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EEO and Legal Issues
Human Resource Management
| Question | Answer |
|---|---|
| Equal Employment Opportunity | The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner |
| Legal Environment- Concerns | -Fairness issues -Economic disparity -Changing material values -Interest group agendas -Political party mandates -Loop-holes in current legislation |
| Legal Environment- Laws | -Passed by congress -Passed by state legislature -Presidential executive orders *changes go through state court system or federal court system |
| Legal Environment- Agencies | -Federal agencies -State agencies -Independent commissions |
| Legal Environment- Regulatory Action | -Rulings -Written regulations -Complaint investigations -Technical assistance -Lawsuits |
| Legal Environment- Management Responses | -Planning compliance strategies -Formulating appropriate HR policies -Briefing and training employees and managers -Defending lawsuits -Working with government agencies lobbying for policy changes |
| Purpose of EEO | -aimed at solving critical national issues, such as employment inequalities -constituents are not business organizations, but political and social groups wanting to redress past social inequalities |
| Equal Pay Act of 1963 | -Equal pay for equal work standard -established affirmative defenses +merit +seniority +quantity/quality +any factor other than sex |
| Civil Rights Act (Title VII) 1964 | Discrimination prohibited for 5 protected classes: race, color, religion, national origin, and sex **not covered by Title VII: private clubs, religions organizations, places related to Indian reservations. |
| Bona Fide Occupational Qualification (BFOQ) | Company admits illegal discrimination but maintains it was necessary to the operation of the business **e.g. Hooters |
| Business Necessity | Work-related practice that is necessary to the safe and efficient operation of an organization. |
| Sexual Orientation | No federal laws bar discrimination based on one's sexual orientation. Court cases have consistently held that sexual orientation is not a valid defense against discrimination. |
| Age Discrimination in Employment Act of 1967 | Prohibits discrimination with regard to increasing age, required benefit coverage for older workers, protects workers age 40-65. **1978: raise mandatory retirement age to 70 ***1986 no upper age limit |
| Executive Order 11246 | Prohibits discrimination by federal agencies and contractors on the basis of race, color, religion, national origin, (gender added later). Affirmative action established for government contractors. OFCCP created. |
| Pregnancy Discrimination Act (Amendment to CRA 1964) | Prohibits sex-plus discrimination, solidified the inclusion of "sex" in the protected classes of CRA Title VII. Requires pregnancy to be treated like any other disability. |
| Americans with Disabilities Act | Prohibited discrimination against qualified individuals. Required removal of physical barriers.. reasonable accommodation. Excluded illegal drugs, |
| Disability | 1. a physical or mental impairment that substantially limits one or more of the major life activites. 2. a record of such impairment 3. being regarded as having such an impairment. *personality disorders are covered **kleptomania,pyromania,substance a |
| NOT a Disability | -adjustment disorders -stress -poor eyesight, high blood pressure (can be treated - |
| Civil Rights Act of 1991 | Burden of proof (that discrimination did not occur) returned to employer. Punitive damages allowed for intentional discrimination. |
| Uniformed Services Employment and Reemployment Rights Act | Protects against discrimination on the basis of military obligation in hiring, job retention, and advancement. Also employers must make efforts to retrain as needed. |
| State of North Carolina | Private employers may not make employment decisions based on: Age, AIDS/HIV, any type of genetic testing or information, Service in the U.S. military or NC National Guard, Lawful use of any product when not at work (e.g., alcohol, tobacco) |
| Uniform Guidelines on Employee Selection Procedures | A procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions. |
| Validity | Proof of validity is established through validation studies that show the job relatedness or lack thereof for the selection instrument under study. |
| Prima facie case | Denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact |
| Disparate treatment | Employer treats an applicant/employee differently because of his/her protected class status (i.e., different standards for different people) |
| Disparate impact | Employer applies the same standard to all applicants/employees, but the standard affects one group more negatively |
| Four-fifths rule | Hiring rate of protected class is less than 4/5 of the hiring rate of the majority group |
| Rebuttal to Illegal Discrimination Case | -job relatedness -BFOQ -Seniority system -business necessity |
| Job relatedness | Company must show that its procedures are related to employee performance. |
| Bona Fide Occupational Qualification (BFOQ) | Company admits illegal discrimination but maintains it was necessary to the operation of the business |
| Bona fide seniority system | Employment practices that result in unfair discrimination are permitted if the actions are part of a bona fide seniority system e.g last hired, first fired stands in court. |
| Business necessity | Employment practices resulting in unfair discrimination are permitted if the actions are essential to efficient and safe operation of the company |
| Sexual Harassment (under Title VII) | Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment |
| Quid Pro Quo Harassment | Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions.” Involves a tangible or economic consequence, such as a demotion or loss of pay. |
| Hostile Environment | Occurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.” |
| Oncale v Sundowner Offshore Services (1998) | Same-sex sexual harassment (male-to-male, female-to-female) is covered under Title VII. |
| health benefits to same-sex couples | Of the nation’s top 500 companies, 70 percent now offer health benefits to same-sex couples. |
| University of California at Davis Medical School v. Bakke (1978) | School could not set aside seats for minorities; consideration of race in admissions must be narrowly tailored to achieve a compelling interest in diversity |
| Grutter v. Bollinger (2003) | Diversity of student body is compelling interest, and UMich Law School admissions policy is narrowly tailored to meet that interest |
| Gratz v. Bollinger (2003) | Diversity of student body is a compelling interest, but the University of Michigan undergraduate admissions policy was not narrowly tailored to meet that interest |
| United Steelworkers of America v. Weber (1979): | Court supported company’s voluntary affirmative action training program for minorities. |
| Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of Education (1986): | Affirmative action may not take precedence over a seniority system |
| Johnson v. Santa Clara County Transportation (1987): | Preferential treatment based on AA goals permitted if non-minorities protected. |
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