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Chapter 12 – Understanding Equal Employment Opportunity
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appropriate corrective action.
• Prevention is the best tool for elimination of sexual harassment. The following suggestions
are offered to assist the supervisor in preventing sexual harassment in the workplace:
o Affirmatively raise the subject in employee meetings.
o Express strong disapproval.
o Describe the disciplinary actions that will be taken against employees guilty of
• Supervisors should not be reluctant to take action on sexual harassment claims.
o Normally, the human resources department is available to provide guidance and
assistance on problems of this nature.
IX. Other Areas of Employment Discrimination
A. Religion
• Title VII, as originally enacted, prohibited discrimination based on religion but did
not define the term.
o The 1972 amendments to Title VII added 701( j).
• The EEOC’s 1980 Guidelines on Religious Discrimination proposes the following:
o Arranging the voluntary substitutes with similar qualifications; promoting an
atmosphere where such swaps are regarded favorably; and providing a central
file, bulletin board, or other means of facilitating the matching of voluntary
substitutes.
o Flexible scheduling of arrival and departure times; floating or optional
holidays; flexible work breaks; and using lunch time and other time to make up
hours lost due to the observation of religious practices.
o Lateral transfers or changes in job assignments.
• One significant case concerning religious discrimination is TWA v. Hardison.
o Larry G. Hardison, a TWA employee whose religion required him to observe
his Sabbath on Saturday, was discharged when he refused to work on
Saturdays.
o The Supreme Court upheld the discharge on the following grounds:
▪ The employer had made reasonable efforts to accommodate the religious
needs of the employee
▪ The employer was not required to violate the seniority provisions of the
contract
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▪ The alternative plans of allowing the employee to work a four-day
workweek would have constituted an undue hardship for the employer.
o The Supreme Court’s ruling in this case was that an employer must reasonably
accommodate religious preferences unless it creates an undue hardship for the
employer.
B. Native Americans
• Courts have found Native Americans to be protected by Title VII of the Civil Rights
Act.
o In addition, Title VII benefits Native Americans by exempting them from
coverage by the act, in that preferential treatment can be given to Native
Americans in certain situations.
C. HIV-Positive
• Individuals who are diagnosed as HIV-positive, even if they haven’t developed
symptoms, are considered to be disabled and entitled to the protection of the
Americans with Disabilities Act (ADA).
• In 1998, the U.S. Supreme Court (Bragdon v. Abbott) ruled that HIV is so
immediately physically devastating that it’s an impairment from the moment of
infection.
D. Sexual Orientation
• The EEOC and the courts have uniformly held that Title VII does not prohibit
employment discrimination against homosexuals.
• Courts have also held uniformly that adverse action against individuals who undergo
or announce an intention to undergo sex-change surgery does not violate Title VI.
o Therefore, people who fall in those groups are protected only when a local or
state statute is enacted to protect them.
Solution to the Supervision Dilemma
Affirmative action programs help supervisors understand the major implementation and
achievements of equal employment opportunity goals.
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Supervision Illustrations
12-1: Age Discrimination
12-2: Sexual Orientation Discrimination
12-3: Pregnancy Discrimination and Maternity Leave
12-4: Sexual Harassment
REVIEW QUESTIONS
1. Define the term protected group.
Race, color, sex, age, religion, national origin, and mental and physical handicaps identify
2. What determines which of the antidiscrimination laws affect a particular organization?
3. Describe the following anti-discrimination laws:
a. Title VII of the Civil Rights Act.
b. Title VI of the Civil Rights Act.
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a. Title VII of the Civil Rights Act—this law prohibits discrimination based on race, color,
religion, sex, or national origin in any term, condition, or privilege of employment. [p. 242]
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4. Define the term BFOQ.
5. What is systemic discrimination?
6. What does the term affirmative action mean?
7. Give some suggestions for creating a positive EEO and affirmative action environment.
Managers of today’s organizations must provide positive leadership toward the goal of
equal employment opportunity just as they provide positive leadership in achieving all
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8. What is sexual harassment?
SKILL BUILDING QUESTIONS
1. Discuss the effects of discrimination on organization performance.
2. “The use of tests in hiring results in more objective evaluations of prospective employees.”
Discuss your view on this statement.
3. “The supervisor’s primary objective should be to avoid making mistakes in employment
decisions that can lead to EEO complaints.” Discuss your view on this statement.
4. “Organizations should be allowed to hire anyone they choose.” How do you feel about this
statement? Discuss.
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ADDITIONAL READINGS
SKILL BUILDING APPLICATIONS
Incident 12-1: This Is a Man’s Job
This case describes a typical situation in which a woman is hired in a job traditionally held by a
man.
1. How would you handle the situation? Be specific.
2. Do you feel Angela has been given a fair chance?
actions would cause anyone to want to leave (or go to court).
Incident 12-2: Affirmative Action
This case presents a training situation in which an employee decides to make a presentation on
affirmative action.
1. Do you think that most supervisors understand their role in affirmative action programs?
Explain.
Students’ answers may vary. Most supervisors generally do not understand their roles.
2. If you were Allen, what points would you cover in the presentation? Develop an outline of
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your presentation.
Students’ answers may vary. They may include the following points in their answers:
Incident 12-3: Microsoft Helps—and Hires—Workers with Disabilities
This case emphasizes Microsoft’s policy and tolerance towards hiring disabled employees and
treating them in par with other employees.
1. Microsoft has characterized its assistive technology as “enabling the workplace” rather
than the employee. Do you think that most companies see the workplace as the problem
instead of the disability? Why or why not?
2. Think of some assistive technologies, other than those mentioned here, that could help
people with disabilities perform jobs. Surf the web to find some ideas and prepare a list,
along with the jobs that they could be used for.
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Exercise 12-1: Affirmative Action Debate
Exercise 12-2: Legal Issues in Equal Employment Opportunity
If your class includes people who are new to college, you might try to team them so that at least
Exercise 12-3: How Much Do You Know about Sexual Harassment?
SUPERVISORY ANECDOTES
Being white and male has traditionally conferred automatic advantage. But today, now that
women and racial minorities have joined the competitive pool, the reality is that it has become
harder for a white man to compete for a job. New dilemmas they may encounter include the
following:
1. Many white men resent having others assume they are all racists or sexists and are
7. Many white men say that they are dissuaded from mentoring women because it could be
perceived as sexual harassment.
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A growing number of employers are refusing to hire smokers. However, these employment
policies have prompted a flood of state laws written specifically to protect smokers. By 1993,
some 28 states had enacted legislation to protect smokers. Most of the new laws view hiring bans
on smokers as a form of discrimination. In Norton vs. Caremark Inc., the 8th Circuit held that
employee handbooks and guidelines can be sufficiently definite to create an employment
contract with an at-will employee.
RELATED VIDEOS
1. What’s Wrong with This Picture? Coronet, 36 mins. (1993) Four short, open-ended work
site examples deal with age discrimination, disabilities, etc.
2. Unwelcome Advances, Coronet, 27 mins. (1993). This looks at issues that came to the front
during the Clarence Thomas hearings.
