2 Equal Opportunity and
the Law
Copyright © 2015 Pearson Education,
Inc.
2-1
Learning Objectives
1. Explain the importance of and list the basic
features of Title VII of the 1964 Civil Rights
Act and at least five other equal employment
laws.
2
2. Describe post-1990 employment laws
including the Americans with Disabilities Act
and how to avoid accusations of sexual
harassment at work.
Copyright © 2015 Pearson Education, Inc. 2-2
Learning Objectives
3. Illustrate two defenses you can use in the
event of discriminatory practice allegations,
and cite specific discriminatory personnel
management practices in recruitment,
selection, promotion, transfer, layoffs, and
2
benefits.
4. List the steps in the EEOC enforcement
process.
5. Discuss why diversity management is
important and how to install a diversity
management program.
Copyright © 2015 Pearson Education, Inc. 2-3
Explain the importance of and
list the basic features of Title VII
of the 1964 Civil Rights Act and
at least five other
2
equal
employment laws.
Copyright © 2015 Pearson Education,
2-4
Inc.
Equal Opportunity
Laws Enacted From
1964 to
2 1991
Copyright © 2015 Pearson Education,
2-5
Inc.
Title VII of the 1964 Civil
Rights Act
• Title VII of the 1964
Civil Rights Act
o Who Does Title VII2
Cover?
o The EEOC
Copyright © 2015 Pearson Education,
2-6
Inc.
Executive Orders
• Signed into law by
various presidents
• Affirmative Action
• Office of Federal 2
Contract
Compliance
Programs (OFCCP)
Copyright © 2015 Pearson Education,
2-7
Inc.
Equal Pay Act of 1963
• Unlawful to discriminate on basis of
sex
• Jobs involve:
2
o Equal work
o Equivalent skills
o Similar conditions
Copyright © 2015 Pearson Education,
2-8
Inc.
Age Discrimination in
Employment Act of 1967
• Under ADEA, no discrimination for
those between 40 – 65
2
• No slack for employer if fired
employee replaced by one much
younger
Copyright © 2015 Pearson Education,
2-9
Inc.
Vocational Rehabilitation Act of
1973
• Federal contracts >
$2,500.
• Affirmative Action 2
• Reasonable
accommodations
Copyright © 2015 Pearson Education,
2-10
Inc.
Pregnancy Discrimination Act
of 1978
• Prohibits using pregnancy, childbirth, or
related medical conditions to
discriminate in: 2
o Hiring
o Promotion
o Suspension, or
o Discharge
Copyright © 2015 Pearson Education,
2-11
Inc.
Federal Agency Guidelines
• EEOC
• Civil Service Commission
2
• Department of Labor (DOL)
• Department of Justice (DOJ)
Copyright © 2015 Pearson Education,
2-12
Inc.
Early Court Decisions, Equal Employment
Opportunity
• Griggs v. Duke
power company 2
• Albemarle paper
company v. Moody
Copyright © 2015 Pearson Education,
2-13
Inc.
Review
• Title VII of the 1964 Civil Rights Act
• Executive Orders
• The Equal Pay Act
• The Vocational Rehabilitation
2 Act
• The Pregnancy Discrimination Act
• Federal agency guidelines
• Court decisions on equal
employment
Copyright © 2015 Pearson Education,
2-14
Inc.
Describe post-1990 employment
laws including the Americans
with Disabilities Act and how
to avoid accusations
2
of sexual
harassment at work.
Copyright © 2015 Pearson Education,
2-15
Inc.
The Laws Enacted from
1991 to the Present
2
Copyright © 2015 Pearson Education,
2-16
Inc.
The Civil Rights Act of 1991
• Burden of proof
• Money damages
2
• Mixed motives
Copyright © 2015 Pearson Education,
2-17
Inc.
The Americans with
Disabilities Act
• Mental impairments and the ADA
• Qualified individual
2
• Reasonable accommodation
• Traditional employer defenses
• The “new” ADA
Copyright © 2015 Pearson Education,
2-18
Inc.
The Americans with
Disabilities Act
Copyright © 2015 Pearson Education,
2-19
Inc.
State & Local EEO Laws
• Uniformed Services Employment Rights Act
• Genetic Information Act of 2008 (GINA)
• State and local employment
2 discrimination
• Employment opportunity agencies
• Religious and Other Types of
Discrimination
Copyright © 2015 Pearson Education,
2-20
Inc.
IMPROVING PERFORMANCE: HR
Practices Around the Globe
• Workforces are increasingly
international
2
• German company moved an employee
from Germany to New York
• Problem arose at the New York
subsidiary
Copyright © 2015 Pearson Education,
2-21
Inc.
Review
• Legal terminology
• The Civil Rights2 Act of 1991
• Americans with Disabilities Act
• State and local EOO laws
Copyright © 2015 Pearson Education,
2-22
Inc.
Sexual Harassment
• What Is Sexual Harassment?
• Proving Sexual Harassment
2
• When Is the Environment “Hostile”?
Copyright © 2015 Pearson Education,
2-23
Inc.
Sexual Harassment
• Supreme Court decisions
• Implications
2
• When the law isn’t enough
• What the employee can do
Copyright © 2015 Pearson Education,
2-24
Inc.
Review
• Sexual harassment
• Affirmative Action duty
• Federal Violence Against
2 Women
Act 1994
• Supreme Court decisions
Copyright © 2015 Pearson Education,
2-25
Inc.
Illustrate two defenses you can use
in the event of discriminatory
practice allegations, and cite
specific discriminatory personnel
management2 practices in
recruitment, selection, promotion,
transfer, layoffs, and benefits.
Copyright © 2015 Pearson Education,
2-26
Inc.
Defenses Against Discrimination
Allegations
2
Copyright © 2015 Pearson Education,
2-27
Inc.
The Central Role of Adverse
Impact
• Showing adverse impact
o Disparate rejection rates
o The Standard Deviation
2
Rule
o Restricted policy
o Population comparisons
o McDonnell-Douglas Test
Copyright © 2015 Pearson Education,
2-28
Inc.
Bona Fide Occupational
Qualification (BFOQ)
• Age
2
• Religion
• Gender
• National origin
Copyright © 2015 Pearson Education,
2-29
Inc.
Other Adverse Impact Issues
• Business Necessity
• Other considerations
o Good intentions2
o Collective Bargaining
Agreements (CBA)
o Defense not only recourse
Copyright © 2015 Pearson Education,
2-30
Inc.
Review
• Disparate Treatment and Impact
• The Central Role of Adverse Impact
2
• Employer Defenses
• Other Adverse Impact Issues
Copyright © 2015 Pearson Education,
2-31
Inc.
List the steps in the EEOC
enforcement2 process.
Copyright © 2015 Pearson Education,
2-32
Inc.
The EEOC Enforcement
Process
2
Copyright © 2015 Pearson Education,
2-33
Inc.
The EEOC Enforcement
Process
• File charge
• Charge acceptance
• Serve notice 2
• Investigation
• Cause/no cause
• Conciliation
• Notice to sue
Copyright © 2015 Pearson Education,
2-34
Inc.
The EEOC Enforcement
Process
• Voluntary mediation
2
• Mandatory arbitration
of discrimination claims
Copyright © 2015 Pearson Education,
2-35
Inc.
Review
• The EEOC Enforcement Process
o Seven-step process
• The EEOC Enforcement
2 Process
o Voluntary mediation
o Mandatory arbitration of
discrimination claims
Copyright © 2015 Pearson Education,
2-36
Inc.
Discuss why diversity
management is important and
how to install a diversity
management2 program.
Copyright © 2015 Pearson Education,
2-37
Inc.
Diversity Management and
Affirmative Action Programs
• Threats to Diversity
2
• Diversity Benefits
• Managing Diversity
Copyright © 2015 Pearson Education,
2-38
Inc.
Diversity Management and
Affirmative Action Programs
• EEO vs. Affirmative Action
2
• Implementing an Affirmative
Action Program
• Reverse Discrimination
Copyright © 2015 Pearson Education,
2-39
Inc.
Review
• Diversity threats and benefits
• Managing diversity
• Diversity management
2
and
Affirmative Action programs
• EEO vs. Affirmative Action
Copyright © 2015 Pearson Education,
2-40
Inc.
2
Copyright © 2015 Pearson Education, Inc. 2-41
