978-1305115248 Chapter 2 Solution Manual Part 1

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Chapter 2

Equal Employment and Discrimination

Chapter Overview

This chapter explores the concept of equal employment opportunity. It first briefly describes the

history of Equal Employment Opportunity (EEO) in the United States and explains protected

categories, disparate treatment, and disparate impact. Then additional EEO concepts such as

business necessity and job relatedness, bona fide occupational qualification (BFOQ), burden of

proof, and non–retaliatory practices are discussed.

Next the chapter covers the provisions of the following federal laws that forbid discrimination in

employment and/or require affirmative action: Title VII of the Civil Rights Act of 1964,

Executive Orders 11246, 11375, and 11478, and the Civil Rights Act of 1991. Also issues around

managing racial issues and racial harassment are included. Affirmative action and affirmative

action plans are explained and the debate about affirmative action is included.

Then discrimination laws and issues dealing with sex and gender are explored. This discussion

includes the topics of pregnancy discrimination, equal pay, and sexual harassment. Issues dealing

with individuals with differing sexual orientations, nepotism, and consensual relationships at

work are also presented. The section ends with a discussion of sexual harassment including the

different types of sexual harassment, employer responses, liability, and harassment likelihood.

The next section deals with discrimination and issues surrounding individuals with disabilities.

The Americans with Disabilities Act (ADA) is discussed including the definition of “disabled,”

mental disabilities, and amendments to ADA included in ADAAA. Genetic bias regulations

including the Genetic Information Nondiscrimination Act (GINA) are presented. The section

ends with a discussion of managing disabilities in the workforce including common means of

reasonable accommodation.

The next section covers age discrimination and discusses the major laws, the Age Discrimination

in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA), and how

to manage age discrimination issues. Then religion and spirituality diversity issues are presented

followed by information regarding other discrimination issues including immigration reform,

language issues, military status, sexual orientation, and appearance.

The chapter concludes with coverage of diversity training including the components of diversity

training, mixed results, and the backlash against this type of training.

Chapter Outline

I. The Nature of Equal Employment Opportunity

Equal employment opportunity (EEO) means that employment decisions

must be made on the basis of job requirements and worker qualifications.

Unlawful discrimination occurs when those decisions are made on the basis

of protected characteristics such as the race, age, sex, disability, or

religion of the worker. Under federal, state, and local laws employers are

prohibited from considering the following factors in making hiring and other

employment decisions:

Age

Color

Disability

Genetic information

Military status or experience

These categories are considered protected characteristics under EEO laws

and regulations. All workers are provided equal protection; the laws do not

Equal employment opportunity is a broad-reaching concept that

essentially requires employers to make status-blind employment decisions.

Most employers are required to comply with equal employment opportunity

A. Sources of Regulation and Enforcement

The employment relationship is governed by a wide variety of regulations. All three branches

of government have played a role in shaping these laws. Federal statutes enacted by Congress

form the backbone of the regulatory environment. State and city legislatures also enact laws

Government agencies responsible for enforcing laws issue guidelines and rules to provide

The two main enforcement bodies for EEO are the Equal Employment Opportunity

Commission (EEOC) and the U.S. Department of Labor (in particular, the Office of Federal

Contract Compliance Programs [OFCCP]). The EEOC enforces employment laws for

Discrimination remains a concern as the U.S. workforce becomes more diverse. Charges filed

with the EEOC continue to rise. The EEOC has also been held accountable for filing lawsuits

II. Theories of Unlawful Discrimination

There are two types of unlawful employment discrimination:

Disparate treatment—occurs when either di,erent standards are used

to judge individuals or the same standard is used but it is not related to

Disparate impact—occurs when an employment practice that does not

appear to be discriminatory has a disproportionally adverse impact on

Unlawful discrimination can occur in all employment-related decisions from

external hiring to internal promotions, selection for training opportunities,

A. Equal Employment Opportunity Concepts

Court decisions and administrative rulings have helped to define several basic EEO concepts.

The four key concepts—business necessity and job relatedness, bona fide occupational

Business Necessity and Job Relatedness

A business necessity is a practice necessary for safe and efficient organizational

operations, such as restricting employees from wearing garments that might get caught in

machinery although the attire may be required by an employee’s religion. Business

Bona Fide Occupational Qualification

Employers may discriminate on the basis of sex, religion, or national origin if the

characteristic can be justified as a bona fide occupational qualification reasonably

necessary to the normal operation of the particular business or enterprise. Thus, a bona

Burden of Proof

When a legal issue regarding unlawful discrimination is raised, the burden of proof must

be satisfied to file suit against an employer and establish that unlawful discrimination has

occurred. The plaintiff charging discrimination must establish a prima facie case of

discrimination through either factual or statistical evidence. The prima facie case means

Nonretaliatory Practices

Employers are prohibited from retaliating against individuals who file discrimination

III. Broad-Based Discrimination Laws

Comprehensive equal employment laws provide broad-based protection for

applicants and employees. The following sections explain these major laws

A. Civil Rights Act of 1964, Title VII

Title VII, the employment section of the Civil Rights Act of 1964, details the

legal protections provided to applicants and employees and defines

Title VII of the Civil Rights Act states that it is illegal for an employer to:

Fail or refuse to hire or discharge any individual, or otherwise discriminate against any

Limit, segregate, or classify his employees or applicants for employment in any way

that would deprive or tend to deprive any individual of employment opportunities or

Title VII Coverage

Title VII, as amended by the Equal Employment Opportunity Act of 1972, covers most

employers in the United States. Any organization meeting one of the following criteria

must comply with rules and regulations that specific government agencies have established

to administer the act:

All private employers of 15 or more employees

All educational institutions, public and private

State and local governments

Title VII has been the basis for several extensions of EEO law. For example,

in 1980, the EEOC interpreted the law to include sexual harassment.

B. Civil Rights Act of 1991

In response to several Supreme Court decisions during the 1980s, Congress amended the Civil

Rights Act of 1964 to strengthen legal protection for employees, provide for jury trials, and

C. Executive Orders 11246, 11375, and 11478

Several important executive orders have been issued by U.S. Presidents

that a,ect the employment practices of federal contractors and

subcontractors. The O)ce of Federal Contract Compliance Programs

Federal contractors are required to develop and maintain a written

a-rmative action program (AAP) that outlines proactive steps the

organization will take to attract and hire members of underrepresented

D. Managing Racial and Ethnic Discrimination Issues

The original purpose of the Civil Rights Act of 1964 was to address race

discrimination in the United States. This concern continues to be important

Charges of racial discrimination continue to make up one-third of all

complaints filed with the EEOC. Employment discrimination can occur in

Racial/Ethnic Harassment

Racial/ethnic harassment is such a concern that the EEOC has issued guidelines on it. It is

IV. Sex/Gender Discrimination Laws and Regulations

The inclusion of sex as a basis for protected status in Title VII of the 1964 Civil Rights Act has

A. Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII to require that

employers treat maternity leave the same as other personal or medical leaves. Closely related

to the PDA is the Family and Medical Leave Act (FMLA) of 1993, which requires that

Unlawful discrimination can occur if a pregnant applicant is not hired or is transferred or

terminated. Courts have generally ruled that the PDA requires employers to treat pregnant

B. Equal Pay and Pay Equity

The Equal Pay Act of 1963 requires employers to pay similar wage rates for similar work

without regard to gender. A common core of tasks must be similar, but tasks performed only

intermittently or infrequently do not make jobs different enough to justify significantly

different wages. Differences in pay between men and women in the same jobs are permitted

because of:

Differences in seniority

Differences in performance

In response to a procedural issue in her pursuit of a fair pay claim, Congress enacted the Lilly

Ledbetter Fair Pay Act in 2009, which eliminates the statute of limitations for employees who

Pay equity is the idea that pay for jobs requiring comparable levels of knowledge, skill, and

ability should be similar, even if actual duties differ significantly. This theory has also been

C. Managing Sex/Gender Issues

The growth in the number of women in the workforce has led to more sex/gender issues

related to jobs and careers. Since women bear children and traditionally have a primary role in

For years, women’s groups have alleged that women in workplaces encounter a glass ceiling,

which refers to discriminatory practices that have prevented women and other minority status

A related problem is that women have tended to advance to senior management in a limited

D. Sexual Orientation

Demographers estimate that about 3% to 5% of Americans identify themselves as being

lesbian, gay, bisexual, or transgender (LGBT). The U.S. Census reports that 650,000 couples

reported living with same-sex partners, with 130,000 reporting being married. While there is

E. Nepotism

Many employers have policies that restrict or prohibit nepotism, the practice of allowing

relatives to work for the same employer. Other firms require only that relatives not work

F. Consensual Relationships and Romance at Work

When work-based friendships lead to romance and off-the-job sexual relationships, managers

and employers face a dilemma: Should they monitor these relationships to protect the firm

from potential legal complaints, thereby “meddling” in employees’ private, off-the-job lives?

Or do they simply ignore these relationships and the potential problems they present?

Most executives and HR professionals agree that workplace romances are risky because they

have great potential for causing conflict. However, looking beyond the legal issues and

dealing with this as a strategic issue allows leaders to consider both the costs and the benefits