Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Chapter 2: Equal Opportunity and the Law 2-10
Copyright ©2017 Pearson Education, Inc.
2-1: What important precedents were set by the Griggs v. Duke Power Company case?
The Albemarle Paper Co. v. Moody?
This item can be assigned as a Discussion Question in MyManagementLab. Student
2-2: Explain each of the four examples of a bona fide occupational qualification.
This item can be assigned as a Discussion Question in MyManagementLab. Student
2-3: What is sexual harassment? How can an employee prove sexual harassment?
Sexual harassment is harassment on the basis of sex that has the purpose or effect of
substantially interfering with a person’s work performance or creating an intimidating,
hostile, or offensive work environment. An employee can prove sexual harassment in three
2-4: What is the difference between disparate treatment and disparate impact?
The main difference is one of intent. Disparate treatment means that there was an intent to
Individual and Group Activities:
2-5: Working individually or in groups, respond to these three scenarios based on what you
learned in Chapter 2. Under what conditions (if any) do you think the following
constitute sexual harassment? (a) A female manager fires a male employee because he
refuses her request for sexual favors. (b) A male manager refers to female employees as
“sweetie” or “baby.” (c) A female employee overhears two male employees exchanging
sexually oriented jokes.
In answering the questions, the students should keep in mind the three main ways sexual
harassment can be proved, as well as the steps the employee should take in alerting
2-6: Working individually or in groups, discuss how you would set up an affirmative action
program.
It is important that students reach a decision of whether to use the good faith effort strategy
or the quota strategy. Most experts would suggest the good faith effort strategy is the most
Chapter 2: Equal Opportunity and the Law 2-11
Copyright ©2017 Pearson Education, Inc.
legally acceptable approach. The following list of six actions should be demonstrated in the
2-7: Compare and contrast the issues presented in Bakke with more recent court rulings on
affirmative action. Working individually or in groups, discuss the current direction of
affirmative action.
The basic questions addressed in Bakke focused on when preferential treatment becomes
discrimination and under what circumstances discrimination will be temporarily permitted.
Neither question was fully answered. Subsequent cases have continued to address these
2-8: Working individually or in groups, write a one-page paper entitled “What the
Manager Should Know About How the EEOC Handles a Person’s Discrimination
Charge.”
The students should include the following information in their paper. The EEOC can either
accept the charge or refer it to the state or local agency. After it has been filed, the EEOC
has 10 days to serve notice on the employer, and then investigate the charge to determine
whether there is reasonable cause to believe it is true within 120 days. If charges are
dismissed, the EEOC must issue the charging party a Notice of Right to Sue. The person
2-9: Explain the difference between affirmative action and equal employment opportunity?
Equal employment opportunity aims to ensure that anyone, regardless of race, color, sex,
religion, national origin, or age has an equal chance for a job based on his or her
qualifications. Affirmative action requires the employer to make an extra effort to hire and
2-10: Assume you are the manager in a small restaurant; you are responsible for hiring
employees, supervising them, and recommending them for promotion. Working
Chapter 2: Equal Opportunity and the Law 2-12
Copyright ©2017 Pearson Education, Inc.
individually or in groups, compile a list of potentially discriminatory management
practices you should avoid.
Acceptable answers include the following:
Ensure that recruitment practices are non-discriminatory, and avoid word-of-mouth
dissemination of information about job opportunities when the workforce is substantially
Avoid asking pre-employment questions about an applicant’s race, color, religion, sex, or
Do not deny a job to a disabled individual if the person is qualified and able to perform the
essential functions of the job. Make reasonable accommodations for candidates that are
Apply tests and performance standards uniformly to all employees and job candidates.
Do not give preference to relatives of current employees if your current employees are
Do not establish requirements for physical characteristics unless you can show they are job
related.
Do not make pre-employment inquiries about a person’s disability, but do ask questions
Review job application forms, interview procedures, and job descriptions for illegal
questions and statements. Check for questions about health, disabilities, medical histories, or
Do not ask applicants whether they have ever been arrested or spent time in jail. However,
you can ask about conviction records.
2-11: Appendix A and B at the end of this book list the knowledge someone studying for the
HRCI (Appendix A) or SHRM (Appendix B) certification exam needs to have in each
area of human resources management (such as in Strategic Management and Work-
force Planning). In groups of several students, do four things: (1) review Appendix A
and/or B; (2) identify the material in this chapter that relates to the Appendix A
and/or B required knowledge lists; (3) write four multiple choice exam questions on
this material that you believe would be suitable for inclusion in the HRCI exam
Chapter 2: Equal Opportunity and the Law 2-13
Copyright ©2017 Pearson Education, Inc.
and/or the SHRM exam; and (4) if time permits, have someone from your team post
your team's questions in front of the class, so that students in all teams can answer the
exam questions created by the other teams.
Experiential Exercise: “Space Cadet” or Victim?
Purpose: The purpose of this exercise is to provide practice in analyzing and applying
knowledge of equal opportunity legislation to a real problem.
Required Understanding: Be thoroughly familiar with the material presented in this chapter. In
addition, read the preceding “space cadet” case on which this experiential exercise is based.
How to Set Up the Exercise/Instructions:
● Divide the class into groups.
● Each group should develop answers to the following questions:
2-12: Based on what you read in this chapter, on what legal basis could the 61-year-old
California attorney claim he was a victim of discrimination?
2-13: On what laws and legal concepts did the employer apparently base its termination of this
61-year-old attorney?
2-14: Based on what laws or legal concepts could you take the position that it is legal to fire
someone for poor performance even though there may be a discriminatory aspect to the
termination? (This is not to say that there necessarily was such a discriminatory aspect
with this case.)
2-15: If you were the judge called on to make a decision on this case, what would your decision
be, and why?
The court’s decision follows, so please do not read this until you’ve completed the exercise. In
this case, the California State Appeals court held that “the only reasonable inference that can be
drawn from the evidence is that [plaintiff] was terminated because he failed to competently
perform his job of providing thorough, accurate, and courteous legal advice to hotline callers.”
Application Case: An Accusation of Sexual Harassment in Pro Sports
2-16: Do you think Ms. Browne Sanders had the basis for a sexual harassment suit? Why?
It does appear that Ms. Browne Sanders had the basis for a sexual harassment suit. The
timing of her termination should raise serious concerns because Madison Square Garden
Chapter 2: Equal Opportunity and the Law 2-14
Copyright ©2017 Pearson Education, Inc.
professional responsibilities” seems vague and generalized. The Garden also did not
2-17: From what you know of this case, do you think the jury arrived at the correct
decision? If not, why not? If so, why?
The jury did arrive at the appropriate decision given the facts that were presented in this
case. The Garden had a responsibility to demonstrate concrete reasons for their
2-18: Based on the few facts that you have, what steps could Garden management have
taken to protect the organization from liability in this matter?
A number of steps could be taken. First, the Garden should have conducted a thorough
investigation and documented the results in a written report. Second, the Garden supplied
a very generalized response for the termination. Before terminating an employee for
2-19: Aside from the appeal, what would you do now if you were the Garden’s top
management?
Student answers will vary but look for answers that incorporate concepts from the chapter
2-20: “The allegations against Madison Square Garden in this case raise ethical questions
with regard to employer’s actions.” Explain whether you agree or disagree with this
statement, and why.
Opinions will vary but make sure students understand the bigger issues.
Continuing Case: Carter Cleaning Company – A Question of Discrimination
2-21: Is it true, as Jack Carter claims, that “virtually all of our workers are women or
minorities anyway, so no one can come in here and accuse us of being
discriminatory”?
This is not true at all. Employers can be accused of discriminatory practices at any time.
In this case, female applicants were being asked questions about childcare that males were
Chapter 2: Equal Opportunity and the Law 2-15
Copyright ©2017 Pearson Education, Inc.
towards women by a store manager and an older employee’s complaint that he is paid less
than younger employees for performing the same job all raise serious issues in terms of
2-22: How should Jennifer and her company address the sexual harassment charges and
problems?
The first step would be to document the complaint and initiate an investigation. If the
investigation finds that sexual harassment occurred, then take the appropriate corrective
2-23: How should she and her company address the possible problems of age
discrimination?
The company should review the compensation structure and pay rates to determine
whether there is discrimination in their pay system with regard to older workers being paid
2-24: Given the fact that each of its stores has only a handful of employees, is her company
in fact covered by equal rights legislation?
Yes – the EEOC enforces equal employment compliance against all but the very smallest
of employers. All employees including part-time and temporary workers are counted for
2-25: And finally, aside from the specific problems, what other personnel management
matters (application forms, training, and so on) have to be reviewed given the need to
bring them into compliance with equal rights laws?
The company should do several things:
1. Develop an employee handbook that contains policy statements about equal
employment opportunity, sexual harassment, and other issues.
2. Develop an employment application that is free from discriminatory questions, as
Chapter 2: Equal Opportunity and the Law 2-16
Copyright ©2017 Pearson Education, Inc.
4. Develop and implement a complaint procedure and establish a management
response system that includes an immediate reaction and investigation by senior
My Management Lab
Students can find the following assisted-graded writing questions at mymanagementlab.com.
Answers to these questions are graded against rubrics in the MyLab.
2-26: Explain the main features of Title VII, the Equal Pay Act, the Pregnancy Discrimination
2-27: What are the two main defenses you can use in the event of a discriminatory practice
Key Terms:
Title VII of the 1964 Civil Rights Act – The section of the act that says an employer cannot
discriminate on the basis of race, religion, sex, or national origin with respect to employment.
Equal Employment Opportunity Commission (EEOC) – The commission, created by Title
VII, empowered to investigate job discrimination complaints and sue on behalf of complainants.
Affirmative Action – Steps that are taken for the purpose of eliminating the present effects of
past discrimination.
Office of Federal Contract Compliance Programs (OFCCP) – This office is responsible for
implementing the executive orders and ensuring compliance of federal contractors.
Equal Pay Act of 1963 – The act requiring equal pay for equal work, regardless of sex.
Age Discrimination in Employment Act of 1967 (ADEA) – The act prohibiting arbitrary age
discrimination and specifically protecting individuals over 40 years old.
Vocational Rehabilitation Act of 1973 – The act requiring certain federal contractors to take
affirmative action for disabled persons.
Pregnancy Discrimination Act – An amendment to Title VII of the Civil Rights Act that
prohibits sex discrimination based on "pregnancy, childbirth, or related medical conditions."
Uniform Guidelines – Guidelines issued by federal agencies charged with ensuring compliance
with equal employment federal legislation explaining recommended employer procedures in
detail.
Chapter 2: Equal Opportunity and the Law 2-17
Copyright ©2017 Pearson Education, Inc.
Protected Class – Persons, such as minorities and women protected by equal opportunity laws,
including Title VII.
Civil Rights Act of 1991 (CRA 1991) – The act that places the burden of proof back on
employers and permits compensatory and punitive damages.
“Mixed Motive” Case – A discrimination allegation case in which the employer argues that the
employment action taken was motivated not by discrimination, but by some non-discriminatory
reason such as ineffective performance.
Americans with Disabilities Act (ADA) – The act requiring employers to make reasonable
accommodation for disabled employees; it prohibits discrimination against disabled persons.
Qualified Individuals – Under ADA, those who can carry out the essential functions of the job.
Sexual Harassment – Harassment on the basis of sex that has the purpose or effect of
substantially interfering with a person's work performance or creating an intimidating, hostile, or
offensive work environment.
Federal Violence Against Women Act of 1994 – The act provides that a person who commits a
crime of violence motivated by gender shall be liable to the party injured.
Adverse Impact – The overall impact of employer practices that result in significantly higher
percentages of members of minorities and other protected groups being rejected for employment,
placement, or promotion.
Disparate Rejection Rates – A test for adverse impact in which it can be demonstrated that
there is a discrepancy between rates of rejection of members of a protected group and of others.
4/5ths Rule – Federal agency rule that a minority selection rate less than 80% (4/5ths) of that for
the group with the highest rate is evidence of adverse impact.
Restricted Policy – Another test for adverse impact, involving demonstration that an employer's
hiring practices exclude a protected group, whether intentionally or not.
Bona Fide Occupational Qualification (BFOQ) – Requirements that an employee be of a
certain religion, sex, or national origin where that is reasonably necessary to the organization's
normal operation. Specified by the 1964 Civil Rights Act.
Alternative Dispute Resolution or ADR Program – Grievance procedure that provides for
binding arbitration as the last step.
Diversity – The variety or multiplicity of demographic features that characterize a company’s
workforce, particularly in terms of race, sex, culture, national origin, handicap, age, and religion.
Chapter 2: Equal Opportunity and the Law 2-18
Copyright ©2017 Pearson Education, Inc.
Sterotyping – Ascribing specific behavioral traits to individuals based on their apparent
membership in a group.
Discrimination – Taking specific actions toward or against a person based on the person’s
group.
Tokenism – When a company appoints a small group of women or minorities to high profile
positions, rather than more aggressively seeking full representation for that group.
Ethnocentrism – A tendency to view members of other social groups less favorable than
members of one's own group.
Gender-Role Stereotypes – The tendency to associate women with certain (frequently non-
managerial) jobs.
Managing Diversity – Maximizing diversity’s potential benefits while minimizing its potential
barriers.
Good Faith Effort Strategy – An affirmative action strategy that emphasizes identifying and
eliminating the obstacles to hiring and promoting women and minorities, and increasing the
minority or female applicant flow.
Reverse Discrimination – Claim that, due to affirmative action quota systems, white males are
discriminated against.
