Equal Employment Opportunity Kenneth M. York School of Business Administration Oakland University
Equal Employment Opportunity
Kenneth M. York
School of Business Administration
Oakland University
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EEO Laws and Guidelines
Selection and Performance Appraisal: Uniform Guidelines on Employee Selection
Procedures Principles for the Validation and Use of Personnel
Selection Procedures Standards for Educational and Psychological
Tests
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EEO Laws and Guidelines
Fair Employment Practices: Guidelines on Sexual Harassment Age Discrimination in Employment Act Americans with Disabilities Act
Worker Health and Safety: Occupational Safety and Health Act
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Uniform Guidelines (1978)
Civil Rights Act 1964 Equal Employment Opportunity Commission Civil Service Commission Department of Labor Department of Justice
Employers may use tests to select qualified employees consistent with …improving the quality of the workforce …reasonable expectations of proficiency in the
workforce
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Uniform Guidelines (1978)
Selection procedure that selects less than 80% of the minority applicants compared to the majority applicants has adverse impact If selection procedure has adverse impact, each
component must be shown to be valid Equal employment opportunity posture of the
company will be considered Employer may modify the procedure or validate
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Uniform Guidelines (1978)
Record keeping Applicant flow data not connected with names/ID Females/Males; Blacks, AmerIndians, Asians,
Hispanics, Whites Records safeguarded against misuse and
criterion contamination No records of adverse impact is presumption of
adverse impact
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Uniform Guidelines (1978)
Test Validation methods: Selection procedure is correlated with job
performance (Criterion-Related Validity) OR Content of selection procedure is representative
of the job (Content Validity) OR Traits/constructs are correlated to job
performance (Construct Validity) Don’t select for easily learned KSAs
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Uniform Guidelines (1978)
Can select for higher level job if regular progression If lack of validity study, must have:
Substantial evidence of validity AND Validity study in progress
Can use a non-validated procedure: If part of an affirmative action plan If validation study cannot be done because of small sample
size
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Uniform Guidelines (1978)
Use of other validity studies is OK when: There is clear evidence of validity Study followed the Uniform Guidelines Same job and similar workforce No adverse impact Description of important job behaviors and
criterion of job success
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Uniform Guidelines (1978)
Employment Agencies Must follow Guidelines Employer using agency must follow the
Guidelines Disparate Treatment
Procedure imposed unequally by race, sex, national origin
Adverse impact focuses on outcome; disparate treatment focuses on procedure
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Uniform Guidelines (1978)
Adverse Impact 4/5ths or 80% Rule
strongest test, based on outcome of selection procedure
Labormarket (or Hazelwood or Utilization) Analysis weaker test, based on workforce
Population Analysis weakest test, not job-specific
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Principles for Validation (1987)
Society for Industrial/Organizational Psychology (SIOP)
How to do validation studies: Criterion-Related Strategies Content-Related Strategies Construct-Related Strategies
Validity Generalization
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Standards for Tests (1974)
American Psychological Association How to write a test:
Manual Norms/Percentiles Reliability and Validity
Standards for use of tests
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Guidelines on Sexual Harassment (1980)
A kind of sex discrimination under Title VII Unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature Term or condition of employment Hostile work environment
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Guidelines on Sexual Harassment (1980)
Employer liability Supervisor is harasser: strict liability Coworker or nonemployee is harasser: limited
liability Affirmative action obligation to prevent sexual
harassment Third party sexual harassment
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Age Discrimination in Employment Act (1967)
Prohibits discrimination against people 40-69, unless employer can demonstrate that age is a BFOQ Michigan Elliott-Larsen Act has no age limits
Older workers can waive their rights to sue under ADEA in exchange for early retirement incentives
No mandatory retirement before age 70
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Age Discrimination in Employment Act (1967)
Reasonable factors other than age can be used to justify termination of a protected worker: Reduction in force Voluntary early retirement plans
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Americans with Disabilities Act (1990)
Most significant anti-discrimination law since Civil Rights Act of 1964
Goal is to integrate the disabled into the workforce and change focus of pre-employment inquiries to ability to do the job
Covers employment, transportation, public accommodation
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Americans with Disabilities Act (1990)
43 million American have some type of disability Job descriptions must be rewritten to identify
essential job duties and other job duties Can be actual disability or perceived to be a
disability by others Disability is a physical or mental impairment
that substantially limits one or more major life activities
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Americans with Disabilities Act (1990)
What is a qualified disability? Includes cerebral palsy, muscular dystrophy,
epilepsy, AIDS, successfully rehabilitated drug abuser
Not transvestites, homosexuals, emotional or sexual disorders, illegal drug abuser
Reasonable Accommodation and Undue Hardship
Costs and benefits
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Occupational Safety and Health Act (1970)
OSHA Acts created: Occupational Safety and Health Administration Occupational Safety and Health Review
Commission National Institute for Occupational Safety and
Health Some occupational hazards:
Violence in the workplace Sick buildings Carpel Tunnel Syndrome (RSI)
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Occupational Safety and Health Act (1970)
OSHA paperwork (keep 5 years) OSHA-300 (formerly OSHA-200) OSGA-301 (formerly OSHA-101) OSHA-102
OSHA consultation OSHA penalties Accident & Injury Prevention Approaches
Engineering approach Personnel approach Industrial-social approach Pseudoscientific approach