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CHAPTER 3
EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION, AND
WORKFORCE DIVERSITY
CHAPTER OBJECTIVES
3.1 Explain the concept of equal employment opportunity (EEO) and identify the
federal laws affecting EEO
3.2 Discuss who is responsible for ensuring equal employment opportunity
3.3 Define the types of illegal employment discrimination and discuss affirmative
action
3.4 Explain the Uniform Guidelines related to various types of illegal employment
discrimination, including sexual harassment, national origin, religion, and
caregiver (family responsibility) discrimination
3.5 Describe the concept of diversity and diversity management
3.6 Explain the various elements of a diverse workforce
KEY TERMS
Equal Employment Opportunity (EEO): The set of laws and policies that requires all
individuals’ rights to equal opportunity in the workplace, regardless of race, color, sex,
religion, national origin, age, or disability.
Disparate treatment: Employer treats some people less favorably than others because of
race, religion, sex, national origin, or age.
Adverse impact: Takes place when an employment decision, practice or policy has a
disproportionately negative effect on a protected group. Oftentimes, it may be thought of
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Affirmative action program (AAP): Approach developed by organizations with
government contracts to demonstrate that workers are employed in proportion to their
representation in the firm’s relevant labor market.
Caregiver (family responsibility) discrimination: Discrimination against employees
based on their obligations to care for family members.
Diversity management: Ensuring that factors are in place to provide for and encourage
the continued development of a diverse workforce by melding these actual and perceived
differences among workers to achieve maximum productivity.
Glass ceiling: Invisible barrier in organizations that prevents many women and
minorities from career advancement.
Dual-career family: A situation in which both spouses or partners have jobs and family
responsibilities.
Baby boomers: People born just after World War II through the mid-1960s.
Generation X: Label affixed to the approximately 41 million U.S. workers born between
the mid-1960s and late 1970s.
Generation Y: Comprises people born between the late 1970s and mid-1990s.
Generation Z or Digital Natives: Internet-assimilated children born between 1995 and
2009.
LECTURE OUTLINE
EQUAL EMPLOYMENT OPPORTUNITY and the FEDERAL LAWS
AFFECTING EEO
The concept of equal employment opportunity has undergone much modification and
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occupational qualifications, bona fide seniority and merit systems, and testing and
educational requirements.
● EQUAL PAY ACT OF 1963, AMENDED IN 1972—Prohibits an employer
from paying women less money than men if both employees do work that is
substantially the same. There are four exceptions that permit unequal pay for
equal work: seniority systems, merit systems, systems that measure earnings by
quality of production, any other factor other than sex.
● LILLY LEDBETTER FAIR PAY ACT OF 2009—In order to reverse the
Ledbetter Supreme Court decision, the Lilly Ledbetter Fair Pay Act was passed in
2009. The Fair Pay Act amends Title VII of the Civil Rights Act of 1964 by
effectively overturning a portion of the Supreme Court’s decision in Ledbetter v
Goodyear Tire and Rubber Company, Inc., and thereby modifying the manner in
which the time limits are calculated for filing claims of compensation
1964. Disparate impact occurs when certain actions in the employment
process work to the disadvantage of members of protected groups.
● To respond to decisions of the Supreme Court by expanding the scope of
relevant civil rights statutes in order to provide adequate protection to
victims of discrimination.
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● AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967—AMENDED
IN 1978, 1986, and 1990—Prohibits discrimination against anyone who is age
forty and older.
● AGE CAN ACTUALLY BE A BONA FIDE OCCUPATIONAL
QUALIFICATION—Age can actually be a bona fide occupational qualification
where it is reasonably necessary to the essence of the business, and the employer
has a rational or factual basis for believing that all, or substantially all, people
within the age class would not be able to perform satisfactorily.
● VIETNAM ERA VETERANS’ READJUSTMENT ASSISTANCE ACT OF
1974, AS AMENDED—Now the definition of “protected” or “covered” veteran
has been expanded to include those who have served in a campaign or expedition
for which a campaign badge was issued. This includes campaigns such as the
current engagements in the Middle East.
● AMERICANS WITH DISABILITIES ACT OF 1990—Prohibits
discrimination against qualified individuals with disabilities. This includes all
employment practices, including job application procedures, hiring, firing,
advancement, compensation, training, and other terms, conditions, and privileges
of employment.
● AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT OF
2008—The ADA Amendments Act expands the definition of “disability” and
many more applicants and employees are eligible for reasonable accommodations.
The ADAAA broadened the ADA’s definition of disability by expanding the term
“major life activities,” doing away with the “substantially limited” requirement
(previously mentioned) for those regarded as having a disability, and overturning
two U.S. Supreme Court decisions that interpreted the ADA’s definition of
disability narrowly.
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● IMMIGRATION REFORM AND CONTROL ACT OF 1986—Makes it
illegal for certain employers to fire or refuse to hire a person on the basis of that
person’s national origin or citizenship.
● STATE AND LOCAL LAWS—When EEOC regulations conflict with state or
local civil rights regulations, the legislation more favorable to women and
minorities applies.
WHO’S RESPONSIBLE FOR ENSURING EQUAL EMPLOYMENT
OPPORTUNITY?
The main groups that establish and support EEO include the government and employers.
● EQUAL EMPLOYMENT OPPORTUNITY COMMISSION—Created by
Title VII, the EEOC enforces most of the above mentioned laws. Charges may be
filed by the EEOC or any aggrieved person, or a person acting on behalf of an
aggrieved person. Charges must be filed within 180 days of the alleged act, but
there are exceptions.
ILLEGAL DISCRIMINATION AND AFFIRMATIVE ACTION
Employers should have a basic idea on how the law defines illegal discrimination.
● UNIFORM GUIDELINES ON EMPLOYEE SELECTION
PROCEDURES—The Uniform Guidelines provide a single set of principles that
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were designed to assist employers, labor organizations, employment agencies, and
licensing and certification boards in complying with federal prohibitions against
employment practices that discriminate on the basis of race, color, religion,
gender, and national origin.
● TYPES OF UNLAWFUL EMPLOYMENT DISCRIMINATION
● ADVERSE IMPACT—Concept established by the Uniform Guidelines
occurs if women and minorities are not hired at the rate of at least 80
percent of the best-achieving group.
11246.
● An affirmative action program is an approach that an organization with
government contracts develops to demonstrate that workers are employed in
proportion to their representation in the firm’s relevant labor market. An
acceptable AAP must include an analysis of deficiencies in the utilization of
minority groups and women. The first step in conducting a utilization analysis is
UNIFORM GUIDELINES ON PREVENTING SPECIFIC ILLEGAL
EMPLOYMENT DISCRIMINATION
Since the Uniform Guidelines were published in 1978, they have been modified several
times. Some of these changes reflect Supreme Court decisions; others clarify
implementation procedures. The five major changes discussed are the Guidelines on
Sexual Harassment, Guidelines on Discrimination because of National Origin, Guidelines
on Discrimination because of Religion, and Guidelines on Caregiver (Family
reach the U.S. Supreme Court. The Court recognized for the first
time that Title VII could be used for offensive environment claims.
▪ Harris v Forklift Systems, Inc.: Expanded the hostile workplace
concept and made it easier to win sexual harassment claims.
▪ Oncale v Sundowner Offshore Services: Supreme Court held that
same-sex sexual harassment may be unlawful under Title VII.
● GUIDELINES ON DISCRIMINATION BECAUSE OF RELIGION—
Employers have an obligation to accommodate religious practices unless they can
demonstrate a resulting hardship.
● GUIDELINES ON CAREGIVER (FAMILY RESPONSIBILITY)
DISCRIMINATION—Caregiver (family responsibility) discrimination is
discrimination against employees based on their obligations to care for family
members. Recently, the EEOC issued a technical assistance document on how
information about applicant's’ disabilities before a conditional job offer.
DIVERSITY AND DIVERSITY MANAGEMENT
Sexual harassment was discussed in this chapter only as it pertained to the United States
but it is also a global problem. When individuals from two different cultures interact,
there is a potential for sexual harassment problems. Some behaviors that violate U.S.
actual and perceived differences among workers to achieve maximum
productivity.
ELEMENTS OF THE DIVERSE WORKFORCE
● SINGLE PARENTS AND WORKING MOTHERS—Number of
nontraditional, single-parent households in the United States is growing.
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● DUAL-CAREER FAMILIES—Situation in which both spouses or partners have
jobs and family responsibilities. Today, employees have turned down relocations
because of spouses’ or partners’ jobs and concerns about their children. Of the top
three reasons employees turn down assignments, family or spouse/partner career
is cited almost twice as often as concern with the employee’s career or
compensation.
or kind of work a person can do or makes achievement unusually difficult.
Approximately 20 percent of the labor force possesses one or more disabilities.
● IMMIGRANTS—Large numbers of immigrants have settled in many parts of the
United States. It is estimated that 26.3 million foreign-born individuals are in the
U.S. workforce, representing 24.1 percent of the total workforce.
● BABY BOOMERS, GEN X, GEN Y, AND GEN Z—Never in American history
have so many different generations with such different views and attitudes been
asked to work together. There have been tremendous changes since the Boomers
first entered the workforce. Baby boomers were born just after World War II
through the mid-1960s. Generation X is the label affixed to the approximately 41
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million American workers born between the mid-1960s and late 1970s.
Generation Y comprises people born between the late 1970s and late 1990s.
Generation Z or Digital Natives were born between 1995 and 2009.
● MULTIGENERATIONAL DIVERSITY—Four generations are now
participating in the workforce with each having its defining characteristics and
nicknames. The concept of generational differences as a legitimate workplace
diversity issue has gained increasing recognition.
● LESBIAN, GAY, BISEXUAL, AND TRANSGENDER EMPLOYEES—There
has been an increased focus in the political and workforce arena with regard to
lesbian, gay, bisexual, and transgender (LGBT) employees. Polls show the public
tends to support equal rights for gay people with the exception of the right to
marry.
ANSWERS TO CHAPTER 3 QUESTIONS FOR REVIEW
3-1. What are the components that combine to make up the present diverse workforce?
Briefly describe each.
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● Young persons, some with limited education or skills: A lower labor force
participation rate for young people is being experienced for all young people less
than 24 years of age and not merely young persons with limited education and
skills as was so often the case in the past.
● Baby boomers, Gen X, Gen Y, and Gen Z: Baby boomers were born just after
World War II through the mid-1960s. Generation X is the label affixed to the
approximately 41 million American workers born between the mid-1960s and late
1970s. Generation Y comprises people born between the late 1970s and late
1990s. Generation Z or Digital Natives were born between 1995 and 2009.
● Lesbian, gay, bisexual, and transgender employees: There has been an
increased focus in the political and workforce arena with regard to lesbian, gay,
bisexual, and transgender (LGBT) employees.
3-2. Briefly describe the following laws:
a. Civil Rights Act of 1866
b. Equal Pay Act of 1963
c. Lilly Ledbetter Fair Pay Act of 2009
d. Title VII of the Civil Rights Act of 1964, as amended in 1972
● Civil Rights Act of 1866: Oldest federal legislation affecting staffing is the Civil
Rights Act of 1866, which is based on the Thirteenth Amendment to the U.S.
Constitution. Specifically, this act provides that all citizens have the same right,
“as enjoyed by white citizens . . . to inherit, purchase, . . . hold, and convey . . .
property, [and that] all persons . . . shall have the same right to make and enforce
modifying the manner in which the time limits are calculated for filing claims of
compensation discrimination with the EEOC. The law creates a rolling or open
time frame for filing wage discrimination claims.
● Title VII of the Civil Rights Act of 1964, as Amended in 1972: Prohibits
discrimination based on race, color, sex, religion, or national origin.
1. To provide appropriate remedies for intentional discrimination and
unlawful harassment in the workplace.
2. To codify the concepts of business necessity and job related pronounced
by the Supreme Court in Griggs v Duke Power Company.
3. To conform statutory authority and provide statutory guidelines for the
adjudication of disparate impacts under Title VII of the Civil Rights Act of
1964.
4. To respond to recent decisions of the Supreme Court by expanding the
scope of relevant civil rights statutes in order to provide adequate
protection to victims of discrimination.
Age Discrimination in Employment Act of 1967, as Amended in 1978 and 1986:
Prohibits employers from discriminating against individuals who are age 40 and older.
● Americans with Disabilities Act Amendments Act of 2008: The ADAAA
broadened the ADA’s definition of disability by expanding the term, “major life
activities,” doing away with the, “substantially limited” requirement (previously
mentioned) for those regarded as having a disability, and overturning two U.S.
Supreme Court decisions that interpreted the ADA's definition of disability
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those workers are entitled to return to their civilian employment after completing
their military service.
● Vietnam Era Veterans’ Readjustment Assistance Act of 1974: Relates only to
government contractors or subcontractors who are covered by the OFCCP. It
covered honorably discharged persons who served more than 18 days on active
duty between August 5, 1964 and May 7, 1975. Now the definition of “protected”
or “covered” veteran has been expanded to include those who have served in a
campaign or expedition for which a medal was issued. This includes campaigns
such as Desert Storm and the current engagements in the Middle East.
3.3. Briefly discuss who is responsible for ensuring equal employment opportunity.
● Created by Title VII, the EEOC enforces most of the above mentioned laws.
3.4. What are the significant U.S. Supreme Court decisions that have had an impact on
EEO? On Affirmative Action?
3.5. What are the steps that the EEOC uses once a charge is filed?
(3) other charges against the employer; and (4) the type of charge. Recommendations for
3.6.What is the purpose of the Uniform Guidelines on Employee Selection Procedures?
3.7. What is the difference between disparate treatment and adverse impact?
3.8. How does the EEOC define sexual harassment?
3.9. How does the EEOC interpret the national origin guidelines?
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forebears came from, a particular country. National origin protection also covers: (1)
marriage or association with a person of a specific national origin; (2) membership in, or
association with, an organization identified with, or seeking to promote the interests of
national groups; (3) attendance at, or participation in, schools, churches, temples, or
mosques generally used by persons of a national origin group; and (4) use of an
individual’s or spouse’s name that is associated with a national origin group.
3.10. What are some guidelines to follow with regard to religion-related
discrimination?
3.11. What is meant by the term caregiver discrimination?
3.12. What is the purpose of the OFCCP?
3-13. Define what the four-fifths rule is.
According to the Uniform Guidelines, adverse impact is said to occur if, “a substantially
different rate of selection in hiring, promotion or other employment decision which
3-14. What is an affirmative action program?
3.15. Define diversity and diversity management.
Diversity refers to any perceived difference among people: age, race, religion, functional
specialty, profession, sexual orientation, geographic origin, lifestyle, tenure with the
organization or position, and any other perceived difference.
Diversity management is ensuring factors are in place to provide for and encourage the
happened that Ms. Hodge and Mr. Jameson were Baby Boomers, Ms. Diaz was a member
of Generation X, and Ms. Peroni was a member of Generation Y.)
The committee got off to a rocky start, in part, because members disagreed about where
and when to get the work done. Mr. Jameson called for a face-to-face meeting in the
conference room and got the following reactions: Ms. Hodge asked for the time and place
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Mr. Jameson expressed frustration, saying, “the flexible approach to getting the work
done is unacceptable! For years, we always completed our committee assignments
together in the conference room.” He went a step further by asserting, “Young mothers
should never be considered for positions of significant responsibility because they are
unreliable and not serious about their work.” Ms. Diaz, visibly upset by Mr. Jameson’s
comment, instructed him to review the company’s telecommuting policy. His response
was, “That policy does nothing other than permit young employees to work only when
they feel like it and for women with children to work less than others.
QUESTIONS
3.23. Do you agree with Mr. Jameson’s approach to addressing situation? Discuss.
3.24. What actions should Mr. Jameson have taken in the past to avoid his current
predicament?
3.25. What might occur if Mr. Jameson tells Ms. Diaz’s supervisor that she is an
unreliable employee?
HRM Incident 2: So, What’s Affirmative Action?
Supreme Construction Company began as a small commercial builder located in
Baytown, Texas. Until the early 2000s, Alex Boyd, Supremes’ founder, concentrated his
efforts on small, freestanding shops and offices. Up to that time, Alex had never
employed more than 15 people.
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In 2008, Alex’s son Michael graduated from college with a degree in construction
management and immediately joined the company full-time. Michael had worked on a
variety of Supreme jobs while in school, and Alex felt his son was really cut out for the
construction business. Michael was given increasing responsibility, and the company
continued its success, although with a few more projects and a few more employees than
before. In 2010, Michael approached his father with a proposition; “Let’s get into some
of the bigger projects now. We have the capital to expand and I really believe we can do
it.” Alex approved, and Supreme began doing small shopping centers and multistory
office buildings in addition to work in its traditional area of specialization. Soon, the
number of employees had grown to 75.
In 2013, the National Aeronautics and Space Administration (NASA) released
construction specifications for two aircraft hangars to be built southeast of Houston.
Although Supreme had never done any construction work for the government, Michael
and Alex considered the job within the company’s capabilities. Michael worked up the
$1,982,000 bid and submitted it to the NASA procurement office.
Several weeks later the bids were opened. Supreme had the low bid. However, the
acceptance letter was contingent on submission of a satisfactory affirmative action
program.
QUESTIONS
3.26. Explain why Supreme must submit an affirmative action program.
The bid that Michael submitted was for over $1 million. Contractors meeting this
3.27. Generally, what should the program be designed to accomplish?
3.28. In conducting a utilization analysis, Michael discovers that although 30 percent of
the general population of construction workers is black, only 10 percent of
Supremes’ employees are black. According to affirmative action, what is Supreme
Construction required to do?
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Under-utilization is defined as having fewer minorities or women in a particular job
group than would reasonably be expected by their availability. The utilization analysis is
important because the calculations determine whether underutilization exists. If the
utilization analysis shows that the availability of blacks for a certain job group is 30
percent, the organization should have at least 30 percent black employment in that group.
If actual employment is less than 30 percent, underutilization exists, and the firm should
set a goal of 30 percent black employment for that job group. The goal of affirmative
action is for a contractor's workforce to generally reflect the gender, racial, and ethnic
profile of the labor pools from which the contractor recruits and selects.
