Discrimination and Affirmative Action

Topics: Discrimination, Affirmative action, Equal Employment Opportunity Commission Pages: 34 (8582 words) Published: October 10, 2013
CHAPTER 3

EQUAL EMPLOYMENT OPPORTUNITY
LEGAL ASPECTS OF HUMAN RESOURCE MANAGEMENT

CHAPTER Overview
This chapter describes the influences of the legal environment on HRM. Particular attention is paid to EEO programs that are designed to eliminate bias in HRM programs, especially as they apply to women and minorities. In my opinion using the analogy of the human body, the law is the “head” vital to the rest of the body. Likewise adherence to the law, and legal knowledge is vital to HR. This knowledge in combination with the advisory role that HR plays in any organization is crucial. It can save the organization of millions of dollars arising from workplace violation, potential lawsuits and negative publicity. Numerous Supreme Court cases that influence HRM practices are presented, including: (a) Griggs v. Duke Power (1971)

(b) McDonnell Douglas v. Green (1973)
(c) Diaz v. Pan Am World Airways (1971)
(d) B Regents of the University of California v. Bakke (1987) (e) International Union, UAW v. Johnson Controls, Inc. (1991) This chapter also includes information on sexual harassment and pregnancy discrimination laws to illustrate that equal opportunity is a diverse concept and covers a wide range of employees. CHAPTER LEARNING OBJECTIVES

After reading this chapter, students should be able to

1. Determine three major reasons why equal employment opportunity (EEO) programs have evolved. 2. Describe two major criteria used to determine EEO and affirmative action compliance or noncompliance. 3. Explain what is meant by the term discrimination.

4. List the enforcement agencies responsible for administering Title VII of the Civil Rights Act, Executive Order 11246, and the Americans with Disabilities Act. 5. Outline how an organization can implement an affirmative action program.

KEY TERMS

affirmative action
Preferential treatment in hiring, recruitment, promotion, and development for groups that have been discriminated against. Age Discrimination Employment Act of 1967
Amended in 1978 and 1986. Protects workers between the ages of 40 and 70 against job discrimination. Americans with Disabilities Act, 1990
A comprehensive anti-discrimination law aimed at integrating the disabled into the workplace. It prohibits all employers from discriminating against disabled employees or job applicants when making employment decisions. bona fide occupational qualification (BFOQ)

A defense against discrimination only where age, sex, religion, or national origin is an actual qualification to perform the job. Civil Rights Act of 1964, Title VII
An important law that prohibits employers, unions, employment agencies, and joint labor-management committees controlling apprenticeship or training programs from discriminating on the basis of race, color, religion, sex, or national origin. Civil Rights Act of 1991

Allows for compensatory and punitive damages in international discrimination cases; allows for jury trials when damages are sought. disparate impact
A form on unintentional discrimination that occurs when a neutral employment practice has the effect of disproportionately excluding a group based upon a protected category. disparate treatment
The view that discrimination occurs due to different treatment given to a person because of race, sex, national origin, age, or disability factors. Equal Employment Opportunity Commission (EEOC)
The Civil Rights Act, Title VE, 1964, gave the EEOC limited powers to resolve charges of discrimination and interpret the meaning of Title VH. In 1972, Congress gave the EEOC the power to sue employers in the federal courts. Equal employment opportunity (EEO) programs

Programs implemented by employers to prevent employment discrimination in the workplace or to take remedial action to offset past employment discrimination. Equal Pay Act
The Equal Pay Act requires equal pay for equal work performed by men and women. four-fifths rule
This rule states that discrimination typically...
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