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Human Resource

Management
MBA (I) 2nd & BBA-IT 6th
Equal Employment Opportunity & Legal
Environment
Lectures 4,5,6
Course Lecturer: Farhan Mir
Farhan Mir
2011

IMS

Introduction
Equal employment opportunity
(EEO) has implications for almost
every activity in HRM
HR officials and managers in every
function of the organization are
involved

EEO programs are implemented


to:
Prevent employment discrimination
in the workplace
Take remedial action to offset
employment discrimination

Farhan Mir
2007
2011

IMS

Introduction
Equal Employment Opportunity
An attempt to ensure that all individuals have an equal
opportunity for employment, regardless of race, color,
religion, sex, age, disability or national origin
US governments have used constitutional
amendments, legislation and executive orders to
ensure this concepts positively adopted and practiced
in businesses

Farhan Mir
2007
2011

IMS

Introduction
Top managers must get
involved in EEO issues
and programs
Operating managers
must assist
Attitude changes about
protected-category
employees
Help all employees adjust
to changes EEO brings to
the workplace

Farhan Mir
2007
2011

IMS

How Did EEO Emerge?


Three main factors that led to the
development of EEO:
1. Changes in societal values

2. The economic status of women and

minorities
3. The emerging role of government

regulation
Farhan Mir
2007
2011

IMS

Problems at Boeing
Boeing
Introduction
Boeing is the world's leading aerospace company
and the largest manufacturer of commercial jetliners
and military aircraft combined
customers in 145 countries around the world
Famous for its 737 and 747 aircrafts
Boeing has a long tradition of aerospace leadership
and innovation
Headquartered in Chicago, Illinois, U.S.A., Boeing
employs more than 155,000 people in some 67
countries
Farhan Mir
2007
2011

IMS

Farhan Mir
2007
2011

IMS

Farhan Mir
2007
2011

IMS

Farhan Mir
2007
2011

IMS

Problem at Boeing
The Problem
Although facing stiffer competition from outside by companies
like Airbus but at this moment we are discussing Internal
Problem based on ethics
Boeing has faced many discrimination complaints
For Example: 38 females engineers filed a discrimination case
against company in year 2000
The case suggested that woman were paid less as compared
to men especially at start of their jobs
Business Week investigated into the matter and found that
this differences in pay was not a new phenomenon rather
was evident in past
Salary Analysis in 1999 showed that Boeing needed to
allocated $30 million to eliminate gender-based pay
differences but rather allocated $10 million only
The Lawsuit (case) was based on 28000 potential plaintiffs
and liability of $1 Billion
Boeing people themselves believe that something generally
not right about the way they are doing it
Farhan Mir
2007
2011

IMS

What is Discrimination?
In general terms, discrimination is any practice
that makes distinctions between individuals or
groups that disadvantage some and advantage
others.
Different treatment of others based solely on their
membership in a socially distinct group or
category, such as race, ethnicity, sex, religion,
age, or disability

Farhan Mir
2007
2011

IMS

What is Discrimination?

Farhan Mir
2007
2011

IMS

Common Examples of
Discrimination

Farhan Mir
2007
2011

IMS

Discrimination and the Courts


Plaintiff (Employee)
Must establish a prima facie case
Plaintiff must present evidence which makes
the employers actions appear discriminatory

Defendant (Employer)
Must present a rebuttal to prima facie case
Defendant must present evidence that
justifies the fairness of its actions

Farhan Mir
2007
2011

IMS

Equal Employment Opportunity


Laws in US
Title VII of the 1964 Civil Rights Act
Pregnancy Discrimination Act of 1978
Civil Rights Act of 1991
Equal Pay Act of 1963
Age Discrimination in Employment Act of
1967 (ADEA)
Americans with Disabilities Act of 1990
(ADA)
Farhan Mir
2007
2011

IMS

Title VII of the Civil Rights Act of


1964
Prohibits discrimination against employees
on the basis of (protected categories):
race
color
religion
sex
national origin

Prohibits discrimination with regard to any


employment condition
Farhan Mir
2007
2011

IMS

Title VII of the Civil Rights Act of


1964 (continued)
Covered entities include:
Private employers with 15 or more employees
Labor organizations with 15 or more members
Employment agencies
Federal, state, and local government employers

Exempt entities include:


Private membership clubs
Native American tribes

Farhan Mir
2007
2011

IMS

Discrimination

Disparate
Treatment

Disparate
Impact

Bona Fide
Occupational
Qualification
(BFOQ)

Four-fifths
Rule

Retaliation

Farhan Mir
2007
2011

IMS

Disparate Treatment
Intentional discrimination
Employers apply different standards or
treatment to different groups of employees
or applicants based upon a protected
category

Farhan Mir
2007
2011

IMS

Disparate Impact
Unintentional discrimination
Occurs when a racially neutral employment
practice has the effect of disproportionately
excluding a group based upon a protected
category

Farhan Mir
2007
2011

IMS

Four-Fifths Rule
Used to evaluate whether disparate impact
exists
Discrimination typically occurs if the
selection rate for one group is less than 80
percent (4/5) of the selection rate for
another group

Farhan Mir
2007
2011

IMS

Bona Fide Occupational


Qualification (BFOQ) (1 of 2)
Title VII states that organizations may hire
employees:
based upon religion, sex, or national origin
must be reasonably necessary to the normal
operation of the particular business or
enterprise

Farhan Mir
2007
2011

IMS

Retaliation
Federal EEO laws prohibit retaliation
against employees who:
oppose discriminatory practices, or
participate in a protected investigation,
proceeding, or hearing

Retaliation includes:
termination
denial of promotion or job benefits
demotion, suspension, or threats
Farhan Mir
2007
2011

IMS

Sexual Harassment
Considered a form of sex discrimination under Title VII of
the Civil Rights Act of 1964
is actionable when it occurs between same as well as opposite
sex individuals

Forms of sexual harassment:


Quid pro quo exchange of sexual favors for job benefits
Hostile work environment creation of an offensive working
environment

Famous example of FBI (supposedly male dominant


department: a certain image of it)
Females have reported cases of sexual harassment and therefore
are often retaliated
Farhan Mir
2007
2011

IMS

Pregnancy Discrimination Act of


1978
Amended Title VII to protect pregnant women
from employment discrimination
Prohibits employers from discrimination in
providing employee benefits such as:
vacation time
sick leave
health insurance

Pregnancy to be treated on same basis as any


other medical problem or disability

Farhan Mir
2007
2011

IMS

Civil Rights Act of 1991


Amends Title VII
Allows plaintiffs to seek compensatory and
punitive damages for intentional
discrimination
Allows plaintiffs to demand jury trial for
intentional discrimination claims

Farhan Mir
2007
2011

IMS

Civil Rights Act of 1991


Prohibits adjusting test scores or using
different cutoff scores on the basis of a
protected category
Extends the coverage of Title VII and the
Americans with Disabilities Act to U.S.
citizens employed by covered entities
operating in foreign countries

Farhan Mir
2007
2011

IMS

Equal Pay Act of 1963


Established the concept of equal pay for
equal work
Prohibits wage differentials based on
gender between men and women
performing the same work in organizations

Farhan Mir
2007
2011

IMS

Age Discrimination in
Employment Act of 1967 (ADEA)
Protects individuals 40 years of age and
older from employment discrimination
based upon their age
The act covers the actions of:
private employers with 20 or more employees
employment agencies
labor organizations with at least 25 members
federal, state, and local governments
Farhan Mir
2007
2011

IMS

Americans with Disabilities Act of


1990 (ADA)
Prohibits discrimination against qualified
individuals with disabilities on the basis of those
disabilities in all aspects of employment
private employers with 15 or more employees
state and local government employers
U.S. Congress

Federal government employers and contractors


are covered under the Rehabilitation Act of 1973

Farhan Mir
2007
2011

IMS

Americans with Disabilities Act of


1990 (ADA)
Employers must make reasonable
accommodations for the known disabilities
of a qualified individual with a disability

Qualified individual with a disability:


can perform the essential functions of a job
with or without reasonable accommodation

Farhan Mir
2007
2011

IMS

What Is a Disability?
The Americans With Disabilities Act
defines a disability as:
A physical or mental impairment that
substantially limits one or more of the
major life activities.
A record of such impairment.
Being regarded as having
such an impairment.

Farhan Mir
2007
2011

IMS

Americans with Disabilities Act of


1990 (ADA)
Employers are not required to
make disability accommodations if
doing so would create undue
hardship for the organization

Farhan Mir
2007
2011

IMS

Examples of Reasonable
Accommodations under the ADA

Farhan Mir
2007
2011

IMS

Enforcing the Law


Equal Employment Opportunity
Commission (EEOC)
Title VII

Office of Federal Contract Compliance


Programs (OFCCP)
Executive Order 11246

The Courts
interpret the laws governing EEO
Farhan Mir
2007
2011

IMS

Summary
EEO programs are designed to eliminate
bias in HRM programs
The role of EEO and the law as a
significant force in shaping HRM policies
and programs is an accepted fact in
society
The law, executive orders, and court
interpretations will continue to influence
every phase of HRM programs and
activities
Farhan Mir
2007
2011

IMS

Affirmative Action in
Organizations
Actions appropriate to overcome the
effects of past or present practices,
policies, or other barriers to equal
employment opportunity
The idea is to make sure that organization
voluntarily establish goals and takes action
to hire and move minorities and women
upward in the organization
Farhan Mir
2007
2011

IMS

Summary
EEO programs are designed to eliminate
bias in HRM programs
The role of EEO and the law as a
significant force in shaping HRM policies
and programs is an accepted fact in
society
The law, executive orders, and court
interpretations will continue to influence
every phase of HRM programs and
activities
Farhan Mir
2007
2011

IMS

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