Presentation Transcript

Equal Employment Opportunity Legal Aspects of Human Resource Management

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Equal Employment Opportunity Legal Aspects of Human Resource Management

Introduction (1 of 2) :

Introduction (1 of 2) 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

Introduction (2 of 2) :

Introduction (2 of 2) 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

How Did EEO Emerge? :

How Did EEO Emerge? Three main factors that led to the development of EEO: Changes in
societal values The economic status of women and minorities The emerging role of government
regulation

Civil Rights Act :

Civil Rights Act Prohibits discrimination against employees on the basis of: race color religion
sex national origin Prohibits discrimination with regard to any employment condition

Disparate Treatment :

Disparate Treatment Intentional discrimination Employers apply different standards or treatment

to different groups of employees or applicants based upon a protected category Plaintiff must
first establish a prima facie case proving disparate treatment

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

Retaliation :

Retaliation 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

Sexual Harassment :

Sexual Harassment Considered a form of sex discrimination under the Civil Rights Act 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

Pregnancy Discrimination Act :

Pregnancy Discrimination Act 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

Civil Rights Act :

Civil Rights Act Allows plaintiffs to seek compensatory and punitive damages for intentional
discrimination Allows plaintiffs to demand jury trial for intentional discrimination claims

Equal Pay Act :

Equal Pay Act 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

Age Discrimination in Employment :

Age Discrimination in Employment 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
Disabilities Act :

Disabilities Act 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

Affirmative Action in Organizations :

Affirmative Action in Organizations Actions appropriate to overcome the effects of past or

present practices, policies, or other barriers to equal employment opportunity Two types of
affirmative action plans: voluntary involuntary

Summary :

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