CHAPTER 3
EQUAL EMPLOYMENT OPPORTUNITY AND
HUMAN RESOURCES MANAGEMENT
CHAPTER OUTLINE
3.1a Changing National Values
3.2 Government Regulation of Equal Employment Opportunity
3.2b Other Federal Laws and Executive Orders
3.3 Other Equal Employment Opportunity Issues
3.3b Sexual Orientation
3.3d Emerging Employment Discrimination Issues
3.5 Enforcing Equal Employment Opportunity Legislation
3.5b Processing Discrimination Charges
3.6 Affirmative Action and Diversity Management
3.6b Beyond Affirmative Action: Leveraging Diversity
LEARNING OUTCOMES
After studying this chapter, students should be able to:
1. Describe the major equal employment opportunity (EEO) laws related to age, gender,
2. Explain how the Uniform Guidelines on Employee Selection Procedures were developed
3. Understand Equal Employment Opportunity Commission (EEOC) record-keeping and
4. Explain what affirmative action is and how companies today are seeing the value of
voluntarily having diverse workforces.
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GENERATING INTEREST
Because the news constantly runs stories related to many chapter topics, this is one of the
easier chapters to spark student interest by using the hook of a current news story.
DEALING WITH TROUBLE SPOTS
With the overwhelming number of federal, state, and local EEO laws; Supreme Court
decisions; executive orders; and the like, it is sometimes difficult for students to motivate
themselves to even begin the process of trying to grasp this material. Acknowledging this
fact up front is helpful, followed by an explanation that this one chapter is not designed to
turn them into EEO legal experts. Instead, they should focus on the following:
• Increasing their awareness and understanding of what equal employment
LECTURE OUTLINE
Discussion Starter #1: What are some other ways that companies can foster diversity within their
organizations?
Even unintentional discrimination can be illegal, which makes fair employment an
important human resources topic. Equal employment opportunity (EEO) is the
treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—
in a fair and nonbiased manner.
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Teaching Tip: Use Figure 3.3 to discuss protected classes. Ask students why a class might need to be
protected.
Several major federal laws are intended to prevent discrimination.
Equal Pay Act of 1963
Jobs are equal when they require substantially the same skill, effort, and
responsibility under similar working conditions and in the same establishment.
Civil Rights Act of 1964
Title VII bars employment discrimination in all HR activities and created the
EEOC. The EEOC has issued important guidelines on national origin
discrimination. A “national origin group” is defined as a group of people sharing a
common language, culture, ancestry, and/or similar social characteristics.
A bona fide occupational qualification (BFOQ) is a suitable defense against a
Teaching Tip: Use Figure 3.4 to discuss major laws. Ask students to identify the protected class for
each law.
Video Highlight #1: Section 3.2a: Major Federal Laws
VIDEO: Why Aren’t More Women in C-Suite Jobs? (3:10)
Teaching Tip: Use Figure 3.5 to discuss bona fide occupational qualification (BFOQ). Ask students to
suggest examples of situations where a BFOQ is permitted.
Chapter 3: Equal Employment Opportunity and Human Resources Management 5
Amendments to the Civil Rights Act of 1964
Several amendments have been made to the Civil Rights Act of 1964:
• Equal Employment Opportunity Act of 1972
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act (ADEA) prohibits specific
employers from discriminating against employees and applicants age 40 or older.
Amendments to the ADEA
The Older Workers Benefit Protection Act of 1990 specifically prohibits
employers from denying benefits to older employees except in limited
circumstances.
Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act amended the Civil Rights Act of 1964 by
Americans with Disabilities Act of 1990
This act prohibits employers from discriminating against individuals with
Teaching Tip: Use Figure 3.6 to discuss ways to make workplaces more accessible. Ask students to
identify accessibility problems that they have seen or experienced.
Amendments to the ADA
The Americans with Disabilities Act Amendments Act broadened the definition
of what constitutes a disability.
Genetic Information Nondiscrimination Act of 2008
The Genetic Information Nondiscrimination Act (GINA) protects people’s genetic
information.
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Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA)
Under this act, people who enter the military for a total of five years can return to
their private-sector jobs without risk of loss of seniority or benefits.
Amendments to the USERRA
3.2b Other Federal Laws and Executive Orders
Executive orders affect individuals employed by government contractors. Because
many large companies have government contracts, many people are affected.
Teaching Tip: Use Figure 3.7 to discuss federal laws and executive orders that apply to government
agencies and government contractors.
Vocational Rehabilitation Act of 1973
This act required private employers with federal contracts over $2,500 to take
Executive Order 11246
This order prohibits discrimination based on race, color, religion, sex, or national
origin in all employment activities. Don’t Ask, Don’t Tell Repeal Act of 2010
ended the ban on gay, lesbian, or bisexual persons openly serving in the U.S.
military.
3.2c Fair Employment Practice Laws
3.3 Other Equal Employment Opportunity Issues
Supervisors and managers should be familiar with important issues that affect the
workplace.
3.3a Sexual Harassment
Sexual harassment is unwelcome advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature in the working environment. Two
forms of sexual harassment are illegal under Title VII:
Chapter 3: Equal Employment Opportunity and Human Resources Management 7
• Quid pro quo harassment (submission to or rejection of sexual conduct is
used as a basis for employment decisions)
Video Highlight #2: Section 3.3a: Sexual Harassment
VIDEO: Sexual Harassment in the Workplace (4:56)
This video describes sexual harassment in the workplace—how to recognize it, establish procedures
3.3b Sexual Orientation
Managers and supervisors should know and follow the legal rights of the LGBTQ
community in their geographic area. Regardless of any state or local laws,
Teaching Tip: Use Figure 3.8 to discuss laws in your geographic area pertaining to sexual orientation
and gender identity discrimination.
3.3c Immigration Reform and Control
Employers must comply with the requirements of the Immigration Reform and
Control Act (IRCA). The law has two employer mandates:
• All employers covered by the law are prohibited from knowingly hiring or
retaining unauthorized aliens on the job.
Employers must take the following actions to comply with the law:
• Have employees fill out their part of Form I-9.
• Check documents establishing an employee’s identity and eligibility to
work.
Chapter 3: Equal Employment Opportunity and Human Resources Management 9
Workforce Utilization Analysis
Workforce utilization analysis is a process of classifying protected-class members by
number and by the type of job they hold within the organization.
EOC Discussion Question #2: What is the Uniform Guidelines on Employee Selection
Procedures? To whom do the guidelines apply? What do they cover? Joe Alverez has filed a
3.5 Enforcing Equal Employment Opportunity Legislation Figure 3.9
The EEOC ensures that covered employers comply with equal employment opportunity
legislation in two ways:
• Issue various employment guidelines and monitoring the employment practices of
organizations.
3.5a Record-Keeping and Posting Requirements
Organizations subject to Title VII must maintain specific employment records and
reports.
3.5b Processing Discrimination Charges
The first step after experiencing discrimination is filing a charge form with the
Teaching Tip: Use Figure 3.9 to walk through the process of handling a discrimination charge. Ask
students why an employee would not file a charge form.
3.5c Preventing Discrimination Charges
A comprehensive EEO policy and management training can help prevent
discrimination. A comprehensive training program will include the following
topics:
• The prohibitions covered in the various EEO statutes and executive orders
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Discussion Starter #2: Understand how the EEOC affects companies and what you must do as a
manager to appropriately respond to the administrative rules and regulations published in the
Federal Register. As a marketing manager, you have recently turned down Nancy Conrad for a
position as sales supervisor. Nancy believes the denial was due to her gender, and she has filed a
sex discrimination charge with the EEOC. Explain the steps the EEOC will use to process the charge;
include Nancy’s options during the process.
EOC Discussion Question #3: Understand how the EEOC affects companies and what you must
do as a manager to appropriately respond to the administrative rules and regulations published
in the Federal Register.
As a marketing manager, you have recently turned down Nancy Conrad for a position as sales
supervisor. Nancy believes the denial was due to her gender, and she has filed a sex
discrimination charge with the EEOC. Explain the steps the EEOC will use to process the
charge; include Nancy’s options during the process.
3.6 Affirmative Action and Diversity Management Figure 3.10
Affirmative action is a policy that goes beyond equal employment opportunity by
3.6a Court Decisions
The 1970s saw two leading cases of reverse discrimination, University of
3.6b Beyond Affirmative Action: Leveraging Diversity
Diversity is important in the workplace. The steps toward leveraging people’s
differences involve seeing, understanding, and valuing them.
Chapter 3: Equal Employment Opportunity and Human Resources Management 11
Teaching Tip: Use Figure 3.10 to discuss how diversity can be leveraged in the workplace. Ask
students how diversity can benefit the employer.
Discussion Starter #3: Affirmative action is both a legal and emotional issue affecting employees
and employers. Develop as many arguments as you can both supporting and opposing affirmative
action as an employer policy. If you were asked to implement such a program, what steps would
you follow?
ANSWER: Proponents of affirmative action argue that it corrects past patterns of discrimination and
EOC Discussion Question #4: Affirmative action is both a legal and emotional issue affecting
employees and employers. Develop as many arguments as you can both supporting and opposing
affirmative action as an employer policy. If you were asked to implement such a program, what
steps would you follow?
ANSWERS TO END-OF-CHAPTER DISCUSSION QUESTIONS
1. Equal employment opportunity as a national priority has emerged slowly in the United
States. Three factors seem to have influenced the growth of EEO legislation: (1) changing
attitudes toward employment discrimination; (2) published reports highlighting the
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© 2019 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Additional federal laws applicable to federal contractors and agencies are listed in Figure
3.7. They include Vocational Rehabilitation Act of 1973, Executive Order 11246, and
Executive Order 11478.
Highlights in HRM 2 in the textbook lists the components of an effective sexual
harassment policy in the form of some sample questions that firms can ask their
employees to gauge their knowledge of the topic.
2. The Uniform Guidelines on Employee Selection Procedures is a procedural document
published in the Federal Register to help employers comply with federal regulations
against antidiscriminatory actions. The Guidelines is designed to help employers, labor
organizations, employment agencies, and licensing and certification boards to comply
3. Nancy has 180 days from the alleged discrimination to file a charge of discrimination.
Figure 3.9 illustrates the steps followed by the EEOC when processing a charge of
4. 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
classes. Affirmative action programs help organizations become socially responsible.
Those against affirmative action believe it is a form of reverse discrimination. They argue
Chapter 3: Equal Employment Opportunity and Human Resources Management 13
HRM EXPERIENCE
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 are examples of
2. The number of reported sexual harassment charges by the EEOC is significant. Another
large number of cases can be reported and resolved through an organization’s internal
3. The training sessions should cover, at a minimum, the EEOC’s definition of sexual
harassment and Type I and Type II sexual harassment cases. Examples of various forms
of sexual harassment should be provided. Other material could include the organization’s
14 Part 2: Meeting Human Resources Requirements
NOTES FOR END-OF-CHAPTER CASE STUDIES
Case Study 1: Going to the Dogs
1. Students’ answers will vary, but this should produce a lively discussion. Instructors might
begin by asking their students how many of them have a pet or have had one at some
time. Have they ever been employed some place where one can bring his or her pet to
2. Student answers will vary. One possible approach might involve employee participation
in recommending a pet policy that would be satisfactory to all stakeholders.
If the person claims the animal is a service animal trained to perform specific tasks, the
3. Students’ answers will vary. 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
Chapter 3: Equal Employment Opportunity and Human Resources Management 15
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,
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
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
FLIP TIPS
Group Activity
Divide into small groups. Summarize a provision of the EEOC’s Uniform Guidelines.
Present your summary to the class. Include the following information in your summary:
• Identify the changes that have been brought in the law and the cause for these
changes.