1PowerPoint Presentation by Charlie CookPowerPoint Presentation by Charlie CookThe University of West AlabamaThe University of West AlabamaManaging Human ResourcesManaging Human ResourcesBohlander Bohlander •• SnellSnell1414ththeditionedition© 2007 Thomson/South© 2007 Thomson/South--Western.Western.All rights reserved.All rights reserved.Equal EmploymentEqual EmploymentOpportunity and Opportunity and Human Resources Human Resources ManagementManagement© 2007 Thomson/South-Western. All rights reserved. 3–2ObjectivesAfter studying this chapter, you should be able to:1. Explain the reasons behind passage of EEO legislation.2. Prepare an outline describing the major laws affecting equal employment opportunity. Describe bona fide occupational qualification and religious preference as EEO issues.3. Discuss sexual harassment and immigration reform and control as EEO concerns.4. Explain the use of the Uniform Guidelines on Employee Selection Procedures.© 2007 Thomson/South-Western. All rights reserved. 3–3Objectives (cont’d)After studying this chapter, you should be able to:5. Provide examples illustrating the concept of adverse impact and apply the four-fifths rule.6. Discuss significant court cases affecting equal employment opportunity.7. Illustrate the various enforcement procedures affecting equal employment opportunity.8. Describe affirmative action and the basic steps in developing an affirmative action program.© 2007 Thomson/South-Western. All rights reserved. 3–4Historical Perspective of EEO Legislation• Equal Employment Opportunity (EEO) The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner.• Changing National Values• Economic Disparity• Early Legal Developments Civil Rights Act (1866) Executive Order 8802 Civil Rights Act (1964)© 2007 Thomson/South-Western. All rights reserved. 3–5The Legal EnvironmentSource: Adapted from James Ledvinda And Vida Scarpello, Federal Regulation of Personnel and Human Resources Management, 2e. (Boston: PWS-Kent Publishing, 1990).ConcernsConcerns• Fairness issues• Economic disparity• Changing material values• Interest group agendas• Political party mandates• Loop-holes in current legislationState Court SystemFederal Court System• Passed by congress• Passed by state legislature• Presidential executive ordersType name hereType title here• Federal agencies • State agencies• Independent commissions• Rulings• Written regulations• Complaint investigations• Technical assistance• Lawsuits• Planning compliance strategies• Formulating appropriate HR policies• Briefing and training employees and managers• Defending lawsuits• Working with government agencies lobbying for policy changesOpinions and DecisionsLawsLaws AgenciesAgenciesManagementManagementResponsesResponsesRegulatoryRegulatoryActionActionChallenges to Laws© 2007 Thomson/South-Western. All rights reserved. 3–6Government Regulation of EEO• Protected Classes Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity.2© 2007 Thomson/South-Western. All rights reserved. 3–7Major Laws Affecting Equal Employment Opportunity© 2007 Thomson/South-Western. All rights reserved. 3–8Major Laws Affecting Equal Employment Opportunity (cont’d)© 2007 Thomson/South-Western. All rights reserved. 3–9Major Laws Affecting Equal Employment Opportunity (cont’d)© 2007 Thomson/South-Western. All rights reserved. 3–10Section 703(a) of Title VII of the Civil Rights Act• It shall be unlawful employment practice for an employer:To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin....© 2007 Thomson/South-Western. All rights reserved. 3–11Jurisdiction of the Civil Rights Act of 1964• All private employers in interstate commerce who employ fifteen or more employees for twenty or more weeks per year • State and local governments • Private and public employment agencies, including the U.S. Employment Service • Joint labor-management committees that govern apprenticeship or training programs • Labor unions having fifteen or more members or employees • Public and private educational institutions • Foreign subsidiaries of U.S. organizations employing U.S. citizens© 2007 Thomson/South-Western. All rights reserved. 3–12Exemptions From Antidiscrimination Regulations• Bona Fide Occupational Qualification (BFOQ) Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job.• Business Necessity Work-related practice that is necessary to the safe and efficient operation of an organization.3© 2007 Thomson/South-Western. All rights reserved. 3–13Age Discrimination Actions• Excluding older workers from important work activities.• Making negative changes in the performance evaluations of older employees. • Denying older employees job-related education, career development, or promotional opportunities.• Selecting younger job applicants over older, better-qualified candidates. • Pressuring older employees into taking early retirement.• Reducing the job duties and responsibilities of older employees.• Terminating older employees through downsizing.© 2007 Thomson/South-Western. All rights reserved. 3–14What Is a “Disability”?• The Americans With Disabilities Act defines a disability as: A physical or mental impairment that substantially limits one or more of the major life activities. A record of such impairment. Being regarded as having such an impairment.© 2007 Thomson/South-Western. All rights reserved. 3–15What Is a “Disability”? (cont’d)• The ADA does not cover:1. Homosexuality or bisexuality2. Gender-identity disorders not resulting from physical impairment or other sexual-behavior disorders3. Compulsive gambling, kleptomania, or pyromania4. Psychoactive substance-use disorders resulting from current illegal use of drugs 5. Current illegal use of drugs 6. Infectious or communicable diseases of public health significance (applied to food-handling jobs only and excluding AIDS)© 2007