Human resrouce management 12th mathis jacson chapter 004

CHAPTER 4

Legal Framework of
Equal Employment
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PowerPoint Presentation by Charlie Cook
The University of West Alabama


Chapter
Chapter Objectives
Objectives
After you have read this chapter, you should be able to:
■ Explain four basic EEO concepts.
■ Describe key provisions in Title VII of the Civil Rights
Acts of 1964 and 1991.
■ Indicate important requirements of four other key EEOrelated laws.
■ Discuss the two general approaches for complying with
the 1978 Uniform Guidelines on Employee Selection
Procedures.
■ Identify typical EEO enforcement and compliance
requirements.
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Thomson/SouthWestern. All rights reserved.

4–2


Nature of Equal Employment Opportunity
• Equal Employment Opportunity (EEO)

 The concept that all individuals should have equal

treatment in all employment-related actions.

• Discrimination
 “Recognizing differences among items or people.”

• Protected Class
 Individuals within a group identified for protection

under equal employment laws and regulation.
• Race, ethnic origin, color • Sex/gender • Age
• Disability • Military experience • Religion
• Marital status • Sexual orientation
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FIGURE 4-1

Illegal Employment Discrimination

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Nature of EEO (cont’d)
• Disparate Treatment
 Occurs in employment-related situations when either:



Different standards are used to judge different
individuals, or the same standard is used, but it is
not related to the individuals’ jobs

 The outcome of the employer’s actions, not the intent,

is considered by the regulatory agencies or courts
when deciding whether or not illegal discrimination
has occurred.

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Nature of EEO (cont’d)
• Disparate Impact
 Occurs when substantial underrepresentation of

protected-class members results from employment
decisions that work to their disadvantage.
 Griggs vs. Duke Power (1971) decision:
1.

Lack of intent to discriminate is no employer
defense if discrimination occurs.

2.

The employer has the burden of proof in
proving that an employment requirement is a
job-related “business necessity.”

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FIGURE 4-2

EEO Concepts

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Burden of Proof
• McDonnell-Douglas v. Green
 The court ruled that a prima facie (preliminary) case

of employment discrimination exists by showing:
1.

The person is a member of a protected group.

2.

The person applied for and was qualified for a
job but was rejected.

3.

The employer continued to seek other
applicants after the rejection occurred.

 Once a court rules that a prima facie case has been

made, the burden of proof shifts to the employer.
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Progressing Toward EEO
• Equal Employment
 Employment that is not affected by illegal

discrimination.

• Blind to differences
 Differences among people should be ignored and

everyone should be treated equally.

• 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.
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FIGURE 4-3a

Major Federal Equal Employment Opportunity Laws and Regulations

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FIGURE 4-3b

Major Federal Equal Employment Opportunity Laws and Regulations

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FIGURE 4-3c

Major Federal Equal Employment Opportunity Laws and Regulations

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Sex/Gender Discrimination
• Pay Equity (Comparable Worth)
 The concept that pay for jobs requiring comparable

levels of knowledge, skill, and ability should be paid
similarity, even if actual duties differ significantly.
 Arises from the continuing gap between the earnings
of women and men.
 Courts have consistently ruled against the concept.

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Sex/Gender Discrimination (cont’d)
• Sexual Harassment
Actions that are sexually directed, are unwanted, and

subject the worker to adverse employment conditions
or create a hostile work environment.
Can occur between a boss and a subordinate, among
co-workers, and when non-employees have business
contacts with employees.

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Americans with Disabilities Act (ADA)
• Disabled Person
 Someone who has a physical or mental impairment

that substantially limits life activities, who has a
record of such impairment, or who is regarded as
having such an impairment.

• Who is disabled?
 Mitigation means and methods
 Mental disabilities (e.g., depression)
 Life-threatening illnesses (e.g., AIDS and HIV)
 Genetic bias regulations

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ADA and Job Requirements
Reasonable Accommodation

Essential Job Functions

Undue Hardship

Fundamental job duties of
the employment position
that an individual with a
disability holds or desires.

Significant difficulty or
expense imposed on an
employer in making an
accommodation for
individuals with disabilities.

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FIGURE 4-4

Most Frequent ADA Disabilities Cited

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Source: Based on data from U.S. Equal Employment Opportunity Commission, 1992–2005; see www.eeoc.gov for details.


Employment Discrimination Acts
• Age Discrimination in Employment (ADEA)
 Prohibits employment discrimination against all

individuals age 40 or older working for employers
having 20 or more workers.
 Does not apply if age is a job-related qualification
(BFOQ).

• Older Workers Benefit Protection Act (OWBPA)
 An amendment to the ADEA aimed at protecting

employees when they sign liability waivers for age
discrimination in exchange for severance packages.

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Immigration Reform and Control Act (IRCA)
• Immigration Reform and Control Act (IRCA)
 Prohibits employment discrimination against persons

legally permitted to work in the United States.
 Requires employers to document (I-9 form) eligibility

for employment.
 Provides penalties for knowingly

employing illegal workers.

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Discrimination Laws and Regulations
• Religious Discrimination
 Discrimination is illegal unless religion is a bona fide

occupational qualification.
 Reasonable accommodation of beliefs is required.

• Military Status and USERRA
 The Vietnam-Era Veterans Readjustment Act and the

Uniformed Services Employment and Reemployment
Act encourage the employment of veterans and
require employers to provide leaves of absence and
reemployment rights for employees called to active
duty.
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FIGURE 4-5

Uniformed Services Employment and Reemployment Rights Act
(USERRA) Provisions

Common Issues

• Leaves of absence
• Return to employment rights
• Prompt re-employment on return
• Protection from discharge/retaliation
• Health insurance continuation
• Continued seniority rights

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Discrimination Laws and Regulations
(cont’d)
• Sexual Orientation
 At present, federal protection against workplace

discrimination has not been granted.
 Court cases and the EEOC have ruled that sex
discrimination under Title VII applies to a person’s
gender at birth.

• Appearance and Weight Discrimination
 Uniform application of dress codes is permitted.
 Height and weight-related job requirements must be

job-related.
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Discrimination Laws and Regulations
(cont’d)
• Seniority and Discrimination
 Courts have held that the application of a valid

seniority system does not violate the rights of
protected-class individuals.

• Conviction and Arrest Records
 Employers may not use arrest records in employment

decisions.
 Conviction records may be used in determining
employability if the offense is job-related.
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FIGURE 4-6a

Guidelines to Lawful and Unlawful Pre-Employment Inquiries

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FIGURE 4-6b

Guidelines to Lawful and Unlawful Pre-Employment Inquiries

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