Civil rights acts of 1964 and 1991 Women in the workforce Sexual harassment Aging workforce Reasonable accommodations Affirmative action Diversity training.
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Slide 1
Civil rights acts of 1964 and 1991 Women in the workforce
Sexual harassment Aging workforce Reasonable accommodations
Affirmative action Diversity training Chapter 3 Equal Employment
Opportunity
Slide 2
Equal employment opportunity (EEO) Discrimination between items
or people Race Sex/gender Age Disabilities Military experience
Religion Marital statues (some states) Sexual orientation (some
states) Protected classes
Slide 3
Disparate treatment Different standards are used to judge
individuals The same standard is used but it is not related to the
individuals jobs Occurs when members of one group are treated
differently from others: test for women but not men
Slide 4
Disparate impact Occurs when members of a protected category
are substantially underrepresented as a result of employment
decisions that work to their disadvantage. Griggs v Duke Power,
1971 Showing lack of intent to discriminate is not enough to be
innocent Employer has burden of proof that an employment
requirement is directly job related as a business necessity
Slide 5
Equal employment opportunity concepts Business necessity - you
may have to read, but is a High School diploma necessary Washington
v. Davis - police officers had to read and comprehend an actual
part of their training manual to pass the testIt was not
discriminatory because more white men past.
Slide 6
Bona fide occupational qualification(BFOQ) Employers can
discriminate on the basis of sex, religion, or national origin if
characteristics are BFOQ The reason an employer can exclude someone
on otherwise illegal bases of consideration
Slide 7
Burden of Proof: FOR A PLAINTIFF TO FILE must be protected
category member and prove that disparate impact or disparate
treatment existed
Slide 8
Nonretaliation When employers take punitive actions against
individuals who exercise their legal rights Legal case from
2010.
Slide 9
Equal employment opportunity Equal employment employment that
is not affected by illegal discrimination Blind differences-
differences among people should be ignored and everyone should be
treated equally. Affirmative action- employers are urged to employ
people based on their race, age, gender, or national origin
Slide 10
Race/ethnic/national origin Civil Rights Act of 1964, Title
VII- created Equal Employment Opportunity Commission(EEOC) to
enforce rules Title VII, 1972- 15 employees, all educational
institutions, governments, employment agencies, labor unions. In
1980-sexual harassment was added Executive Orders 11246,11375,and
11478- government contractors cannot discriminate Civil Rights Act
of 1991- demonstrate an employment practice is job related for the
position and is consistent with business necessity. Protected class
status played some role in their treatment. Managing racial and
national origin issues Racial/ethnic harassment Affirmative
Action-employers are urged to hire groups of people based on their
race, age, gender, or national origin to make up for historical
discrimination. New Haven case: fear of legal action is not reason
to not do something Managing affirmative action- Affirmative Action
Plan (AAP)- annual document compiled by employer to submit to
enforcement agencies. Government contractors must do this and other
may voluntarily or by court order AAP Metrics: Availability
analysis- number of protected class available to work in labor
market and Utilization analysis identifies the number of protected
class members employed.
Slide 11
Sex/gender discrimination laws and regulations Pregnancy
Discrimination Act (PDA) of 1978- maternity leave is like any other
medical leave. FMLA of 1993- individuals are given up to 12 weeks
of leave without pay and may return to their jobs Equal Pay Act of
1963 pay similar wages for similar work. Differences: seniority,
performance, quality/quantity of work, and factors other than sex
like skill, effort, and working condition. Ledbetter case in 1979
Lilly Ledbetter Fair Pay Act in 2009 eliminated the statute of
limitations to file pay discrimination claims Pay equity- pay for
jobs requiring comparable levels of knowledge, skill, and ability
should be similar, even if actual duties differ significantly. Also
called comparable worth Sexual harassment- actions that are
sexually directed, are unwanted, and subject the worker to adverse
employment conditions or create a hostile work environment
Slide 12
Sex and gender issues Non traditional jobs architecture,
detectives, chefs, pilots.and women by Supreme Court, cannot be
reassigned to protect their health or unborn baby with less pay
Class Ceiling discriminatory practices that have prevented women
and other protected class members from advancing. Breaking the
glass
Slide 13
Differing sexual orientation Federal courts: EEOC gender at
birth, is persons gender. Nepotism allowing relatives to work for
the same employer Consensual relationships and romance at work
Sexual harassment Quid pro quo: something for something and Hostile
work environment: individuals work performance or psychological
well being is unreasonably affected by intimidating or offensive
working conditions Employers response: est. policy, communicate
policy, train employees, investigate.. Evidence shows different in
different countries
Slide 14
Individuals with disabilities-ADAAA Essential job functions
Reasonable accommodations Undue hardship too expensive or undue
hardship on employer Genetic Bias regulation and Genetic
Information Nondiscrimination Act (GINA): cannot collect
information for insurance from genetic tests
Slide 15
Managing disabilities in the workforce P. 93 : what to ask and
what not to ask when hiring Employees that develop disabilities:
handling accommodation requests--- it is the process more than the
end result ADAAA adaption: define the essential functions (job
description) in advance, handle all requests, interact with
employee in good faith, know and follow reasonable accommodation
rules
Slide 16
Age and equal employment opportunity Age Discrimination in
Employment Act (ADEA), 1967 Supreme Court state employees may not
sue state governments employers in federal courts because of ADEA
as it is FEDERAL LAW. Older Workers Benefit Protection Act (OWBPA)
signing liability waivers in exchange for severance packages
Overqualified: too old Phased retirement: a strategy used to
maintain older workers, employees gradually reduce their workloads
and pay levels
Slide 17
Religion and spirituality in the workplace Title VII of Civil
Rights Act: illegal to discriminate on religion Dress and
appearance Holidays work schedules time for prayer Bible studies
Hostile work environment if non Christians feel discriminated
against
Slide 18
Other discrimination Immigration Reform and Control Acts
(IRCA): I9 Forms, verify documents I9 Training Visas Language
issues: safety requirements to speak English.versus bilingual needs
Military Status and Uniformed Services Employment and Reemployment
Rights Act (USERRA) of 1994: employees are required to notify their
employers of military service obligations and employee has absence
job protection
Slide 19
Sexual orientation Transvestites are not protected under ADAAA
for having sexual behavior disorders--- Domestic partner benefits
state to state and company to company Appearance and Weight
Discrimination: You can set a dress code, as long as it is applied
uniformly Family Responsibility Discrimination (FRD):
discrimination against caregivers at work
Slide 20
Diversity Training Legal awareness Cultural awareness
Sensitivity awareness