Chapter 3: Equal Employment Opportunity
The EEOC’s final regulations state that some impairments such as autism,
blindness, bipolar disorder, cancer, diabetes, HIV infection, major depressive
disorder, and so on will be covered disabilities in “virtually all cases.” The ADA
does not protect current users of illegal drugs and substances, but it does protect
those who are recovering addicts.
Mental Disabilities
Two of the top seven disabilities most frequently cited in EEOC claims for
disability discrimination are mental disabilities, depression, and anxiety
disorder. Regardless of the type of employees’ claims, it is important to treat
Employees Who Develop Disabilities
For many employers, the impact of the ADA has been the greatest when
handling employees who develop disabilities, not when dealing with applicants
who already have disabilities. As the workforce ages, it is likely that more
employees will develop disabilities. For instance, a warehouse stock worker who
suffers a serious leg injury in a motorcycle accident away from work may request
reasonable accommodation.
Chapter 3: Equal Employment Opportunity
Employees sometimes can be shifted to other jobs where their disabilities do not
affect them as much. But the problem for employers is what to do with the next
worker who develops problems if an alternative job within the organization is not
available. Even if the accommodations are just for one employee, the reactions of
coworkers must be considered.
E. ADA and Job Requirements
For a qualified person with a disability, an employer must make a reasonable
accommodation, which is a modification to a job or work environment that gives
that individual an equal employment opportunity to perform. EEOC guidelines
encourage employers and individuals to work together to determine what the
appropriate reasonable accommodations are, rather than employers alone making
those judgments. Under the ADAAA, the focus has shifted from determining
whether or not an individual is disabled to an emphasis on finding ways to
accommodate that individual in the workplace. Many options may be considered
but in the end the employer has the authority to select the accommodation to be
implemented.
Reasonable accommodation is limited to actions that do not place an undue
hardship on an employer. An undue hardship is a significant difficulty or expense
imposed on an employer in making an accommodation for individuals with
Chapter 3: Equal Employment Opportunity
Because most organizations are covered, employers under the ADA will likely have
a plan in place before an accommodation is requested, which can save time and
simplify the process. The following steps can facilitate this:
• Define essential functions in advance.
• Handle all requests for accommodation properly.
ADA Restrictions and Medical Information
The ADA includes restrictions on obtaining and retaining medically related
information on applicants and employees. Restrictions include prohibiting employers
from rejecting individuals because of a disability and from asking job applicants any
question about current or past medical history until a conditional job offer is made.
F. Claims of Discrimination
During the decade prior to the enactment of the ADAA, approximately 16,000
disability discrimination claims were filed with the EEOC each year. In 2010 and
2011, that number skyrocketed to over 25,000 claims per year representing a 17%
Claims of discrimination are more common at the lower levels of organizations.
Figure 3-8 shows the most frequent disabilities identified in ADA charges.
F. Genetic Bias Regulations
Related to medical disabilities is the emerging area of workplace genetic bias. As
medical research has revealed the human genome, medical tests have been
developed that can identify an individual’s genetic markers for various diseases.
Whether these tests should be used and how they are used can raise ethical issues.
Genetic Information Nondiscrimination Act
Congress passed the Genetic Information Nondiscrimination Act (GINA) in 2009
to limit the use of genetic information by health insurance plans and to prohibit
employment discrimination based on this information. Employers are
VII. Age Discrimination Laws
The populations of most developed countries are aging. These changes mean that as
older workers with a lifetime of experiences and skills retire, companies face
significant challenges in replacing them with workers with the capabilities and work
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States, employment discrimination against individuals age 40 and older is prohibited
by the Age Discrimination in Employment Act (ADEA).
A. Age Discrimination in Employment Act
As with most equal employment issues, a better understanding of what constitutes
age discrimination continues to be defined by the courts and the EEOC. Following
the Supreme Court decision in Meacham v. Knolls Atomic Power Laboratory (2008),
the EEOC issued its final rule on disparate impact in age discrimination cases. If an
B. Older Workers Benefit Protection Act (OWBPA)
This law is an amendment to the ADEA and protects employees when they sign
liability waivers for age discrimination in exchange for severance packages during
reductions in force. Workers over the age of 40 are entitled to receive complete
C. Managing Age Discrimination
One issue that has led to age discrimination charges is labeling older workers as
“overqualified” for jobs or promotions. Selection and promotion practices must be
“age neutral.” Older workers face substantial barriers to entry in a number of
occupations, especially those requiring significant amounts of training or where
Chapter 3: Equal Employment Opportunity
A strategy used by employers to retain the talents of older workers is phased
retirement, whereby employees gradually reduce their workloads and pay levels.
This option is growing in use as a way to allow older workers with significant
knowledge and experience to have more personal flexibility, while the
organizations retain them for their valuable capabilities. Some firms also rehire
their retirees as part-time workers, independent contractors, or consultants. These
strategies are intended to help the company retain its institutional knowledge and
history.
VIII. Religion and Spirituality in the Workplace
Religious discrimination can take many forms, from hostile remarks to refusal to hire
individuals from different faiths. Problems can also arise because of conflicts between
employer policies and employee religious practices such as dress and appearance.
Generally, employers are encouraged to make exceptions to dress code policies
unless public image is so critical that it represents a business necessity. Deferring to
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A. Managing Religious Diversity
The EEOC recommends that employers consider the following reasonable
accommodations for employees’ religious beliefs and practices:
• Scheduling changes, voluntary substitutes, and shift swaps
• Changing an employee’s job tasks or providing a lateral transfer
IX. Managing Other Discrimination Issues
A number of other factors, such as national origin/immigration, language, military
status, and appearance and weight, might lead to unlawful discrimination.
A. Immigration Reform and Control Acts
The influx of immigrants has led to extensive political, social, and employment–
related debates. The Immigration Reform and Control Act (IRCA), enacted in 1986,
requires employers to verify the employment status of all employees, while not
discriminating because of national origin or ethnic background. Employers may
not knowingly hire unauthorized aliens for employment in the United States.
The E-verify federal database instantly verifies the employment eligibility of
employees. Federal contractors are required to use the system as are employers in
a number of states where it has been mandated.
Visa Requirements
Various revisions to the IRCA changed some of the restrictions on the entry of
immigrants to work in U.S. organizations, particularly organizations with high-
technology and other “scarce skill” areas. More immigrants with specific skills
have been allowed legal entry, and categories for entry visas were revised.
B. Language Issues
As the diversity of the workforce increases, more employees have language skills in
addition to English. Some employers have attempted to restrict the use of foreign
languages, while other employers have recognized that bilingual employees have
valuable skills.
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guides.
C. Military Status Protections
The employment rights of military veterans and reservists have been addressed in
several laws. The two most important laws are the Vietnam Era Veterans
Readjustment Assistance Act of 1974 and the Uniformed Services Employment and
D. Appearance and Weight Discrimination
Several EEOC cases have been filed concerning the physical appearance of
employees. Court decisions consistently have allowed employers to set dress codes
and appearance standards as long as they are applied uniformly. Also, employers
X. Diversity Training
Traditional diversity training has a number of different goals. One prevalent goal is to
minimize discrimination and harassment lawsuits. Other goals focus on improving
A. Components of Traditional Diversity Training
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There are often three components to diversity training programs:
• Legal awareness is the first and most common component. Here, the training
focuses on the legal implications of discrimination. This limited approach to
diversity training focuses only on these legal “do’s and don’ts.”
B. Mixed Results for Diversity Training
The results of diversity training are viewed as mixed by both organizations and
participants. Studies on the effectiveness of diversity training raise some concern
that the programs may be interesting or entertaining, but may not produce longer-
term changes in people’s attitudes and behaviors toward others with
characteristics different from their own.
Negative consequences of diversity training may manifest themselves broadly in a
backlash against all diversity efforts. Women and members of racial minorities
sometimes see diversity programs as inadequate and nothing but “lip service.”
C. Improving Diversity Training Efforts
Chapter 3: Equal Employment Opportunity
Focusing on behavior seems to hold the most promise for making diversity
training more effective. For instance, dealing with cultural diversity as part of
training efforts for sales representatives and managers has produced positive
results.
Critical Thinking Challenges
1. Discuss some of the protected characteristics covered by Equal Employment
Opportunity and why they are important in today’s employment setting.
Equal employment opportunity means that employment decisions must be made based
on job requirements and worker qualifications. Unlawful discrimination occurs when
All workers are provided equal protection; the laws do not favor some groups over
others. Equal Employment Opportunity is important as it reduces discrimination and
biases for and against potential employees based on the protected characteristics.
2. You recently learned that two of your key female employees will be taking maternity
leave around the same time. What procedures or rules do you need to be aware of
based on the Pregnancy Discrimination Act (PDA)?
Chapter 3: Equal Employment Opportunity
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. Courts
3. Give an example of sexual harassment you may have witnessed or heard about. How
do you think the situation should have been handled if you were the HR Manager?
Students’ answers may differ, however they could cover the following points:
• Quid pro quo is harassment in which employment outcomes are linked to the
Chapter 3: Equal Employment Opportunity
4. Use the U.S. Department of Labor website (www.dol.gov) to further research a topic
discussed in this chapter. Be sure to understand what the particular law (Act) is
protecting and what the rules are that companies need to follow to comply with this
Act.
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.
The laws enforced by OFCCP make it illegal for a company doing business with the
Federal government to discriminate against a pregnant employee/potential employee
in hiring, firing, pay, benefits, job assignments, promotions, layoffs, job training,
recruitment, and other personnel activities because of her ability to get pregnant and
give birth, or because of medical conditions related to pregnancy and childbirth.
• Women are entitled to pregnancy-related benefits their employer provides,
whether or not she is married
• Women are entitled to the same benefits that other workers on leave receive
HR Experiential Problem Solving
Chapter 3: Equal Employment Opportunity
Because of a large number of recently retired employees you have been hiring more
employees in recent years. The average age of the workforce at your company has changed
drastically. The typical age of your employees used to be around 40; however, after many
recent additions, it is now 34. The president of the company is worried that the company
1. List some ideas to help meet the needs and wants of a younger workforce.
Students’ answers may vary, however they can include the following points in their
answer:
• A younger workforce may seek different elements to help balance work and
2. Going forward, what type of program would you include as part of new employee
orientation to help further “sell” the company to your new employees?
Students’ answers may vary, however they can include the following points in their
answer:
• The organization can consider implementing work-family balance programs
which can give it a wide range of choices and it can benefit most from
customizing to its specific culture rather than adopting a one-size-fits-all
Chapter 3: Equal Employment Opportunity
Case
Worker Exploitation at Foxconn/Hon Hai
1. What obligation does a company like Apple or HP have to insure that suppliers
follow the local labor laws? What should Apple do if it discovers that the supplier
is not in compliance with those laws?
Students’ answers may vary. However, students can include the following points
in their response:
2. How should a multinational company like Apple reconcile the differences in labor
laws around the world? For example, workers in the United States are provided
substantial protection from discrimination and unfair treatment. This is not the
case in all nations. If a company like Apple is doing business with suppliers
Chapter 3: Equal Employment Opportunity
around the world, what standard should be used to evaluate labor practices?
Student answers may vary. However, students can include the following points in
their responses:
3. As someone who might purchase devices made by Apple, Dell, or HP, how does
this treatment of workers at a supplier influence your opinion of Apple and other
U.S. companies that deal with such suppliers? Does Apple bear any responsibility
for these labor problems because of its quest for ever lower costs?
Students’ answers may vary. However, students can include the following points
in their responses:
Chapter 3: Equal Employment Opportunity
Supplemental Cases
Keep on Trucking
Questions
1. If you were an EEO investigator, how would you evaluate this selection procedure?
Student answers may vary. The three qualifications that Tim has always used as a
2. Which requirements might be viewed as job-related?
The requirements that might be viewed as job-related for the position of driver may
Comments
Tim Rowe is on shaky ground with his selection procedure. He will be hard pressed to
demonstrate that his selection instrument (pencil-and-paper test) is job-related. Also, in
light of a 1971 case, unless a high school diploma can be shown to be related to the job
performance of a truck driver, it is not a legal criterion for selection. Tim might be better
Chapter 3: Equal Employment Opportunity
off to try to settle these complaints than to fight them through the courts. Of the three
requirements, only the driver’s license “test” appears to be job-related.
Mitsubishi Believes in EEO—Now
1. Discuss why making changes such as Mitsubishi did is important both legally and
for improving HR management with the employees and managers.
Making changes such as setting up a department to investigate all employee
complaints, training employees in avoiding illegal discrimination issues, and
2. Discuss how disparate treatment and disparate impact were factors affecting this
case.
Disparate treatment refers to treating a protected class differently from others. The
Religious Accommodation?
This case shows how companies must deal with employees from many cultures and
Chapter 3: Equal Employment Opportunity
1. What is the legal basis for the EEOC to hold that JBS-SWIFT had violated the
employee’ civil rights?
Title VII of the CRA identifies discrimination on the basis of religion as illegal.
2. Contract the solutions to the Tyson situation and the SWIFT situation. Which is
likely to have the greatest positive impact on the company and why?
In the Tyson situation it appears that the company was trying to accommodate
the Muslim religious holiday but the company’s first accommodation resulting in