Changes wrought by Title VII did not occur overnight; it has taken years for the law to develop, and it
continues to develop and evolve today. This evolution occurs as demographic changes lead to ever-
increasing diversity in the workforce. Women, ethnic minorities, and persons with disabilities continue to grow
in the ranks of workers. This is not by ...
Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
CIVIL RIGHTS ACTS of 19646Desmond Graham GranthaVinaOconner450
CIVIL RIGHTS ACTS of 19646
Desmond Graham
Grantham University
HRM620 - Strategic HR
Dr Sara Willox
November 7, 2021
Abstract
The Civil Rights Act of 1964 was passed into law by President Lyndon B. Johnson to end segregation practices against blacks that were prevalent since the implementation of Jim Crows laws. The Act provides that no individual should face discrimination based on sex, race, or gender when accessing public services. Title VII of the Civil Rights Act of 1964 prohibits employers from engaging in discriminatory practices against employees because of the employee's gender, race, or sexuality. Noncompliance to the employee rights outlined in Title VII makes the employer liable for punitive and compensatory damages based on the number of employees. Title vii also applies to labor unions, employment agencies, and training programs, requiring them to refrain from engaging in discriminatory and segregation practices that could affect the individual’s employment status or bar them from specific employment opportunities. The implementation of Title VII has resulted in equal employment opportunities for persons of every race, gender, and religion. Even though there are still cases of age, gender, religion, and race discrimination at the workplace, employers and organizations have made progress in reducing discriminatory practices and embracing diversity in the workplace, which has resulted in increased diversity and productivity.
Keywords; The Civil Rights Act of 1964, Title VII, workplace discrimination, Equal Employment Opportunity Commission
Civil Rights Acts of 1964
Introduction
The Civil Rights Act of 1964 was signed into law by President Lyndon B. Johnson in 1964 to end segregation based on race, ethnicity, and religion in all public places such as churches, restaurants, hotels, theatres, and parks (Jennifer, 2015). It came when the black’s faced oppression since the inception of Jim Crow laws that promoted segregation. Title VII of the Civil Rights Act ended discrimination based on employers and labour unions based on race, gender, and religion. Title VII also implemented the Equal Employment Opportunity Commission to advocate for employees who have faced discrimination at the workplace. It prohibits employers from; failing to hire an individual or depriving him of some employment privileges and fair compensation due to his gender, race, or religion. (Timothy et al., 2019). Also, it prohibits employers from segregating their employees in a way that would inhibit them from getting a given position or affect their employment status due to the individual's race, gender, or religion. Title VII prohibits labour unions from denying an individual membership because of their race, religion, or gender or segregating its membership and causing an employer to engage in discriminatory practices against such individuals.
Consequences of violating Civil Rights Act of 1964 (Title VII)
Following are the consequences of ...
Chapter One The Great Society Gift HorseMain Ethical Is.docxtiffanyd4
Chapter One: The Great Society Gift Horse
Main Ethical Issue
Was it ethical for Township Supervisor Gamble, to let his moral aspirations obstruct his understanding and comprehension of the Comprehensive Employment Training Administration (C.E.T.A.) program and its ramifications?
Sub Issues
Is it ever ethical to act upon one's morals when it directly contradicts the law?
Was it right for the township supervisor to knowingly violate hiring laws if it meant protecting the public welfare?
Was it ethical for the police chief to obey his supervisor’s illegal request, even though they both had good intentions in mind, or should the police chief have chosen disobedience over illegality, regardless of the intent?
The Story
William Gamble is the elected Township Supervisor.
One of the main roads leading to the elementary school has no sidewalks, leaving the children to either walk in the street or on the grass.
This places the children in potential danger.
Gamble has two kids that attend the elementary school.
Gamble informally discussed his sidewalk proposal with the clerk and treasurer, and then formally discussed his proposal with the board and the homeowners.
The Story Continued
The proposal was rejected by the homeowners who did not want to pay for something they did not want.
One day, Gamble was approached by an official of the Labor Department’s Comprehensive Employment Training Administration (C.E.T.A.).
One of the core premises of the C.E.T.A. was for the government to train, develop, and hire the hard-core unemployed, so as to decrease the unemployment rate and also find job opportunities for the long-time unemployed and recently released convicts.
The Story Continued
The C.E.T.A. official told the supervisor that they would provide the township employees free of charge.
Gamble jumped at the idea because it would greatly reduce the cost of his proposal and appeal to more people.
The C.E.T.A. hiring process called for the township supervisor to interview the applicants and hire or reject the applicant.
If the applicant was rejected, the supervisor would have to give a precise reason as to why the applicant was rejected.
The Story Continued
The first applicant was a suitable candidate, but the second posed several problems for Gamble.
During the interview, Gamble inquired as to the reason of the applicant’s two-year employment gap.
The applicant said he was in prison.
Knowing that any further questions about his incarceration was prohibited and illegal, he asked “where?” and was told the name of the state maximum security prison, where he served.
The Story Continued
After the interview, the supervisor approached the police chief as his superior, explaining the situation and asking if he could access the records of ex-convicts.
The police chief initially said no, but ultimately left the room, intentionally leaving Gamble access to his computer.
Upon looking into the applicant’s criminal record, he found that is was a.
The Evolving Employee-Employer RelationshipUntil the nineteenth ce.docxtodd701
The Evolving Employee-Employer Relationship
Until the nineteenth century, the employer-employee relationship had been one-sided, with employees having little voice in the establishment of wages or working conditions. “Employment-at-will” was the standard, meaning the employer could fire or hire employees at will.
Eventually, starting in the mid-1800s, courts began granting labor unions the right to organize and bargain for better pay and terms of employment. Through a series of court decisions, a “common law” developed, which began to redefine the employment relationship.
Federal and state legislation began to follow the courts in the early 1900s. The Railway Labor Act (1926), Social Security Act (1935), National Labor Relations Act (1935), and Fair Labor Standards Act (1938) are examples of a shift to a more balanced relationship between workers and employers. Pay, conditions, termination, discrimination, retaliation, and many other aspects of the employer-employee relationship have continued to evolve over the years.
The employment-at-will doctrine has evolved from its traditional definition (an employee can be fired at any time, for any reason, or for no reason at all) to a doctrine replete with exceptions. The most notable exception is discrimination, which will be addressed in detail in Week 2.
Employment contracts, both express and implied, have emerged as a major exception to the at-will doctrine. An express employment contract is an agreement between employee and employer, usually in writing, which spells out the terms of the relationship. Implied contracts are those which can be found by the courts to be agreements between the parties even though no formal agreement exists.
The best example of an implied employment contract is an employee handbook or a policy manual. Elements found in a handbook will usually be considered an agreement between employer and employee. This is particularly true with regard to terminations if the handbook specifies a procedure for firing of employees.
Labor Movement—Facts and History
According to Cihon, P. J., & Castabnera, J. O. (2017),
Review each button to learn more.
1760 to 1840
The industrial revolution creates a large class of employee workers—all power lies in the hands of employers.
Early- to Mid-1800s
Employees begin to band together into labor unions and receive negative treatment from the courts—unionization treated as an illegal act.
1842
The first US case is filed to decriminalize union organizing—Commonwealth v. Hunt, 44 Mass. (4 Met.) 111 (1842). In Commonwealth, the court determined that unionizing and applying pressure on employers through organized effort was not an illegal act.
1908
Employers Liability Act is enacted to protect and compensate railroad workers injured on the job.
1926
Railway Labor Act creates a system of negotiation, mediation, and arbitration.
1933
President Roosevelt initiates .
e eBook Collection643Part The Employer-Employee Relationsh.docxsagarlesley
e eBook Collection
643
Part
>> The Employer-Employee Relationship
Consistent with the property theme of
this text, it is important to understand
that employment and labor laws affect
the property interest you have in selling your
labor. This final section discusses the complexity
of those relationships. As you study these chapters,
consider the historical development of the
law, including how it must continually evolve
to address technology developments, changing
social values and economic issues affecting the
workplace. Employment and labor laws reflect
the constant need for balance between the rights
and responsibilities of employers and employees.
Because the United States enjoys a diverse
population, it is important to ensure that workers
are not discriminated against, including in
the hiring, promoting, and firing process. Chapter
20 details federal laws prohibiting workplace
discrimination, specifically discussing the prohibitions
on employment discrimination based on
race, sex, national origin, color, pregnancy, age,
and disabilities. This chapter focuses on what constitutes
illegal discrimination in the workplace,
including employment practices—even those that
may seem well intentioned on their face—that
may be challenged as discriminatory. In addition
to federal protections, this chapter notes that
state laws may offer additional protection against
workplace discrimination. Taken together, these
laws form the framework for fair competition in
a workplace free of unlawful discrimination.
Chapter 21 describes other major employment
laws, including rules regarding minimum
wage and overtime, mass layoffs, family and
medical leave, workplace safety & workers’
compensation, as well as the limits of employee
privacy at work. All of these laws provide important
protections for workers and further define
the employer–employee relationship. The scope
of the employment-at-will doctrine is also presented,
along with ways an employer can protect
itself from an unjustified lawsuit.
The final chapter in the text, Chapter 22,
focuses on labor laws that permit employees to
organize their labor through unions. Although
they have been met with challenges in the twentyfirst
century, unions continue to play an important
role in the U.S. labor market. The development of
labor law in the U.S. illustrates the long history of
seeking to protect workers. This chapter presents
the major labor laws and helps students to identify
unfair labor practices by management and
unions. This chapter also incorporates current
issues important to unions. Many unions maintain
active political agendas on behalf of their
members, including the role of being high-profile
advocates during political elections and on laborrelated
topics such as international trade. Labor
advocates are very vocal about the kinds of provisions
that could be incorporated into trade agreements
to allow U.S. workers to compete on a
level playing field. For example, a number of free
trade agreements di ...
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
7. 2
2-7
Carina
CASE ISSUES VIOLATES LAW
1. Staff - Client Sales assistant filed sexual harrassment chargers
against a SC because Mr. Sprouse (a client) made
inappropriate/ insulting comments about Wendy. it is
illegal to harass a woman by making offensive
comments about women in general.
Verbal sexual harassment.
violates Title VII of the Civil Rights
Act of 1964 ; instituted the EEOC:
hostile environment created by
coworkers or non-employees
2. Staff - Supervisor Tom asked Wendy for dinner, touched her back, and
when she rejected, he blew up at Wendy over an
account without listening to her explanation. Wendy
felt embarrassed and tried talking to Tom who blamed
her attitude. He tried to ask her out for drinks while
touching her hand.
Physical sexual harassment.
violates Title VII of the Civil Rights
Act of 1964 - Hostile Environment
Created by Supervisors
3. Tom - Wendy Tom claims that Wendy was lying about the
harassment charge and wants Wendy to be fired.
Retaliation
4. FCA - male
employees
2 male employees were laughing over insulting jokes
which Jane (the FCA) did not appreciate. Stan then
monitored Ed’s and Paul’s emails which uncovered
unprofessional contents.
Hostile work environment -
email
Client - male
employee
Ed claims that his client enjoys jokes which might be
offensive. Stan asks Ed to tell his clients that it is
intolerable
12. 2
2-12
Title VII of the
1964 Civil Rights
Act
• Title VII of the
1964 Civil
Rights Act
o Who Does Title
VII Cover?
o The EEOC
This law, as amended in 1972, states that
an employer cannot discriminate on the
basis of race, color, religion, sex, or
national origin. The act covers almost
everyone and makes it unlawful for
employers with 15 or more employees in
the public or private sectors to
discriminate in hiring, retaining, or
dismissing employees.
The Equal Employment Opportunity
Commission (EEOC) has the
responsibility to administer and enforce
the Civil Rights Law at work. The
commission itself consists of five
members appointed by the President of
the United States. In practice, the
commission includes thousands of
employees around the country. Their job
is to receive, investigate and resolve
complaints by aggrieved individuals.
Every HR action you take as a manager, from interviewing applicants to training, appraising, and rewarding them, has equal employment implications. Therefore, the purpose of this chapter is to provide you with the knowledge to deal effectively with equal employment questions on the job. The main topics we cover are equal opportunity laws enacted from 1964 to 1991, the laws from 1991 to the present, defenses against discrimination allegations, illustrative discriminatory employment practices, and the EEOC enforcement process.
After studying this chapter, you will be able to:
1. Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act
and at least five other equal employment laws.
2. Describe post-1990 employment laws including the Americans with Disabilities Act and how
to avoid accusations of sexual harassment at work.
After studying this chapter, you will be able to:
3. Illustrate two defenses you can use in the event of discriminatory practice allegations, and cite specific
discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.
4. List the steps in the EEOC enforcement process.
5. Discuss why diversity management is important and how to install a diversity management program.
The Equal Employment Opportunity Commission (EEOC) has the responsibility to administer and enforce the Civil Rights Law at work. The commission itself consists of five members appointed by the President of the United States. In practice, the commission includes thousands of employees around the country. Their job is to receive, investigate and resolve complaints by aggrieved individuals.
We will now discuss important features of several federal equal employment laws. These laws include:
Title VII of the 1964 Civil Rights Act
the role of presidential Executive Orders
the Equal Pay Act
the Vocational Rehabilitation Act
the Pregnancy Discrimination Act
federal agency guidelines, and
two early court decisions on equal employment
The Fifth and Thirteenth Amendment to the Constitution of the United States provides protection to individuals. However, Congress and presidents did not take dramatic action with respect to implementing equal employment until the 1960s.
This law, as amended in 1972, states that an employer cannot discriminate on the basis of race, color, religion, sex, or national origin. The act covers almost everyone and makes it unlawful for employers with 15 or more employees in the public or private sectors to discriminate in hiring, retaining, or dismissing employees.
The Equal Employment Opportunity Commission (EEOC) has the responsibility to administer and enforce the Civil Rights Law at work. The commission itself consists of five members appointed by the President of the United States. In practice, the commission includes thousands of employees around the country. Their job is to receive, investigate and resolve complaints by aggrieved individuals.
Executive Orders have been used to expand equal employment opportunities in federal agencies. Such Executive Orders included steps to be taken to eliminate the present effects of past discrimination, or Affirmative Action. The Office of Federal Contract Compliance Programs (OFCCP) was established through Executive Orders. President Obama’s administration recently directed more funds and staffing to the OFCCP.
Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort, and responsibility, and are performed under similar working conditions.
The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Subsequent amendments eliminated the 65-year-old age cap. This effectively ended most mandatory retirement at age 65.
In O’Connor v. Consolidated Coin Caterers Corp., the U.S. Supreme Court handed down a decision about age discrimination. It held that an employee who is over 40 years of age might sue for discrimination if a “significantly younger” employee replaces him or her, even if the replacement is also over 40.
The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons. It does not require hiring unqualified people. It does require an employer to take steps to accommodate a handicapped worker unless doing so imposes an undue hardship on the employer.
The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in any term or condition of employment. Furthermore, if an employer provides disability insurance, then it must treat pregnancy and childbirth like any other disability, and include it in the plan.
More women are suing under this act. Pregnancy discrimination claims to the EEOC rose about 50% from 2000 to 2010, to 6,119 charges.
The federal agencies charged with ensuring compliance with these laws and executive orders issue their own implementing guidelines. These spell out recommended procedures for complying with the law.
The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth “highly recommended” procedures regarding things like employee selection, record keeping, and pre-employment inquiries.
Griggs v. Duke power company
First, the Court ruled that the discrimination does not have to be overt to be illegal. Second, the Court held that an employment practice (in this case, requiring a high school degree) must be job related. Third, the court placed the burden of proof on the employer to show that the hiring practice is job related.
Albermarle paper company v. Moody
In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. If an employer wants to test candidates for a job, then the employer first should document the job’s duties and responsibilities clearly and understand them. Furthermore, the job’s performance standards should be clear and unambiguous. Clear performance standards would show which employees are performing better than others.
Our first learning objective was to be able to explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws. Let’s review.
Title VII tells us that an employer cannot discriminate on the basis of race, dolor, religion, sex, or national origin.
Executive Orders have been used to expand equal employment opportunities in federal agencies.
Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort, and responsibility, and are performed under similar working conditions.
The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age.
The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons.
The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in any term or condition of employment.
The federal agencies charged with ensuring compliance with these laws and executive orders issue their own implementing guidelines. These spell out recommended procedures for complying with the law.
In one landmark case, the Supreme Court ruled that the discrimination does not have to be overt to be illegal. Second, the Court held that an employment practice (in this case, requiring a high school degree) must be job related. Third, the court placed the burden of proof on the employer to show that the hiring practice is job related.
In this next section, we will discuss the Civil Rights Act of 1991, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008 (GINA), state and local EEO laws, and sexual harassment.
Example, Civil Rights Act of 1991 (CRA 1991). The act that places the burden of proof back on employers and permits compensatory and punitive damages.
The burden of proof is what the plaintiff (for example, an employee) must show to establish possible illegal discrimination, and what the employer must show to defend its actions. An aggrieved employee must demonstrate that an employment practice (such as “must lift 100 pounds”) has a disparate (or “adverse”) impact on a particular group. The burden of proof then shifts to the employer, who must show that the challenged practice is job related.
CRA 1991 makes it easier to sue for money damages. It provides that an employee who can prove intentional discrimination can ask for compensatory and punitive damages.
If race, color, religion, sex, or national origin is a motivating factor for any employment practice, even if other factors also motivated the practice, it may be unlawful. This is known as a “mixed motive” case.
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with 15 or more workers from discriminating against qualified individuals with disabilities. Such practices include discrimination with respect to applications, hiring, discharge, compensation, advancement, training, and the like.
Under EEOC ADA guidelines, “mental impairment” includes “any mental or psychological disorder, such as...emotional or mental illness.” Examples include major depression, anxiety and personality disorders.
The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. If the individual can’t perform the job as currently structured, the employer must make a “reasonable accommodation” unless doing so would present an “undue hardship.” Reasonable accommodation might include redesigning the job, modifying work schedules, or modifying or acquiring certain equipment.
Traditional defenses for employers included proving that an impairment is central to the daily living activities of the worker, which was supported by the Supreme Court. Employers typically won 96% of such cases.
The ADA Amendments Act (ADAAA) became effective on January 1, 2009. The effect of the new act is to make it much easier for employees to show that their disabilities are limiting. For example, it is now easier for an employee to show that the disability is influencing one of the employee’s “major life activities.” It does so by adding examples like reading, concentrating, thinking, sleeping, and communicating to the list of life activities.
The bottom line is that employers must redouble their efforts to make sure they’re complying with the ADA and providing reasonable accommodations.
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with 15 or more workers from discriminating against qualified individuals with disabilities.
Uniformed Services Employment and Reemployment Rights Act
Under the Uniformed Services Employment and Reemployment Rights Act (1994), employers are generally required,
among other things, to reinstate employees returning from military leave to positions comparable to those they had
before leaving.
Genetic Information Nondiscrimination Act of 2008 (GINA)
The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based
on people’s genetic information.
In addition to federal laws, all states and many local governments prohibit employment discrimination. The effect of the state or local laws is usually to cover employers who federal laws might otherwise miss. Many cover employers such as those with fewer than 15 employees not covered by federal legislation. Such local agencies are frequently called “Human Resources Commissions” or “Fair Employment Commissions”. Often the federal EEOC will defer to the local agencies to provide them a first opportunity to address the issues. If results are not satisfactory or timely, the EEOC maintains the legal right to provide resolution.
Religious and Other Types of Discrimination
The EEOC enforces laws prohibiting discrimination based on age, disability, equal pay/compensation, genetic
information, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment.
Employers’ workforces are increasingly international, and this complicates dealing with employment law. As
an example, the employer should consider the legal situation when relocating employees from one country
to another. In one case, a German company moved an employee from Germany to New York, where he
worked satisfactorily for 11 years.
At that point, a problem arose at the New York subsidiary, and the German company fired several managers,
including this employee. Objecting to his firing, the employee filed a lawsuit against the subsidiary in New York,
and filed one against the parent company in Germany. The German firm had left his German employment
contract in place all these years. It allowed disputes to be heard in Germany (where dismissals tend to be more
strictly limited than in the United States). If the German company had terminated the German contract sometime
during the previous 11 years, it could have avoided the considerable costs of fighting the case in Germany.
Discussion Question 2-1: If you were the HR director at a company, what exactly would you do
to avoid such problems in the future?
The burden of proof is what the plaintiff (for example, an employee) must show to establish possible illegal discrimination, and what the employer must show to defend its actions.
CRA 1991 makes it easier to sue for money damages.
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with 15 or more workers from discriminating against qualified individuals with disabilities.
In addition to federal laws, all states and many local governments prohibit employment discrimination. The effect of the state or local laws is usually to cover employers who federal laws might otherwise miss.
What Is Sexual Harassment?
Under Title VII, sexual harassment generally refers to harassment on the basis of sex when
such conduct has the purpose or effect of substantially interfering with a person’s work performance
or creating an intimidating, hostile, or offensive work environment. In one recent year,
the EEOC received 11,717 sexual harassment charges, about 15% of which were filed by men.
(The U.S. Supreme Court held, in Oncale v. Sundowner Offshore Services Inc., that same-sex
sexual harassment is also actionable under Title VII.54.) One study found “women experienced
more sexual harassment than men, minorities experienced more ethnic harassment than whites,
and minority women experience more harassment overall than majority men, minority men, and
majority women.”
PROVING SEXUAL HARASSMENT
The types of sexual harassment fall into three general categories: Quid Pro Quo, Hostile environment
created by supervisors and hostile environment created by coworkers or non-employees.
Quid Pro Quo
The most direct is to prove that rejecting a supervisor’s advances adversely affected what the EEOC
calls a “tangible employment action.” Such actions include hiring, firing, promotion, demotion, and/or
work assignment.
Hostile Environment Created by Supervisors
In one case the court found that a male supervisor’s sexual harassment had substantially affected a
female employee’s emotional and psychological ability to the point that she felt she had to quit her job.
Hostile Environment Created by Coworkers or Nonemployees
One court held that a mandatory sexually provocative uniform led to lewd comments by customers.
When Is the Environment “Hostile”?
In general, hostile environment sexual harassment means that intimidation, insults, and ridicule are
sufficiently severe to alter working conditions.
Various Supreme Court Decisions have upheld the rights of employees to not be subject to sexual harassment. For example, in the case of Faragher v. City of Boca Raton, a woman accused her employer of condoning a hostile work environment. She quit her job after repeated taunts from other lifeguards. The Court ruled in her favor.
Implications of the Court’s rulings include, first, in quid pro quo cases, the employee does not need to suffer a job action such as demotion to win the case. Second, employers were provided an important defense by the Court if they show two things.
First, the employer must exercise reasonable care to prevent and correct any sexually harassing behavior.
Second, the employer must demonstrate the employee failed to take advantage of the employer’s policies.
Sometimes, the law isn’t sufficient. That is, women and men perceive what is and isn’t sexual harassment differently and some women may find harassment fun or flattering. Others may view it as benign. For the employer and managers, the best advice is to execute anti-harassment policies zealously.
If you, for example, are the harassed employee, here’s what to do. First, follow the employers policies to the letter. Second, file a verbal complaint with the harasser and the harasser’s boss. Third, file written complaints about the unwelcome behavior and the unsuccessful efforts at resolution with the harasser’s manager and HR. Finally, turn to the local EEOC office.
Sexual harassment generally refers to harassment on the basis of sex when such conduct substantially:
interferes with a person’s work performance or
creates an intimidating, hostile, or offensive work environment.
Employers have an affirmative action duty to maintain workplaces free from intimidation and harassment.
The Federal Violence Against Women Act of 1994 provides another path women can use to seek relief for violent sexual harassment.
Various Supreme Court Decisions have upheld the rights of employees to not be subject to sexual harassment. The Implications of the Court’s rulings include the following:
employee does not need to suffer a job action such as demotion to win the case.
employer must exercise reasonable care to prevent and correct any sexually harassing behavior.
employer must demonstrate the employee failed to take advantage of the employer’s policies.
Illustrate two defenses you can use in the event of discriminatory practice allegations, and cite
specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.
To understand how employers defend themselves against employment discrimination claims, we should first briefly review some basic legal terminology.
Showing that one of the employer’s employment practices or policies has an adverse impact therefore plays a central role in discriminatory practice allegations. Disparate rejection rates are shown by comparing application rejection rates for minority and non-minority groups.
The standard deviation rule refers to the difference between the numbers of minority candidates we would have expected to hire versus those we actually hired. That difference should be less than two standard deviations.
A restricted policy means that an employer’s policies excluded members of a protected group, such as women or minorities.
Population comparisons have to do with the percentage of protected group members in an organization and those in the labor market pool.
The McDonnell-Douglas test articulates four rules that must be shown by a potential employee.
A person must belong to a protected class.
An applicant was qualified for an open position with the employer.
Despite being qualified, the applicant was rejected.
After rejection, the position remained open and the employer continued seeking applicants with complainant’s qualifications.
It should not be an unlawful employment practice if religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that business. Age may be a BFOQ for an actor required to play a youthful or elderly part. Religion may also be a BFOQ if a religious organization requires its employees to share their religion. Gender may be a BFOQ for a female model required to model female clothing in a fashion show. And, national origin may be a BFOQ for an employee working in a Chinese pavilion at a fair.
While not always easy to show business necessity, it may be an important consideration where safety or human and economic risks are such that hiring unqualified candidates may result in severe injury or death to individuals.
The three other points with respect to discriminatory practice defenses to be remembered are:
Good intentions are no excuse.
Equal employment opportunity law takes precedence over collective bargaining agreements.
A court case is not your only recourse. Agreeing to eliminate the legal practice may work very well.
Disparate treatment means intentional discrimination.
Disparate impact refers to an employment practice or policy that has a greater adverse impact (effect) on members of a protected group. As examples, we discussed:
Disparate rejection rates
The Standard Deviation Rule
Restricted policy
Population comparisons
McDonnell-Douglas Test
There are two fundamental defenses an employer can use in the event of discriminatory practice allegations.
Bona Fide Occupational Qualification (BFOQ)
It should not be an unlawful employment practice if religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that business.
Business Necessity
An employer must show that a specific action is required for performing the job in question, and that the business could not run efficiently without the requirement—that it is a business necessity.
The three other points with respect to discriminatory practice defenses to be remembered are:
Good intentions are no excuse.
Equal employment opportunity law takes precedence over collective bargaining agreements.
A court case is not your only recourse. Agreeing to eliminate the legal practice may work very well.
Even careful employers eventually face employment discrimination claims and have to deal
with the EEOC. All managers (not just human resource managers) play roles in this process.
Figure 2-3 provides an overview of this EEOC enforcement process.
We will now examine the steps in the EEOC enforcement process.
The process begins when either the aggrieved person or a member of the EEOC who has reasonable cause to believe that a violation occurred must file the claim in writing and under oath.
The EEOC’s common practice is to accept a charge and orally refer it to the state or local agency on behalf of the charging party.
After a charge is filed (or the state or local deferral period has ended), the EEOC has 10 days to serve notice on the employer.
The EEOC then investigates the charge to determine whether there is reasonable cause to believe it is true.
If it finds no reasonable cause, the EEOC must dismiss the charge, and must issue the charging party a Notice of Right to Sue.
If the EEOC does find cause, it has 30 days to work out a conciliation agreement.
If the conciliation is not satisfactory, the EEOC may bring a civil suit, or issue a Notice of Right to Sue to the person who filed the charge.
The EEOC refers about 10% of its charges to a voluntary mediation mechanism. Such mechanism is defined as “…an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution….”
Many employers, to avoid EEO litigation, require applicants and employees to agree to arbitrate such claims. Employers should consider inserting a mandatory arbitration clause in their employment applications or employee handbooks.
The EEOC enforcement process consists of seven steps beginning with the filing of a charge and ending with conciliation and a notice to sue. The EEOC enforcement process includes voluntary mediation and mandatory arbitration of discrimination claims.
Diversity means having a workforce comprised of two or more groups of employees with various racial, ethnic, gender, cultural, national origin, handicap, age, and religious backgrounds. In creating diverse groups of employees, differing perspectives, knowledge, value systems and other characteristics can contribute to building strong and creative teams of people.
Workforce diversity produces both benefits and problems for employers. Potential problems include:
● Stereotyping. Here someone ascribes specific behavioral traits to individuals based on their apparent membership in a group. For example, “older people can’t work hard.”
Prejudice is a bias toward prejudging someone based on that person’s traits, as in “we won’t hire him because he’s old.”
● Discrimination is prejudice in action. It means taking specific actions toward or against the person based on the person’s group. Of course, it’s generally illegal to discriminate at work based on someone’s age, race, gender, disability, or national origin. But in practice, discrimination may be subtle. For example, many argue that a “glass ceiling,” enforced by an “old boys’ network” (friendships built in places like exclusive clubs), prevents women from reaching top management. Discrimination against Muslim employees is prohibited under Title VII. The number of such charges in rising quickly.
● Tokenism means a company appoints a small group of women or minorities to high profile positions, rather than more aggressively seeking full representation for that group.
● Ethnocentrism is the tendency to view members of other social groups less favorably than one’s own. Thus, in one study, managers attributed the performance of some minorities less to their abilities and more to help they received from others. The same managers attributed the performance of nonminorities to their own abilities.
● Discrimination against women goes beyond glass ceilings. Working women also confront gender-role stereotypes, the tendency to associate women with certain (frequently nonmanagerial) jobs.
The key to deriving benefits is properly managing these potential problems.
Managing diversity means maximizing diversity’s potential advantages while minimizing the potential barriers. Barriers such as prejudices and bias that can undermine the functioning of a diverse workforce. This awareness starts at the top. The employer institutes a diversity management program. A main aim is to make employees more sensitive to and better able to adapt to individual cultural differences. Here one writer advocates a four-step “AGEM” diversity training process: Approach, Goals, Executive commitment, and Mandatory attendance. First, determine if diversity training is the solution or if some other approach is more advisable. Next, make sure a high-visibility executive commits to the program. Finally, make training mandatory.
Equal employment opportunity aims to ensure that anyone, regardless of race, color, disability, sex, religion, national origin, or age, has an equal opportunity based on his or her qualifications. Affirmative action goes beyond this by having the employer take actions (in recruitment, hiring, and so forth) to eliminate the current effects of past discrimination.
The key aims of affirmative action programs are:
to use numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market.
and to eliminate the barriers to equal employment.
Employers may begin to achieved such aims by recruiting minorities online and overcoming employee resistance through education, communication and transparent selection procedures.
In terms of reverse discrimination, Courts have been grappling with the use of quotas (or de facto quotas) in hiring, particularly with claims of reverse discrimination (discriminating against nonminority applicants and employees). In one of the earliest cases, the Supreme Court struck down a policy of medical school admission that depended solely upon a racial quota.
We looked at diversity management and affirmative action programs on stereotyping and discrimination.
Unmanaged threats to diversity can produce behavioral barriers that reduce cooperation. Diversity benefits include measurable profitability and growth where diversity is managed proactively.
Managing diversity effectively for the purposes of:
EEO vs. Affirmative Action
Reverse discrimination
Equal employment opportunity aims to ensure that anyone has an equal opportunity based on his or her qualifications.
Affirmative action goes beyond this by having the employer take actions (in recruitment, hiring, and so forth) to eliminate the current effects of past discrimination.
Employers may begin to achieved such aims by recruiting minorities online and overcoming employee resistance through education, communication and transparent selection procedures.
In terms of reverse discrimination, Courts have been grappling with the use of quotas (or de facto quotas) in hiring, particularly with claims of reverse discrimination (discriminating against nonminority applicants and employees).
