Slide 1. Slide 2. Slide 3. Equal Employment Opportunity: And Affirmative Action. Equal Pay Act Title VII of the Civil Rights Act of 1964

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1 1 Equal Employment Opportunity: And Affirmative Action Chapter Equal Pay Act Prohibits pay discrimination based on gender when employees do substantially the same work. Allows for pay difference when difference is based on: Seniority Merit system Quantity or quality of production Any other factor, other than the employee s gender Chapter Title VII of the Civil Rights Act of 1964 Greatest impact on human resource management Illegal for an employer to discriminate Fifteen or more employees Created the Equal Employment Opportunity Commission (EEOC) Chapter 3 3

2 4 Illegal for an Employer to Discriminate Race Color Sex Religion National origin Chapter Exceptions to Title VII Bona fide occupational qualifications (BFOQs) Religious institutions Seniority and merit systems Union contracts Testing and educational requirements Requirements MUST be job related Chapter Age Discrimination in Employment Act Of 1967 Illegal to discriminate against anyone 40 years or older Administered by EEOC Pertains to employers who have 20 or more employees Age can be BFOQ ex. Airline pilots Chapter 3 6

3 7 Pregnancy Discrimination Act of 1978 Amendment to Title VII of the Civil Rights Act Pregnancy, childbirth, or related medical condition Benefits area also covered Chapter Immigration Reform & Control Act 1986 Increased levels of immigration Created the I-9 form requirement for all newly hired employees Employee has three days to provide proof of right to work in the U.S. Chapter Americans with Disabilities Act Prohibits discrimination against qualified individuals with disabilities Prohibits discrimination in all employment practices Chapter 3 9

4 10 Individual with a Disability A person who has, or is regarded as having, a physical or mental impairment Substantially limits one or more major life activities A record of such an impairment Regarded as having such an impairment Chapter USERRA Uniformed Services Employment and Reemployment Rights Act Employment protection for Reserve and National Guard members A returning military employee is entitled to reemployment in the same job or position he/she would have had if not for military absence No job protection for temporary labor or new employees hired to fill positions vacated by active duty employees Chapter Is This Protected? Pregnant Women Employees over 40 Sexual Orientation Returning Veterans Alcoholism Recovering or in treatment Illegal Immigrants Religious Practices Learning disabilities Obesity Smokers Illegal Drug Use HIV Disease Cancer Body Art Diabetes Mental Disability Drinking on the job Active alcoholism Chapter 3 12

5 13 Executive Order Affirmative Action - Requires employers to take positive steps to ensure employment of applicants and treatment of employees during employment without regard to race, color, sex, religion or national origin Chapter Disparate Treatment & Adverse Impact Disparate treatment Occurs when employees are treated unfairly based on their race, gender, age religion, etc. Adverse Impact Occurs when a seemingly neutral employment practice inadvertently disadvantages a protected group. Chapter Interpretative Guidelines on Sexual Harassment Violation of Title VII of the Civil Rights Act Gender Discrimination Two Types of Sexual Harassment Quid Pro Quo Hostile Environment Chapter 3 15

6 16 EEOC Definition of Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that occur under any of the following situations: 1. When submission to such conduct is made either explicitly or implicitly a term or condition of an individual s employment (Quid Pro Quo) 2. When submission to or rejection of such conduct by an individual is used as basis for employment decisions affecting such individual (Quid Pro Quo) Chapter EEOC Definition of Sexual Harassment (Cont.) 3. When such conduct has the purpose or effect of unreasonably interfering with an individual s work performance or creating an intimidating, hostile, or offensive working environment (Hostile Environment) Chapter Guidelines on Accommodation of Religion Employers have an obligation to accommodate religious practices unless they can demonstrate a resulting hardship. Voluntary substitutes Flexible scheduling Lateral transfers Change in job assignment Chapter 3 18

7 19 Accommodating Religious Practices Voluntary substitutes Flexible scheduling Lateral transfers Change in job assignments Chapter Steps a Discrimination Case filed with the EEOC Charge Filed Attempt at a No-Fault Settlement Investigation by the EEOC Issue a Probable Cause or a No Probable Cause Statement Recommendation Against Litigation Right to Sue Notice Issued to Charging Party Attempt at Conciliation Recommendation Recommendation for Litigation EEOC Initiates Action Chapter 3 20