BUSMHR 3200 Notes Part 4Dessler-Chapter 2:- Equal Employment Opportunity Commissiono It consists of five members, appointed by the president with the advice and consent of the Senateo 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 Actso 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 retiremento Vocational Rehabilitation Act of 1973: Requires employers with federal contracts over $2,500 to take affirmative actionfor 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 employero 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 employmento Federal Agency Guidelines Specify the procedures these agencies recommend employers follow in complying with the equal opportunity laws- Affirmative Actiono Required that contractors take affirmative action to ensure equal employment opportunityo The employer must go beyond EEO by being required to make an extra effort to hire andpromote 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 Harassmento 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 compensatingo Hostile Environment Created by Supervisors When denial of sexual advances interferes with work performance and creates an offensive work environmento Hostile Environment Created by Coworkers or Nonemployees Example: sexual comments made by customers due to a sexually provocative work uniform- Americans with disabilities acto Prohibits employment discrimination against qualified disabled individualso Requires that employers make “reasonable accommodations” for physical or mental limitations, unless doing so imposes an “undue hardship” on the businesso 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 Impacto Plays a central role in discriminatory practice allegationso 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 Treatmento Intentional discriminationo Title VII prohibits both “disparate treatment” and “disparate impact” discrimination- Disparate Impacto Unintentional discriminationo 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 Qualificationo An approach an employer can use to claim that the employment practice is a bona fide occupational qualification for performing the jobo “It should not be an unlawful employment practice for an employer to hire an employeeon 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 Necessityo Requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptableo It is not easy to prove that a practice is required for business necessity- Discriminatory Employment Practiceso Recruitment: Word of mouth Misleading information Help wanted ads- Cannot use “help wanted-male” or “help-wanted female” adso Selection Standards: Tests- Only allowed when they are demonstrating a reasonable measure of jobperformance Preference to relatives Height, weight Appearance Health Questions:- employers generally cannot ask questions about applicants’ medical history or require preemployment physical examinations Arrest records Application forms: - Shouldn’t contain questions pertaining, for instance, to applicants’ disabilities, workers’ compensation history, age, arrest record, marital status, or US citizenship- Managing Diversityo Maximizing diversity’s potential advantages while minimizing the potential barriers that can undermine the functioning of a diverse workforceo Top-Down Programs Provide strong leadership Assess the situation Provide diversity training and education Change culture and management systems Evaluate the diversity management programDessler-Chapter 8- Ethicso The
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