Chapter 2Outline of Chapter 2Slide 3Slide 4Slide 5Slide 6Slide 7Slide 8What You Should Be Able to DoSlide 10First Equal Employment ActionOther Early Employment ActionsSlide 13Federal Employment Actions 1963-1991Sexual HarassmentSlide 16What’s an Employer to Do?Steps Employers Can TakeSample Sexual Harassment PolicyWhat’s an Employee to Do?Sexual ViolenceLandmark Court RulingsAlbemarle Paper Company v. MoodyEqual Employment Opportunity 1989 - 1991Equal Employment Opportunity 1991 - PresentAmericans With Disabilities Act (ADA)ADASlide 28ADA in PracticeState and Local EEO LawsSummary of Important EEO ActionsSlide 32Slide 33Slide 34Defenses Against Discrimination AllegationsHow to Show Adverse ImpactWhat’s an Employer to Do?Other ConsiderationsDiscriminatory Employment PracticesSlide 40Discriminatory Promotion, Transfer, and Layoff PracticesEEOC Enforcement ProcessEEOC Case Types FY 2000Questions to Ask When an Employer Receives a ComplaintSlide 45How a Company Responds to an EEOC ChargeHow an EEOC Investigation ProceedsMandatory Arbitration of Discrimination ClaimsDiversity WorksVoluntary Diversity Organizational StepsWhy Workplace Diversity Is StrategicHow to Encourage DiversityTwo Useful Strategies in Affirmative Action DesignUseful Strategies in Affirmative ActionThings to Remember As We Move Into Chapter 3© 2003 Prentice Hall, Inc.2-1Instructor presentation questions: [email protected] 2Equal Opportunity and the Law© 2003 Prentice Hall, Inc.2-2Outline of Chapter 2Equal Employment Opportunity 1963 to 1991Title VII of the 1964 Civil Rights ActExecutive OrdersEqual Pay Act of 1963Age Discrimination in Employment Act of 1967Vocational Rehabilitation Act of 1973© 2003 Prentice Hall, Inc.2-3Outline of Chapter 2Equal Employment Opportunity 1963 to 1991Vietnam era Veterans’ Readjustment Assistance Act 1974Pregnancy Discrimination Act of 1978Federal agency guidelinesSexual harassmentEarly court decisions regarding Equal Employment OpportunityEqual Employment Opportunity 1989-1991: A shifting Supreme Court© 2003 Prentice Hall, Inc.2-4Outline of Chapter 2Equal Employment Opportunity 1991 to presentThe Civil Rights Act of 1991The New Workplace: Enforcing the 1991 CRA AbroadThe Americans with Disabilities ActState and Local Equal Employment Opportunity Laws© 2003 Prentice Hall, Inc.2-5Outline of Chapter 2Defenses Against Discrimination AllegationsAdverse ImpactBona Fide Occupational QualificationBusiness necessityOther considerations in discriminatory practices defense© 2003 Prentice Hall, Inc.2-6Outline of Chapter 2Some Discriminatory Employment PracticesDiscriminatory recruitment practicesDiscriminatory selection standardsSample discriminatory promotion, transfer and layoff practices© 2003 Prentice Hall, Inc.2-7Outline of Chapter 2The EEOC Enforcement ProcessProcessing a chargeConciliation proceedingsHow to respond to employment discrimination chargesMandatory arbitration of discrimination claims© 2003 Prentice Hall, Inc.2-8Outline of Chapter 2Diversity Management and Affirmative Action ProgramsManaging DiversityStrategic HR: Longo ToyotaBoosting Workforce DiversityEqual Employment Opportunity versus Affirmative ActionAffirmative Action: Two Basic StrategiesHR.net: Recruiting minorities online© 2003 Prentice Hall, Inc.2-9What You Should Be Able to DoAvoid employment discrimination problems.Cite the main features of at least five employment discrimination laws.Define adverse impact and explain how it is proved and what its significance is.© 2003 Prentice Hall, Inc.2-10What You Should Be Able to DoCite specific discriminatory personnel management practices in recruitment, selection, and promotion, transfer, layoffs, and benefits.Explain and illustrate two defenses you can use in the event of discriminatory practice allegations.Define and discuss diversity management.© 2003 Prentice Hall, Inc.2-11First Equal Employment ActionTitle VII of the 1964 Civil Rights ActPrevents discriminationEstablished the Equal Employment Opportunity Commission (EEOC)Covers all employers with 15 or more personsIncludes private and public schools, state, local and federal governments© 2003 Prentice Hall, Inc.2-12Other Early Employment ActionsExecutive OrdersEqual Pay Act of 1963Age Discrimination in Employment Act of 1967Vocational Rehabilitation Act of 1973© 2003 Prentice Hall, Inc.2-13Other Early Employment ActionsVietnam Era Veterans’ Readjustment Assistance Act of 1974Pregnancy Discrimination Act of 1978Federal Agency Guidelines© 2003 Prentice Hall, Inc.2-14Federal Employment Actions 1963-1991 1963 Executive Order 112461963 Equal Pay Act1967 Age Discrimination Act1964 Civil Rights Act1969 Executive Order 113751973 Vocational Rehabilitation Act1974 Vietnam Era Veterans’ Readjustment Act1978 Pregnancy Discrimination Act1989-1991 Supreme Court Rulings1980 EEOC guidelines© 2003 Prentice Hall, Inc.2-15Sexual HarassmentHarassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment.DefinitionDefinition© 2003 Prentice Hall, Inc.2-16Sexual HarassmentEmployers have a duty to keep workplace free of sexual harassment and intimidationSexual harassment can be shown in three waysQuid Pro QuoHostile environment created by supervisorsHostile environment created by co-workers or non-employees© 2003 Prentice Hall, Inc.2-17What’s an Employer to Do?Two questions are asked by the courts when determining liability:1. Did the company know or should it have known that harassment was present?2. Did the company take any action to stop the harassment?© 2003 Prentice Hall, Inc.2-18Steps Employers Can TakeTreat complaints seriouslyCondemn behaviorInform employees Develop complaint procedureEstablish a response systemIncrease supervisors awarenessDiscipline Keep recordsConduct exit interviewsPublish policy Encourage upward communication© 2003 Prentice Hall, Inc.2-19Sample Sexual Harassment Policy© 2003 Prentice Hall, Inc.2-20What’s an Employee to Do?File verbal complaint File a written report Turn to local EEOC office to file a complaintConsult legal