Equal Employment

Opportunities
 Main Sources
1. Reconstruction of Civil Rights Act
of 1866
2. Title VII of the Civil Rights Act of 1964

• Prohibits discrimination
• Led to creation of EEOC
• For organizations of >15 employees
• Affirmative Action?
• Poorly defined discrimination
 Main Sources
3. Executive Order 11246

4. Revised Order #4: Federal

contactors must…
• Conduct a utilization analysis
• Establish goals
• Devise a strategy for implementation
of AAP
5. Civil Rights Act of 1991
 Pre – 1964
-Reconstruction Civil Rights Act
of 1866: “all persons” shall have
the same right to “make and
enforce contracts” as “white
citizens”
-burden of proof on individual to
prove disparate treatment
-no firm size limitations

1964 – 1988
-Civil Rights Act of 1964; Title VII
-Griggs vs. Duke Power 1971
landmark case proscribes
practices fair in form but
discriminating in operation
(adverse impact)
-burden of proof on the employer
to prove job relatedness
 1989-1990
-Wards Cove and other
influential Supreme Court cases
-employee shows not only
adverse impact, but also that the
procedure was not job related
-employer need not show job
relatedness

1991
-Civil Rights Act of 1991
-main purpose to overturn recent
Supreme Court cases
-allows punitive damages
-burden of proof for job
relatedness goes back to the
employer
 2000
-Supreme Court 5-4 decision
overturned NJ Supreme Court
ruling against BSA anti-gay
membership
-allowed BSA to maintain
discriminatory policy
2003
-Grutter vs. Bollinger supports
reverse discrimination
-Gratz vs. Bollinger, University of
Michigan admittance program
struck down
 Main Sources
• Civil Rights Act of 1991 (cont’d)
 Fundamental purpose to restore "the
right of employees to challenge
practices that disproportionately exclude
women or minorities from America's
workplaces" (E. Kennedy)
 Reverses parts of ’89-90 decisions
 Prohibits racial harassment
 Main Sources
• Civil Rights Act of 1991 (cont’d)
 Expands use of CRA 1866
 Shifts burden of proof back to employer

 Modifies burden of proof for plaintiff

 Consent decrees cannot be challenged
 Covers U.S. companies abroad
 Established “glass ceiling” committee
 Extends punitive damages
 Other Laws to Prevent
Discrimination

1. ADEA 1967

2. Veterans Reemployment Act 1967

3. EEO Act 1972

4. Vocational Rehabilitation Act 1973

 Other Laws to Prevent
Discrimination

5. Pregnancy Discrimination Act 1978

6. Immigration Reform and Control Act 1987

7. Americans with Disabilities Act 1990

8. Family and Medical Leave Act 1993

 Relevant Supreme Court
Cases

• Ward’s Cove v. Antonio

1989 ruling – increased plaintiff’s
burden of proof

1991 result – only exception to the rule

 Relevant Supreme Court
Cases

• Patterson v. McClean
1989 ruling – 1866 Act restricted

1991 result – 1866 Act applies to other

conditions
 Relevant Supreme Court
Cases

• Price Waterhouse v. Hopkins

1989 ruling – employer’s burden eased

1991 result – eases plaintiff’s burden

 Relevant Supreme Court
Cases

• Martin v. Wilkes
1989 ruling – consent decree can be
challenged

1991 result – limited legality of

challenging consent
decrees
Relevant Supreme Court
Cases
Adarand Constructors v. Pena

1995 court “race-conscious

programs can amount to
unconstitutional reverse
discrimination”
Relevant Supreme Court
Cases
Grutter v Bollinger (2003)

- appeared to support Bakke and reverse discrimination

Gratz v Bollinger (2003)

- colleges and universities cannot use point systems that

blindly give extra credit to minority applicants
 Discrimination

Two ways courts define discrimination:

1. Disparate (adverse) treatment

2. Disparate impact
 Tests for Discrimination

1. 4/5ths or 80% rule

Disparate impact
Compare selection rates

2. Geographical (population)
comparisons
Disparate impact
 Tests for Discrimination

3. McDonnell Douglas Test

Disparate treatment

AQUA: Applied; Qualified;

Unaccepted; Accepted; Other
 Providing a Response

1. BFOQ

2. Business necessity, job relatedness,

validation tests

3. Seniority or merit systems in use

 What should an HR Manager
do?

According to a local labor-law attorney, "put

the organization in a 'posture' such that: 1.)
suit is not brought against the organization;
2.) if suit is brought, the organization can
defend itself"
 What should an HR Manager
do?

 Ensure organizational values are

accepted and adhered to
 Conduct an audit
 Inform employees of policies
 Ensure that HR practices are unbiased
 What should an HR Manager
do?

 Be aware of applicable state and

federal regulations
 Conduct business in good faith

 Consult the Uniform Guidelines on

Employee Selection Procedures