Equal Employment Opportunity in Bangladesh

Fundamentals of Human
Resource Management
Eighth Edition
DeCenzo and Robbins
Chapter 3
Equal Opportunity Employment
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Introduction
Government legislation affects
all HRM functions
State and municipal laws impact
HRM, as well as the Federal
laws
Laws Affecting Discriminatory

Practices
Legislation prohibiting discrimination on the basis of
race, sex, and national origin before the 1964 Civil

Rights Act
Civil Rights Act of 1866
Fourteenth Amendment to the Constitution

Practices

Title VII prohibits discrimination in:
hiring
compensation
terms, conditions or privileges of employment
based on:
race
religion
color
sex
national origin
Applies to any organization with 15 or more
employees. www.AssignmentPoint.com

Griggs v. Duke Power Company (1971)
demonstrated that selection criteria must be directly
relevant to the job.
Equal Employment Opportunity Act (EEOA)

Granted enforcement powers to the EEOC
Equal Employment Opportunity Commission
(EEOC)
The arm of the federal government empowered to
handle discrimination in employment cases


Affirmative Action
Reflect the 1972 premise that white males made up
the majority of workers

Companies in the 70s were still growing and could
accommodate more workers
Minorities should be hired to correct past prejudice
Legal and social coercion were necessary to bring
about change
Involves:
analyzing current work force demographics
establishing goals and timetables for correcting
imbalances

Controversy and criticism of preferences in
employment for protected groups is causing

legislative bodies to take a second look at
Affirmative Action.
Adverse (disparate) impact
occurs when there is a greater rejection rate in an
occupation for a protected group (those protected

under discrimination laws) than for the majority group.
Adverse (disparate) treatment

occurs when members of a protected group are
treated differently than other employees.


Practices
Executive Order (E.O.) 11246
Prohibits discrimination on the basis of religion, color,
and national origin
Affects
Federal agencies
Those working under federal contracts
Executive Order (E.O.) 11375
Added sex-based discrimination

Practices
Age Discrimination in
Employment Act of 1967
protects those 40 and older
eliminates mandatory retirement
and the arbitrary replacement of

older workers with younger
workers
provides for oversight in pension
and benefit issues

Practices
Pregnancy Discrimination Act of
1978
Employment decisions may not be
based on an individuals pregnancy

Must treat pregnancy as any other
short-term disability
Supplemented by various state
laws

Practices
The Americans with Disabilities
Act of 1990 (ADA)
Extends protection of Vocational
Rehabilitation Act to most forms of

disability status (including AIDS and
other contagious diseases).
Requires companies to make
reasonable accommodations for
qualified applicants and employees.
Covers private companies and all
public service organizations.

Practices
The Family and Medical Leave
Act of 1993
Employees in organizations employing
50 or more workers can take up to 12

weeks unpaid leave each year for
Childbirth
Adoption
Own illness or illness of a family member
Employees must meet eligibility
requirements to be covered.
Employers must meet certain
communication requirements under the
Act.

Practices
Executive Order 11478
Amends E.O. 11246
Practices in the federal government must be based on
merit
Prohibits discrimination based on:
Political affiliation
Marital status
Physical handicap

Practices
Passed after Supreme Court decisions diminished
effect of Griggs decision.

Prohibits racial harassment
Returns burden of proof to employer
Reinforces illegality of making hiring, firing or
promotion decisions on basis of race, ethnicity, sex or
religion
Permits women and religious minorities to seek
punitive damages in intentional discriminatory claims
Included the Glass Ceiling Act
Guarding Against
Discrimination Practices
Determining Potential Discriminatory Practices
The 4/5ths Rule
Restricted Policy
Geographical Comparisons
McDonnell-Douglas Test
Guarding Against
The 4/5ths Rule
Guideline established by EEOC Uniform Guidelines on
Employee Selection Procedures.
Compares selection ratio for minority applicants to
that for majority applicants
If less than 4/5ths (80%), discrimination may have
occurred.
Applies to all steps in a selection process.
Guarding Against
Restricted Policy
infractions occur when HRM activities result in
exclusion of a class of individuals
E.g., laying off employees over age 40 while recruiting

younger workers
Guarding Against
Discrimination
Practices
Geographical Comparisons
Characteristics of the qualified pool of
potential applicants
are compared to
characteristics of employees
Guarding Against
McDonnell-Douglas Test
Individual is member of a protected group.
Individual is qualified for job.
Individual is rejected.
Organization continues to seek other applicants with
similar qualifications.
Responding to an EEO Charge

Employers should discontinue practices which
cannot be defended.
Practice reinstated only after
Careful study
Practice is modified, if necessary
Three defenses:
Business necessity
Bona Fide occupations qualifications
Seniority System
Responding
to an EEO Charge
Business Necessity
the right to expect employees
to perform successfully
shown by demonstrating that
selection criteria are jobrelated

Bona Fide Occupational Qualifications
Can be use when job requirements are Reasonably
necessary to meet the normal operation of that
business or enterprise
Title VII exceptions
Sex
Age
Religion

Seniority Systems
Decisions that adversely affect protected group
members may be permissible if:
Based on well-established and consistently applied
seniority systems
Selected Relevant Supreme

Court Cases
Cases Concerning Discrimination

Cases Concerning Reverse Discrimination

Court
CasesCases
concerning discrimination
Griggs v. Duke Power (1971): Tests
were illegal when they resulted in adverse

impact and were not job related.
Albemarle Paper Company v. Moody
(1975): Clarified methods for using and
validating tests in selection
Wards Cove Packing Company v. Atonio
(1989): Statistics alone could not support
evidence of discrimination; burden of
proof shifted to the plaintiff.

Casesreverse discrimination
Court
Cases concerning
Bakke v. the Regents of the University of
California at Davis Medical School (1978):

School could not set aside seats for minorities.
United Steelworkers of America v. Weber
(1979): Court supported companys voluntary
affirmative action training program for
minorities.

Court
Cases
Firefighter
Local 1784 v. Stotts (1984)
& Wyant v. Jackson Board of
Education (1986):
Affirmative action may not take
precedence over a seniority system

Collective bargaining agreement giving
preferential treatment to minorities in
layoffs was illegal.
Johnson v. Santa Clara County
Transportation (1987):
Preferential treatment based on AA goals
permitted if non-minorities protected.

Enforcing Equal Employment

Opportunity
Equal Employment Opportunity
Commission
Jurisdiction for Title VII and other
legislation that covers charges of

discrimination based on race, color,
sex, national origin, age or disability.
Five Step Process to Pursue
Charges

Opportunity
1.
2.
3.
EEOC notifies company within 10 days of filing

and begins investigation
EEOC notifies company of findings within 120
days
If unfounded, process stops
If founded, EEOC tries to resolve
4.
5.
If unsuccessful, EEOC begins mediation

(settlement meeting)
If unsuccessful, EEOC may file charges in
court

Opportunity
Office of Federal Contract Compliance
Programs (OFCCP)
Enforces
Executive Order 11246
Section 503 of Vocational Rehabilitation Act
Vietnam Veterans Readjustment Act of 1974.
Operates within U.S. Dept. of Labor.
Investigates discrimination complaints; process similar
to that of EEOC.
Can cancel employers contract with federal
government
Applies to any organization with a federal contract or
acts as a subcontractor.
HRM
a Global
Environment
Laws in
affecting
Human Resource
Management vary greatly by country.
Canadian laws closely parallel those
in the U.S.
In Mexico, employees more likely to
be unionized.
Australias discrimination laws not
enacted until the 1980s
Current Issues in Employment

Law
What is Sexual Harassment?
Unwanted activity of a sexual nature that affects an
individuals employment
Prohibited under Title VII as sex discrimination
Sexual harassment can occur where: verbal or
physical conduct toward an individual:

(1) creates an intimidating, offensive, or hostile
environment
(2) unreasonably interferes with an individuals work
(3) adversely affects employees employment
opportunities.

Law Savings Bank v. Vinson Supreme
Meritor
Court case: supported hostile
environment claims; identified employer
liability.
Harris v. Forklift Systems, Inc. Supreme
Court case: victims dont have to suffer
substantial mental distress.
1998 Supreme Court ruling indicated that
harassment can take place even if the
employee does not experience any
negative job repercussions.

Law
Are Women Reaching the Top of
Organizations?
Comparable worth - determining fair pay for both
female-oriented jobs and male-oriented jobs based

on comparable skill, effort, and responsibility.
Glass ceiling - lack of women and minority
representation at the top levels of organizations.
OFCCP has glass ceiling initiative.
Promotes career development

for women and minorities.
Looks for such in its audits.

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Fundamentals of Human

DeCenzo and Robbins

Laws Affecting Discriminatory

race, sex, and national origin before the 1964 Civil

Laws Affecting Discriminatory

Civil Rights Act of 1964

Applies to any organization with 15 or more

Civil Rights Act of 1964

relevant to the job.

Equal Employment Opportunity Act (EEOA)

Equal Employment Opportunity Commission

handle discrimination in employment cases

Civil Rights Act of 1964

the majority of workers

Civil Rights Act of 1964

employment for protected groups is causing

occupation for a protected group (those protected

Adverse (disparate) treatment

treated differently than other employees.

Laws Affecting Discriminatory

Laws Affecting Discriminatory

and the arbitrary replacement of

Laws Affecting Discriminatory

based on an individuals pregnancy

Laws Affecting Discriminatory

Rehabilitation Act to most forms of

Laws Affecting Discriminatory

50 or more workers can take up to 12

Employees must meet eligibility

Laws Affecting Discriminatory

Laws Affecting Discriminatory

effect of Griggs decision.

E.g., laying off employees over age 40 while recruiting

Responding to an EEO Charge

Responding to an EEO Charge

Responding to an EEO Charge

Selected Relevant Supreme

Cases Concerning Discrimination

Selected Relevant Supreme

were illegal when they resulted in adverse

Selected Relevant Supreme

California at Davis Medical School (1978):

Selected Relevant Supreme

precedence over a seniority system

Johnson v. Santa Clara County

permitted if non-minorities protected.

Enforcing Equal Employment

legislation that covers charges of

Five Step Process to Pursue

Enforcing Equal Employment

EEOC notifies company within 10 days of filing

If unsuccessful, EEOC begins mediation

Enforcing Equal Employment

Current Issues in Employment

Sexual harassment can occur where: verbal or

physical conduct toward an individual:

Current Issues in Employment

Current Issues in Employment

female-oriented jobs and male-oriented jobs based

Promotes career development

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