EQUAL EMPLOYMENT OPPORTUNITY
AND
HUMAN RESOURCES MANAGEMENT
The employment of individuals in an equal and nondiscriminatory manner is mandated by public
policy. Therefore, equal employment opportunity has become a major area of concern for HR
specialists and individual managers. Employers in all types of organizations must be aware of the
laws and court rulings in this area in order to carry out their jobs in a responsible manner. If
employers violate the law, the courts and the Equal Employment Opportunity Commission
(EEOC) have ruled that ignorance of the law is not a valid defense against discrimination
charges.
CHAPTER LEARNING OUTCOMES
3
3
c
ch
ha
ap
pt
te
er
r
Explain the reasons behind passage of equal employment
opportunity (EEO) legislation.
LEARNING OUTCOME 1
26 Part 1: Human Resources Management in Perspective
Understand why sexual harassment, immigration reform, and other
practices such as discrimination based on a person’s weight,
appearance, and sexual orientation have become equal employment
issues.
LECTURE OUTLINE
Begin by stressing the importance of EEO and AA to employees, managers, and organizations.
Explain that EEO and AA are not only a legal issue but also an emotional and ethical issue
LEARNING OUTCOME 3
Chapter 3: Equal Employment Opportunity and Human Resources Management 27
I. HISTORICAL PERSPECTIVE OF EEO LEGISLATION
• Explain that EEO has emerged slowly over the years and that it was not until the
mid-1950s and early 1960s that nondiscriminatory employment became a major social
concern.
• Three things influenced the importance of EEO: (1) laws governing EEO
legislation, (2) changed social attitudes, and (3) research on the poor economic
plight of women, minorities, and older workers.
A. Changing National Values
• The poor economic plight of women, blacks, and other minority groups was
publicized by mass media coverage of sit-ins and rallies. These events increased
national social awareness of EEO.
B. Early Legal Developments
• Early laws covering EEO included the Civil Rights Act of 1866, the
Unemployment Relief Act of 1933, and Executive Order 8802, which established
II. GOVERNMENT REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY
Figures 3.2 plus Highlights in HRM 1 will be useful in your discussion of equal
employment opportunity.
• Explain that managers and supervisors serve as agents of the employer. Since
28 Part 1: Human Resources Management in Perspective
A. Major Federal Laws
1. Equal Pay Act of 1963
• This law was passed to outlaw discrimination in pay, employee benefits,
and pensions based on the worker’s gender.
2. Civil Rights Act of 1964
• This act bars discrimination in all HR activities including hiring, training,
promotion, pay, employee benefits, or other conditions of employment
because of race, color, religion, sex, or national origin. It also prohibits
discrimination because of pregnancy.
• The law does permit various exceptions and employers are not required to
employ or retain unqualified workers. Review the exceptions listed in the text.
• The Civil Rights Act established the EEOC to enforce the law’s provisions.
a. Bona Fide Occupational Qualification
Chapter 3: Equal Employment Opportunity and Human Resources Management 29
Explain how the business-necessity requirement applies to organizations
wishing to maintain a certain “authenticity” for the establishment.
b. Religious Preference
Title VII of the Civil Rights Act prohibits discrimination based on religion
Managers and supervisors will need to accommodate the following
religious preferences:
3. Amendments to the Civil Rights Act of 1964
a. Equal Employment Opportunity Act of 1972—This law strengthened
the enforcement powers of the EEOC. The commission now has the power
to go directly to court to enforce the provisions of the act. Extended
coverage applies to those employers previously mentioned.
4. Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act (ADEA) prohibits specific
5. Amendments to the ADEA
30 Part 1: Human Resources Management in Perspective
6. Pregnancy Discrimination Act of 1978
• This law amends the Civil Rights Act of 1964 by stating that pregnancy is a
disability and that pregnant employees must be treated on an equal basis
with employees having other medical conditions. Specifically, the law
7. Americans with Disabilities Act of 1990
• This law prohibits employers from discriminating against persons with
physical and mental disabilities or the chronically ill.
• The ADA is a difficult statute for employers to comply with because of the
ambiguous definition of what “a disability” means. For example, personality
disorders such as schizophrenia, bipolar disorders, and personality disorders
are covered. However, various “adjustment disorders” and stress are not
generally subject to ADA coverage. Furthermore, the Supreme Court has ruled
that medical conditions such as poor eyesight and high blood pressure are not
disabilities since these conditions can be corrected or successfully treated.
Chapter 3: Equal Employment Opportunity and Human Resources Management 31
8. Amendments to the ADA
a. Americans with Disabilities Act Amendments Act
9. Genetic Information Nondiscrimination Act of 2008
10. Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA)
• This act protects individuals who enter the military for short periods of
service. The law provides that service personnel can return to their private–
sector jobs without loss of seniority or employment benefits.
11. Amendments to the USERRA
a. Veterans Benefits Improvement Act
The 2004 legislation required employers to notify employees of the rights,
benefits, and obligations of both employer and employee regarding the
employee’s military obligations.
B. Other Federal Laws and Executive Orders
Explain that the laws and executive orders reviewed here apply to agencies of the
federal government and to individuals who are employed by government contractors.
1. Vocational Rehabilitation Act of 1973
32 Part 1: Human Resources Management in Perspective
• The law requires private employers with government contracts of more
than $2,500 to take affirmative action to hire and promote individuals with
mental or physical disabilities. Employers must make a reasonable
accommodation to hire disabled individuals, but employers are not required to
hire persons unqualified to perform.
2. Executive Order 11246
• Executive Order 11246 prohibits discrimination based on race, color, religion,
sex, or national origin in all employment activities.
a. Don’t Ask, Don’t Tell Repeal Act of 2010
In 2010, the Don’t Ask, Don’t Tell Repeal Act was enacted to end the ban
on gay or bisexual persons openly serving in the U.S. military—The ban
C. Fair Employment Practice Laws
• Stress to students that most states and many local governments have passed
additional laws prohibiting employment discrimination. Referred to as fair
employment practices (FEPs), these statutes cover antidiscrimination in those
Chapter 3: Equal Employment Opportunity and Human Resources Management 33
III. OTHER EQUAL EMPLOYMENT OPPORTUNITY ISSUES
The following EEO issues should be fully covered because of their current importance to
HR managers and supervisors. Highlights in HRM 2 will be useful in your discussion of
the following issues.
A. Sexual Harassment
• Ask students what sexual harassment means to them, and then go over what
constitutes sexual harassment according to the Uniform Guidelines. Emphasize
the broad definition given to sexual harassment by the Uniform Guidelines and
explain its wide ramifications to employers.
Hostile Environment—This occurs when unwelcome sexual conduct has the
purpose or effect of unreasonably interfering with job performance or creating an
intimidating, hostile, or offensive working environment. For example, a work
environment in which sexually explicit material and/or jokes makes a person feel
uncomfortable about her or his position in the company can be said to constitute
sexual harassment.
• The somewhat subjective nature of what constitutes a “hostile environment”
• Provide examples of quid pro quo and hostile environment sexual harassment.
Newspaper or magazine articles provide excellent examples for class discussion.
• The EEOC considers an employer guilty of sexual harassment when the employer
34 Part 1: Human Resources Management in Perspective
B. Sexual Orientation
• Sexual orientation is a topic of increasing concern to employees and employers.
The issue is highlighted by the growing demands of homosexuals for
employment guarantees and benefits offered to nonhomosexual employees.
C. Immigration Reform and Control
• The Immigration Reform and Control Act, passed in 1986, prohibits a person or
organization from hiring, recruiting, or referring for a fee persons who are not
legally eligible for employment in the United States. The purpose of this law is
to control illegal entry into the United States.
D. Emerging Employment Discrimination Issues
1. Weight Discrimination–No federal law prohibits weight discrimination although
Chapter 3: Equal Employment Opportunity and Human Resources Management 35
2. Attractiveness and Discrimination – No federal law prohibits discrimination
3. Caregivers and Discrimination – While there is no federal law specifically
IV UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES
HR managers apply the Uniform Guidelines to employee selection procedures in the
areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral. The
Uniform Guidelines on Employee Selection Procedures is a publication issued to help
ensure that employers are meeting the requirements of federal antidiscrimination laws.
Review the definition of discrimination as given in the Uniform Guidelines.
1. Validity—Employers who use selection devices (i.e., tests) to choose employees
2. Adverse Impact and Disparate Treatment
• Adverse impact is an important term in the EEO area, and students should
• There are two ways that adverse impact can exist:
a. Adverse Rejection Rate, or Four-Fifths Rule
• Students should understand how the four-fifths rule is determined by
reviewing the appendix at the end of this chapter.
36 Part 1: Human Resources Management in Perspective
b. Restricted Policy. An employment policy, intentional or unintentional,
that excludes members of a protected class is a restricted policy. Have
students identify organizational policies that might restrict the employment
3. Workforce Utilization Analysis
• Workforce utilization analysis is a comparison of the employer’s internal
workforce with that of the external labor market. This concept simply
V. ENFORCING EQUAL EMPLOYMENT OPPORTUNITY LEGISLATION
Figure 3.5 and 3.6 plus Highlights in HRM 3 will be useful in your discussion of EEO
legislation.
• The federal agency responsible for enforcing equal employment opportunity is the
A. The Equal Employment Opportunity Commission
• The EEOC consists of five commissioners and a general counsel appointed by
the president of the United States and confirmed by the U.S. Senate.
Chapter 3: Equal Employment Opportunity and Human Resources Management 37
B. Record-Keeping and Posting Requirements
• Organizations subject to Title VII are required by law to maintain various
employment records and reports. Employers must also post selected EEO notices.
C. Processing Discrimination Charges
• When discussing this section, it is important that students understand the steps
D. Retaliation
Employees have a legal right to file discrimination charges. Therefore, managers
E. Preventing Discrimination Charges
• Preventing discrimination begins with a comprehensive EEO policy. This policy
should list all EEO laws with examples and guidelines for preventing all forms of
VI. AFFIRMATIVE ACTION AND DIVERSITY MANAGEMENT
Figure 3.7 and Highlights in HRM 4 and 5 will be useful in your discussion of affirmative
action and diversity.
Affirmative action requires employers to comply with antidiscrimination laws and also to
correct past discrimination practices. Affirmative action is achieved by having employers
38 Part 1: Human Resources Management in Perspective
• Affirmative action programs are established either through (1) employer goodwill,
(2) court order, or (3) required OFCCP provisions. Formally established
A. Court Decisions
• University of California Regents v Bakke (1978)—Stress to students that the
Bakke case is important because it is one of the most famous reverse
discrimination cases. The case was filed by Allen Bakke, a white male, when he
was denied admission to the medical school at the University of California at
• United Steelworkers of America v Weber (1979)—This case represents a
challenge to a voluntary affirmative action plan established to increase the
number of black workers in craft jobs in Kaiser’s Louisiana plant. The charge was
filed by Brian Weber when he was passed over for craft training in favor of less–
senior black employees.
B. Beyond Affirmative Action: Leveraging Diversity
Diversity and affirmative action elicits various opinions and feelings from students.
Hold a class debate on what students believe are the pros and cons of deliberately
Chapter 3: Equal Employment Opportunity and Human Resources Management 39
ANSWERS TO END–OF-CHAPTER DISCUSSION QUESTIONS
1. Although the United States has long prohibited racial discrimination in employment, it was
and (3) published studies highlighting the economic problems of women, minorities, and
other disadvantaged groups.
3. Highlights in HRM 4 in the textbook list the components of an effective sexual harassment
policy.
4. The Uniform Guidelines on Employee Selection Procedures is published to assist
organizations covered by Title VII of the Civil Rights Act to comply with the requirements
5. The EEOC has adopted the 4/5 rule as a statistical method to determine the initial validity of
adverse impact discrimination charges. According to the uniform guidelines, a selection
program, hiring, promotion, training, etc. has an adverse impact when the selection rate for
any racial, ethnic, or gender class is less than four-fifths (or 80%) of the rate of the class with
6. The EEOC requires covered employers, with 100 or more employees, to file the EEO-1
report annually. This comprehensive report requires employers to list the race/ethnicity or
7. Nancy has 180 days from alleged discrimination (300 days in deferral states) to file a
charge of discrimination. Figure 3.6 in the textbook illustrates the steps followed by the
40 Part 1: Human Resources Management in Perspective
8. Proponents of affirmative action argue that it corrects past patterns of discrimination and
forces organizations to take a proactive approach to hiring and promoting protected class
members. Affirmative action programs help organizations become socially responsible.
Sexual Harassment: A Frank Discussion
The intent of this exercise is to promote a frank and open discussion of this
emotional and legal topic. Encourage participants to freely express their
opinions.
1. As defined by the EEOC, Type I sexual harassment, also called quid pro quo
sexual harassment, happens when submission of sexual activity is directly tied to
offers of employment or penalty, such as denial of a promotion. Offers of salary
increases, promotions, additional training, or other positive employment benefits
2. The number of reported sexual harassment charges by the EEOC is significant.
See Figure 3.4 in the text. Another large number of cases can be reported and
resolved through an organization’s internal complaint procedure. It is also reported
Chapter 3: Equal Employment Opportunity and Human Resources Management 41
3. Contents of the training sessions should cover at a minimum the EEOC’s
definition of sexual harassment and Type I and Type II sexual harassment cases.
ANSWERS TO USING THE INTERNET ACTIVITIES
Internet Exercise #1, page 104
Question:
Visit the EEOC website and review the laws and guidelines regarding religious discrimination.
How do these laws compare with other types of discrimination?
Answer:
Religious discrimination involves treating a person (an applicant or employee) unfavorably
Internet Exercise #2, page 106
AARP
42 Part 1: Human Resources Management in Perspective
Question:
Every two years, AARP Employer Resources Center publishes “The Best Employers for
Workers over 50”. Review the most recent listing and list the top ten employers and their
respective industries. Are you surprised by any of the findings?
Answer:
The 2009 Best Employers for Workers over 50 are listed below, followed by the company’s
industry:
Chapter 3: Equal Employment Opportunity and Human Resources Management 43
VIDEO CASE DISCUSSION GUIDE
Students may choose to answer this in a number of ways. Some may say that a diverse workforce
is a more satisfied, content workforce who will be more productive and perform at a higher
level of excellence. Some may also say that the policy attracts a higher caliber of employees.
And still others may say that diversity in the workforce will allow the company to have
better insight into the tastes and needs of all of their customers.
NOTES FOR END–OF-CHAPTER CASE STUDIES
Case Study 1: Going to the Dogs
1. Answers will vary but this should produce a lively discussion. You might begin by asking
your students how many of them have a pet or have had one at some time. Have they ever
Case Study 2: Misplaced Affections: Discharge for Sexual Harassment
1. The EEOC defines sexual harassment to include not only overt acts of sexual misconduct but
also employee actions that have the effect of creating an intimidating, hostile, or offensive
2. The EEOC will consider sexual harassment complaints on a case-by-case basis.
Furthermore, all aspects of the incident will be considered. While the actual conduct of the
44 Part 1: Human Resources Management in Perspective
3. Some students might decide that discharge was warranted. Others may believe that
termination was overly harsh and that a suspension or a written reprimand would have been
a more appropriate penalty. Those students who elected to overturn the discharge might cite
the employee’s good work record, the short time period over which the incidents happened,
4. Unfortunately, there is no precise statutory definition of service animal nor is there
informative case law in this area. Nevertheless, employees with depression, anxiety, and
other psychiatric conditions are seeking to bring their animals to work to alleviate their
symptoms. However, “companion animals” may not be trained to perform tasks to