Chapter 3 Legislation Historical Background Legislations affecting diversity in organizations were a result of overt social and employment discrimination against Women and Blacks people of color and of different religions Older workers People with disabilities Discrimination prevented people from obtaining employment or subjected them to unfair treatment Major Federal Acts Related to Diversity in Organizations The Equal Pay Act of 1963 Addresses pay inequities between men and women and requires equal pay for equal work Exceptions based on seniority merit or performance are permitted Discrimination can be based on Conscious or unconscious sex bias and stereotyping Gender role socialization Sex segregation occurs when at least 70 of incumbents in a particular job are male or female Title VII of the Civil Rights Act of 1964 Prohibits employment discrimination on the basis of race color religion sex and national origin o Disparate treatment Employee is treated differently because of membership in a protected class o Disparate adverse impact Occurs when an apparently neutral employment practice has a negative effect on the employment of people belonging to protected Dnt hire diversity Coverage Under Title VII EXAM What is Title 7 Answer Protects all of the protected classes Don t need to know all of the little elements All private employers state and local governments and education institutions that employ fifteen or more individuals for twenty or more weeks per year Private and public employment Blanket Exclusion Under Title VII o Neutral discriminatory policy affecting those who possess criminal convictions caused the ban the box movement Programs to assist employers include o EEOC enforcement guidelines EXAM Match EEOC to promotes equality of opportunity in the workplace o Federal bonding program Measure taken by the U S Department of Labor to guarantee the job honesty of at risk job seekers The Equal Employment Opportunity Commission EEOC o Promotes equality of opportunity in the workplace and enforces federal laws that prohibit discriminatory practices o Investigates complaints of discrimination o Conciliates when complaints are deemed meritorious o Litigates when efforts to resolve complaints through conciliation are unsuccessful o Issues guidelines to assist employers in interpreting and complying with laws Exceptions to Title VII Executive Orders EO 11246 and 11375 o Ex Bus Driver can be fired if shes too old bcus it is said to be a safety issue to passengers o Affirmative Action in Employment o Other Beneficiaries of AAP o The Age Discrimination in Employment Act ADEA of 1967 o Prohibits employment related discrimination against persons who are aged 40 and older Prohibits o Age based harassment o Retaliation for filing a claim of discrimination o Employment decisions based on stereotypes about an individual s ability based on age Pregnancy Discrimination Act PDA of 1978 o Prohibits discrimination in hiring leave health insurance and fringe benefits o Requires employers to provide benefits for pregnancy and related conditions o Benefits should be similar to those provided for other temporary medical conditions the Sexual Harassment o Unwelcome sexual advances requests for sexual favors and other verbal or physical conduct of a sexual nature that o Explicitly or implicitly interfere with a person s employment o Unreasonably interfere with an individual s work performance o creates an intimidating hostile or offensive work environment Forms of Sexual Harassment o Quid Pro quo harassment o When persons with authority make sexual demands and submission to or rejection of those demands is used as a basis for employment decisions o Hostile environment harassment o Unwelcomed sexual conduct that has the purpose or effect of unreasonably interfering with job performance or creating an intimidating hostile environment Prevention of Sexual Harassment o o o Having and widely disseminating the organization s policy on harassment Educating about sexual harassment and their rights to a harassment free environment Creating multiple ways to complain Older Workers Benefit Protection Act of 1990 OWBPA Prohibits employers from denying benefits to older workers but recognizes that it is more expensive to provide some benefits to older workers Permits employers to reduce benefits based on age as long as the costs of providing benefits to older workers are the same as the costs of providing benefits to younger workers Americans with Disabilities Act of 1990 o Employers with fifteen or more employees employment agencies labor unions and state and local governments are prohibited from discriminating against persons with disabilities o Applicants must o Have a record of physical or mental impairment that substantially limits major life activities o Be qualified to perform the essential functions of the job in question The Civil Rights Act CRA of 1991 The Family and Medical Leave Act FMLA of 1993 Requires employers having at least fifty employees for twenty weeks to grant eligible employees unpaid leave for twelve weeks per year to care for personal or family medical needs Birth and care of a newborn child Adoption or foster child placement Care for a seriously ill spouse child or parent Personal serious health condition Federal Acts Related to Diversity Genetic Information Nondiscrimation Act of 2008 o Prohobits using genetici info in emplument deciosion making o Resticts asqiosition of such info o Strictly limits disclosure of such info Americas with Disabilities Act Amendments of 2008 Lilly Ledbetter Fair Pay Act of 2009 Diversity in the Judiciary and its Effects on Judicial Decisions o 90 of all federal and state judges are White o In racial harassment cases o White and Black judges ruled against plaintiffs in 79 and 54 of cases respectively o White judges may be less able to identify with and find plaintiffs complaints plausible o In sex discrimination cases female judges are more likely than male judges to rule for plaintiffs