Chapter 3 Equal Employent OpportunityI. Laws Affecting Discriminative Practicesa. Civil Rights Act of 1866- Federal law that prohibited discrimination based on raceb. Civil Rights Act of 1964- Outlawed Racial segregation and discrimination in employment, public facilities and educationi. Title 7- illigeal to discriminate based on1. Based on2. Race3. Religion4. Color5. Sex6. National origin7. Discrimination in hiring, promotion, dismissal, benefits, compensation also retaliation against charges 8. For companies 15+more peopleii. Griggs v. Duke Power- SC Case decision that tests must fairly measure the knowledge of skill rewuired for a job. iii. Equal Employment Opportunity Act(EEOA)- granted enforcement power to the equal opportunity commission. iv. Equal Employment Opportunity Commission- the arm of the federal government empowered to handle discrimination in employment cases. v. Affirmative Action- a practice in organizations that goes beyond discountinuance of discriminatory practices to include actively seeking, hiring, and promoting monitoring groups vi. Adverse Impact- A consequence of an employment practice that results in a greater rejection rate for a minority group than for the majority group in the occupation.c. Age Discrimination and Employment Act(ADEA)- this act prohibits arbitrary age discrimination, particularily among those over age 40d. Pregenancy Discrimination act of 1978- law prohibiting discrimanaiton based on pregnancy e. Americans with Disability act of 1990(ADA)- extends EEO coverage to include most forms of disability, requires employers to make reasonable accommodations, and eliminates post job offer medical exams.i. Resonable Accomidations- changes to the workplace that allow qualified workers with disabilities to perform their jobs.f. Civil Rights Act of 1991- further strengthened the 1964 actg. Family Medical Leaave act of 1993- employees can take up to 12 weeks onunpaid leave for family reasonsh. Uniformed Services Employment and Reemployment Rights act of 1994- clarifies and strengthens the rights of veterans to return to their jobns in the private sector whn they return from military serviceII. Determining Potential Discriminatory Practicesa. 4/5ths Rule- a rough indicator of discrimination, this rule requires that the number of minority members a company hires must equal at least 80% of the majority members in the population hired. b. Restricted Policy- policy that is biasedi. Firing or layoffing old people and hiring recent college gradsc. Geographic Comparrison- need to look at a qualified pool in varying geographic areas. d. Mcdonnel Douglas Test- 4 components must exhist to have a casei. Individual is a member of a protected groupii. Individual applied for a job for which he or she was qualifiediii. Individual was rejectediv. After rejecting the person the enterprise continued to seek other practices with similar qualificationse. Responding to a chargei. Bona Fide Occupational Qualification(BFOQ)- Job requirements that are reasonably necessary to meet the normal operations of that business or enterprise.1. cannot be used for race or color2. used to say that the person was fired because there ** interfeared with the role of the jobii. Seniorority System- decisions such as promotions, pay and layoffs are made on the basis of an employees seniority or length of service. III. Enforcing Equal Opportunity Employmenta. Role of the EEOCi. EEOC will notify companyii. EEOC will write the company of its findings within 120 daysiii. If there is a problem the EEOC will meet with management to settle problemiv. Will set up a more formal meeting v. Will file in courtIV. Sexual Harassmenta. Quid Pro Quo- This for that. Sex for a condition of employmentb. Hostile Environment Harassment- offensive and unreasonable situations in the workplace that interfere with the ability to
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