How Leading Companies Deliver Value with People Analytics
Equal Opportunity Employment
1. Fundamentals of Human
Resource Management
Eighth Edition
DeCenzo and Robbins
Chapter 3
Equal Opportunity Employment
Fundamentals of Human Resource
2. Introduction
• Government legislation
affects all HRM functions
• State and municipal laws
impact HRM, as well as
the Federal laws
Fundamentals of Human Resource
3. Civil Rights Act of 1964
• prohibits discrimination in:
– hiring
– compensation
– terms, conditions or privileges of employment
• based on:
– race
– religion
– color
– gender
– national origin
• Applies to any organization with 15 or more
employees.
Fundamentals of Human Resource
4. Civil Rights Act of 1964
– demonstrated that selection criteria must
be directly relevant to the job.
• Equal Employment Opportunity Act
(EEOA)
– Granted enforcement powers to the EEOC
• Equal Employment Opportunity
Commission (EEOC)
– The arm of the federal government
empowered to handle discrimination in
employment cases
Fundamentals of Human Resource
5. Civil Rights Act of 1964
– Reflect the basis that white males made up the
majority of workers
– Companies in the 70’s were still growing and could
accommodate more workers
– Minorities should be hired to correct past
discrimination
– Legal and social coercion were necessary to bring
about change
• Involves:
– analyzing current work force demographics
– establishing goals and timetables for correcting
imbalances
Fundamentals of Human Resource
6. • Controversy and criticism of preferences in
employment for protected groups is causing
legislative bodies to take a second look at
Affirmative Action.
• Adverse (disparate) impact
– occurs when there is a greater rejection rate in an
occupation for a protected group (those
protected under discrimination laws) than for the
majority group.
• Adverse (disparate) treatment
– occurs when members of a protected group are
treated differently than other employees.
Fundamentals of Human Resource
7. Laws Affecting Discriminatory
Practices
– Prohibits discrimination on the basis of
religion, color, and national origin
• Affects
– Federal agencies
– Those working under federal contracts
Fundamentals of Human Resource
8. Laws Affecting Discriminatory
Practices
• Age Discrimination in
Employment
– protects those 40 and older
– eliminates mandatory
retirement and the random
replacement of older workers
with younger workers
– provides for oversight in
pension and benefit issues
Fundamentals of Human Resource
9. Laws Affecting Discriminatory
Practices
• The Americans with Disabilities
– Extends protection of Vocational
Rehabilitation Act to most forms of
disability status (contagious
diseases).
– Requires companies to make
reasonable accommodations for
qualified applicants and employees.
– Covers private companies and all
public service organizations.
Fundamentals of Human Resource
10. Laws Affecting Discriminatory
Practices
– Prohibits discrimination based on:
• Political affiliation
• Marital status
• Physical handicap
Fundamentals of Human Resource
11. Responding to an EEO Charge
• Business Necessity
– the right to expect
employees to perform
successfully
– shown by demonstrating
that selection criteria
are job-related
Fundamentals of Human Resource
12. HRM in a Global Environment
• Laws affecting Human
Resource Management vary
greatly by country.
• Canadian laws closely parallel
those in the U.S.
• In Mexico, employees more
likely to be unionized.
• Australia’s discrimination laws
not passed until the 1980s
Fundamentals of Human Resource
13. Current Issues in Employment
Law
• Are Women Reaching the Top of
Organizations?
– Comparable worth - determining fair pay for both
female-oriented jobs and male-oriented jobs
based on comparable skill, effort, and
responsibility.
– Glass ceiling - lack of women and minority
representation at the top levels of organizations.
– has glass ceiling initiative.
• Promotes career development
for women and minorities.
• Looks for such in its audits.
Fundamentals of Human Resource