EQUAL EMPLOYMENT OPPORTUNITY
CHAPTER 3
LEARNING OBJECTIVES
Identify the major government agencies that enforce employment discrimination laws.
Outline key provisions in the Civil Rights Acts of 1964 and 1991 and compare the two theories of unlawful employment discrimination.
Show how women are affected by pay, job assignments, and career issues.
Distinguish between the two types of sexual harassment and explain how employers can prevent such misconduct.
List key elements of disability discrimination laws.
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THE NATURE OF EQUAL EMPLOYMENT OPPORTUNITY
Employment decisions must be made on the basis of job requirements and worker qualifications.
Unlawful discrimination occurs when employment decisions are made based on protected characteristics.
Protected characteristics: Individual attributes such as race, age, sex, disability, or religion that are protected under E E O laws and regulations.
Equal employment opportunity (E E O): Employment that is not affected by illegal discrimination.
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THEORIES OF UNLAWFUL DISCRIMINATION
Disparate treatment: Individuals with particular characteristics that are not job related are treated differently from others.
Overt and intentional
Follows a pattern or practice
Disparate impact: When an employment practice that does not appear discriminatory adversely affects individuals with a particular characteristic.
Individuals are substantially underrepresented as a result of employment decisions that work to their disadvantage
Unintentional because identical criteria are used, but the results can differ for certain groups
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BROAD-BASED DISCRIMINATION LAWS
Civil Rights Act of 1964, Title VII
States that it is illegal for organizations to discriminate in any way based on a person’s sex, race, national origin, color, and/or religion.
Civil Rights Act of 1991
Requires employers to show that an employment practice is job related for the position and is consistent with business necessity.
Executive Orders 11246, 11375, and 11478
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SEX AND GENDER DISCRIMINATION LAWS
The Pregnancy Discrimination Act (P D A)
Treating maternity leave the same as other personal or medical leaves.
Family and Medical Leave Act (F M L A)
Giving up to 12 weeks of unpaid family leave and allowing the individual to return to job.
The Equal Pay Act
Paying similar wage rates for similar work without regard to gender.
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SEXUAL HARASSMENT (1 OF 2)
Quid Pro Quo
Sexual harassment that links employment outcomes to the granting of sexual favors.
Hostile Environment
Sexual harassment occurs when an individual’s work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions.
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SEXUAL HARASSMENT (1 OF 2)
Sexual Harassment Causes and Issues
Preventing Sexual Harassment
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DISABILITY DISCRIMINATION
Rehabilitation Act of 1973
Provided for equal employment opportunity for disabled workers and applicants by federal contractors.
Americans with Disabilities Act (A D A)
Applies to private employers, employment agencies, and labor unions with 15 or more employees
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AGE DISCRIMINATION LAWS
Age Discrimination in Employment (A D E A)
Prohibits discrimination against all individuals age 40 or older employed by an organization having 20 or more workers.
Older Workers Benefit Protection Act (O W B P A)
Amendment to the A D E A.
Protects employees who sign liability waivers for age discrimination in exchange for severance packages.
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IMMIGRATION AND DISCRIMINATION
Immigration Reform and Control Act (I R C A)
Requires that employers verify the employment eligibility status of all employees without any discrimination.
Requires that each employee must complete an Employment Eligibility. Verification (I-9) form within the first three days of employment
E-Verify federal database verifies the employment eligibility of employees.
Has broadened visa requirements to accommodate highly skilled employees.
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THE END
Questions.
Comments.
Concerns.
Proceed to and complete assignments related Chapter 3.
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