978-1119032748 Chapter 3 Lecture Note Part 2

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Selected Relevant Supreme Court Cases Slide 25

Learning Outcome 3: Discuss the role of the Supreme Court in clarifying and

enforcing employment law and identify important cases decided by the court.

Cases Concerning Discrimination

Griggs v. Duke Power (1971): Tests were illegal when they resulted in adverse

impact and were not job related.

Albemarle Paper Company v. Moody (1975): Clarified methods for using and

validating tests in selection (i.e. tests should be validated for jobs similar to those

for which they will be used).

Wards Cove Packing Company v. Atonio (1989): Statistics alone could not

support evidence of discrimination; burden of proof shifted to the plaintiff. This

case illustrates the change in the Supreme Court view of EEO from the Griggs

case.

Exhibit 3 – 4 Summary of Selected Supreme Court Cases page 64 shows a

summary of selected Supreme Court cases affecting EEO.

Cases Concerning Reverse Discrimination:

Bakke v. The Regents of the University of California at Davis Medical School

(1978): School could not set aside seats for minorities.

United Steelworkers of America v. Weber (1979): Court supported company’s

voluntary affirmative action training program for minorities.

Firefighter Local 1784 v. Stotts (1984) & Wyant v. Jackson Board of

Education (1986): Affirmative action may not take precedence over a seniority

system; collective bargaining agreement giving preferential treatment to

minorities in layoffs was illegal.

Johnson v. Santa Clara County Transportation (1987): Preferential treatment

based on affirmative action goals permitted if non-minorities protected.

Ricci v. DeStefano (2009): Any HRM practice may be challenged by anyone.

HRM must be able to defend its practices if necessary and explain the basis and

the parameters on which the decisions were made.

Preventing Discriminatory Practices Slide 26

Learning Outcome 4: Explain how the Uniform Guidelines on Employee Selection

Procedures and the concepts of adverse impact , disparate treatment and affirmative

action help employers identify and prevent discriminatory practices

Uniform Guidelines on Employee Selection Procedures

Specifies that hiring procedures must be tied to job-related factors and may not

discriminate.

Outlines how employers can shoe that their hiring practices observe EEO laws.

Addresses standards for non-biased employment testing.

Determining Potential Discriminatory Practices Slide 27

Adverse (disparate) impact occurs when there is a greater rejection rate in an

occupation for a protected group (those protected under discrimination laws) than

for the majority group.

Adverse (disparate) treatment occurs when members of a protected group are

treated differently than other employees.

Slide 30

The 4/5ths rule:

oGuideline established by EEOC Uniform Guidelines on Employee

Selection Procedures.

oCompares selection ratio for minority applicants to that for

omajority applicants; if less than 4/5, discrimination may have occurred.

oApplies to all steps in a selection process.

Exhibit 3 – 5 Applying the 4/5ths Rule page 67 illustrates how the math works when

comparing the hiring rate of the minority group to the majority group.

Slide 31

Restricted Policy infractions occur when HRM activities result in exclusion of a

class of individuals.

Geographical comparisons can support discrimination claims. Characteristics of

the qualified pool of potential applicants in the hiring market are compared to

characteristics of employees. If an employer has a proper mix of individuals at all

levels in the organization that reflects its recruiting market, then the organization

is in compliance.

Slide 32

McDonnell-Douglas Test: Guidelines from McDonnell-Douglas v. Green

Supreme Court case determined an allegation of discrimination is supported:

oIf a qualified member of protected group applies for job

oIs rejected

oThe enterprise continues to seek applicants with similar qualifications,.

Slide 33

Affirmative Action Plans are to be used to correct past injustices in employment.

oInvolve analyzing current work force demographics and establishing goals

and timetables for correcting imbalances in the representation of protected

groups.

oCases continue to challenge the concept and ask for clarification.

oMost involve numerical quotas which are not allowed.

Enforcing Equal Opportunity Employment Slide 34

Learning Outcome 5: Explain how equal employment laws are enforced including the

complaint process

The Role of the EEOC Slide 35

The EEOC has jurisdiction for Title VII and other legislation that covers charges

of discrimination based on race, color, sex, national origin, age or disability.

The EEOC is staffed by five presidentially appointed commissioners and staff

counsels and generally has significant backlog of cases.

Complaint Procedure: Slide 36

Charges must be filed within 180 days of an alleged incident

Organization is notified by EEOC within 10 days. Investigation begins.

EEOC notifies organization of its findings within 120 days. If EEOC finds

complaint unfounded, individual may request right to sue in civil court.

If complaint is justified, EEOC works with employer to correct problem.

If resolution cannot be reached, EEOC may sue organization.

The EEOC cannot force an organization to cooperate.

Organizations may NOT retaliate against individuals who file EEOC charges.

Office of Federal Contract Compliance Programs (OFCCP) Slide 37

Operates within U.S. Dept. of Labor to enforce:

Executive Order 11246 (covered in LO 2)

Section 503 of Vocational Rehabilitation Act

Vietnam Veterans Readjustment Act of 1974.

Investigates discrimination complaints; process similar to that of EEOC.

Can cancel employer’s contract with federal government if not in compliance.

Provisions apply to any organization that has a federal contract or acts as a

subcontractor on a federal project.

Sexual Harassment Slide 38

Learning Outcome 6: Categorize the different types of sexual harassment and explain

ways employers can protect employees from intimidation and harassment in the

workplace

Sexual Harassment

Unwanted activity of a sexual nature that affects an individual’s employment;

prohibited under Title VII as sex discrimination.

Sexual harassment occurs where verbal or physical conduct toward an individual:

Creates an intimidating, offensive, or hostile environment

Unreasonably interferes with an individual’s work

Adversely affects employee’s employment opportunities.

There are two types of sexual harassment: Slide 39

Quid pro quo – some type of sexual behavior is expected as a condition of

employment.

Hostile environment – the working environment is offensive and unreasonably

interferes with an employee’s ability to work.

Hostile environment was established as a type of sexual harassment by the

Meritor Savings Bank v. Vinson Supreme Court case which also

established employer liability for the harassment.

Faragher v. City of Boca Raton Supreme Court case upheld employer

liability for harassment by coworker, managers or customers.

Harris v. Forklift Systems, Inc. Supreme Court case held that victims do

not have to suffer substantial mental distress for harassment to have taken

place.

1998 Supreme Court ruling indicated that harassment can take place even

if the employee does not experience any negative job repercussions.

Alleged harasser must be afforded due process.

Employer steps to create workplace free of intimidation and harassment: Slide 40

Issue a sexual harassment policy describing what constitutes harassment and what

inappropriate behavior is.

Institute a procedure to investigate harassment charges.

Inform all employees of the sexual harassment policy

Train management personnel in how to deal with harassment charges and in what

responsibility they have to the individual and the organization.

Investigate all harassment charges immediately.

Take corrective action as necessary.

Continue to follow up on the matter to ensure that no further harassment occurs or

that retaliation does not occur.

Periodically review turnover records to determine if a potential problem may be

arising.

Don’t forget to privately recognize individuals who bring these matters forward.

Class Activity: Ethical Issues in HRM – How Bad Does It Have to Be? Page 71

addresses the issue of perception in harassment. The Ethical Questions at the end of the

feature ask students to examine their own limits or tolerance where language, jokes and

teasing go “over the line.” Students often have examples and thoughts on when behavior

goes from “fun” to inappropriate.

Current Issues in Equal Employment

Learning Outcome 7: Review current issues in equal employment.

Comparable Worth and Equal Pay Issues Slide 41

Comparable worth refers to the issue of determining fair pay for both

female-oriented jobs and male-oriented jobs based on comparable skill, effort, and

responsibility. It goes beyond provisions in the Equal Pay Act.

Glass ceiling refers to lack of women and minority representation at the top levels

of organizations.

OFCCP has glass ceiling initiative. Promotes career development for women and

minorities. Looks for such in its audits.

Sexual Orientation Slide 42

Protection against discrimination because of an employee’s sexual orientation or

gender identity is not provided by federal law, but 21 states and the District of

Columbia have laws prohibiting discrimination based on sexual orientation.

English Only Laws and Policies

Title VII protects employees from national origin discrimination so employers

must allow employees to converse in their native languages.

Ethical Issues in HRM: English-Only Rules on page 74 outlines a case where

housekeeping employees won a settlement because they were not allowed to speak their

native language, Spanish in conversation at work. Ethical questions at the end of the case

may be posed to students in order to have them examine their own views. If the class

includes students whose native language is not English, their views may be interesting to

the discussion.

Appearance and Weight Discrimination

Employees that are heavier than average tend to make less than workers whose

weight is average.

Michigan is the only state currently protecting employees from weight or

appearance discrimination.

HRM in a Global Environment Slide 43

Learning Outcome 8: Identify legal issues faced when managing HR in a global

environment.

Laws affecting Human Resource Management vary greatly by country.

Examples from China, Canada, Mexico, Australia and Germany highlight some of the

differences.

HRM Workshop

The HRM Workshop includes several different types of activities requiring students to apply

chapter concepts aligned with the learning objectives. Suggested answers are provided.