Dessler Chapter 2 Equal Employment Opportunity Commission BUSMHR 3200 Notes Part 4 o It consists of five members appointed by the president with the advice and consent of the Senate o Based off of Title VII which states it is considered unlawful to 1 To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual 2 To limit segregate or classify his or her employees or applicants for employment Important Acts o Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate against employees or applicants for employment who are 40 years of age or older effectively ending most mandatory retirement o Vocational Rehabilitation Act of 1973 Requires employers with federal contracts over 2 500 to take affirmative action for the employment of handicapped persons Does not require hiring an unqualified person Requires that an employer take steps to accommodate a handicapped worker unless doing so imposes an undue hardship on the employer o Pregnancy Discrimination Act of 1978 Broadened the definition of sex discrimination to encompass pregnancy childbirth or related medical conditions Prohibits using these for discrimination in hiring promotion suspension or discharge or any other term or condition of employment o Federal Agency Guidelines Specify the procedures these agencies recommend employers follow in complying with the equal opportunity laws o Required that contractors take affirmative action to ensure equal employment Affirmative Action opportunity o The employer must go beyond EEO by being required to make an extra effort to hire and promote those in a protected Sexual Harassment o Unwelcome sexual advances requests for sexual favors and other verbal or physical conduct of a sexual nature that takes place under any of the following conditions 1 Submission is explicitly or implicitly a term or condition of an individual s employment 2 Submission to or rejection of such conduct is the basis for employment decisions affecting such individual 3 Such conduct has the purpose or effect of unreasonably interfering with an individual s work performance or creating an intimidating hostile or offensive work environment Proving Sexual Harassment o Quid Pro Quo This is the most direct method of proving sexual harassment It occurs when rejecting a supervisor s advances adversely affects a tangible employment action such as hiring firing promoting or compensating o Hostile Environment Created by Supervisors When denial of sexual advances interferes with work performance and creates an offensive work environment o Hostile Environment Created by Coworkers or Nonemployees Example sexual comments made by customers due to a sexually provocative work uniform Americans with disabilities act o Prohibits employment discrimination against qualified disabled individuals o Requires that employers make reasonable accommodations for physical or mental limitations unless doing so imposes an undue hardship on the business o Implications for Managers and Employers Do not deny a job to a disabled individual if the person is qualified and able to perform the essential job functions Make a reasonable accommodation unless doing so would result in undue hardship Know what you can ask applicants In general you may NOT make preemployment inquiries about a person s disability before making an offer However you may ask questions about the person s ability to perform essential job functions Itemize essential job functions on the job descriptions In virtually any ADA legal action a central question will be what are the essential functions of the job Do not allow misconduct or erratic performance including absences and tardiness even if that behavior is linked to disability Adverse Impact o Plays a central role in discriminatory practice allegations o Refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment placement or promotion Disparate Treatment Disparate Impact o Intentional discrimination o Title VII prohibits both disparate treatment and disparate impact discrimination o Unintentional discrimination o Employers prohibited from using apparently neutral selection tests that have the effect of disproportionately excluding persons based on race color religion sex or national origin unless the tests or selection procedures are job related and consistent with business necessity Bona Fide Occupational Qualification o An approach an employer can use to claim that the employment practice is a bona fide occupational qualification for performing the job o It should not be an unlawful employment practice for an employer to hire an employee on the basis of religion sex or national origin in those certain instances where religion sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise Business Necessity o Requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable o It is not easy to prove that a practice is required for business necessity Cannot use help wanted male or help wanted female ads Only allowed when they are demonstrating a reasonable measure of job Discriminatory Employment Practices o Recruitment Word of mouth Misleading information Help wanted ads o Selection Standards Tests performance Preference to relatives Height weight Appearance Health Questions Arrest records Application forms employers generally cannot ask questions about applicants medical history or require preemployment physical examinations Shouldn t contain questions pertaining for instance to applicants disabilities workers compensation history age arrest record marital status or US citizenship Managing Diversity o Maximizing diversity s potential advantages while minimizing the potential barriers that can undermine the functioning of a diverse workforce o Top Down Programs Provide strong leadership Assess the situation Provide diversity training and education Change culture and management systems Evaluate the diversity management program Dessler Chapter 8 Ethics worse o The principles of conduct governing an individual or a group o Normative judgments imply that something is good or bad right or wrong better or What are the ways the HR can help promote ethics and fair treatment o Ethical behavior starts with
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