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Chapter 3: Equal Employment Opportunity
Chapter 3: Equal Employment Opportunity
Table of Contents
Chapter Summary
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Learning Objectives
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Lecture Outline
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Critical Thinking Challenges
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Case: Hilton Turns to Veterans to Staff the Ranks
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Supplemental Cases
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Extra Teaching Video
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Chapter Summary
Chapter 3 provides an overview of equal employment opportunity. It starts by discussing the
government agencies that enforce the equal employment opportunity regulations. The chapter
then presents general concepts about equal employment opportunity. Next, it discusses broad-
based discrimination laws. The subsequent sections highlight the different types of
discrimination: sex and gender discrimination, sexual harassment, disability discrimination, age
Learning Objectives
After students have read this chapter, they should be able to accomplish the following objectives:
• Identify the major government agencies that enforce employment discrimination laws.
• Outline key provisions in the Civil Rights Acts of 1964 and 1991 and compare the two
theories of unlawful employment discrimination.
The chapter opens with a feature describing the current trends in equal employment opportunity.
Trends include recognizing workplace discrimination, educating employees about sexual
harassment, providing reasonable accommodation for workers who need it, and capitalizing on
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Chapter 3: Equal Employment Opportunity
diversity.
Lecture Outline
3-1. The Nature of Equal Employment Opportunity
• Unlawful discrimination occurs when employment decisions are made on the basis of
protected characteristics, which are individual attributes such as race, age, sex, disability,
or religion that are protected under equal employment opportunity laws and regulations.
3-1a. Sources of Regulation and Enforcement
• Federal statutes enacted by Congress form the backbone of the regulatory environment,
but state and city governments also enact laws governing activity within their regions.
HR Headline: Dupont Helps Employees Challenged by Mental Illness
Untreated mental illness in the workplace is a challenge for HR to figure out both how
to minimize cost and how to help and accommodate employees with mental disorders.
Dupont, for example, has taken proactive steps to support such employees, including
global training to help coworkers identify when colleagues are in distress. HR
professionals need to consider issues surrounding mental illness in the workplace and
establish guidelines.
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3-2. Theories of Unlawful Discrimination
• The following are the two types of unlawful employment discrimination.
o Disparate treatment occurs when individuals with particular characteristics that are
3-2a. Equal Employment Opportunity Concepts
• The four key concepts of EEO are business necessity and job relatedness, bona fide
occupational qualification, burden of proof, and nonretaliatory practices.
Teaching Tip: Use Figure 3-2 to help students visualize the four key EEO concepts.
• Business necessity is a practice necessary for safe and efficient organizational
operations.
o Educational requirements are often decided on the basis of business necessity.
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Chapter 3: Equal Employment Opportunity
3-3. Broad-Based Discrimination Laws
3-3a. 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 it defines prohibited employment
practices.
• Title VII, as amended by the Equal Employment Opportunity Act of 1972, covers most
employers in the United States.
HR Competencies & Applications: What to Do When the EEOC Comes Knocking
Key Competencies: Consultation (Behavioral Competency) and People (Technical
Competency)
HR professionals must respond to the EEOC when discrimination claims are made
against their company. Companies must take all allegations seriously and respond
quickly and effectively.
1. What kinds of issues would you consider when developing policies related to
EEOC investigations? Who would you include in this development process, and
what issues do you think are the most important?
Students’ answers will vary. They should consider a wide variety of factors such
as the type of business, the history of the company, and the individuals that are
being investigated by the EEOC.
2. What other factors do you think companies should consider when dealing with
allegations of discrimination?
Students’ answers will vary. They should consider how the company could
prevent the type of discrimination that allegedly occurred.
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Chapter 3: Equal Employment Opportunity
• Any organization meeting one of the following criteria must comply with rules and
regulations that specific government agencies have established to enforce the act:
o All private employers of 15 or more employees
3-3b. Civil Rights Act of 1991
• In response to several U.S. Supreme Court decisions during the 1980s, Congress
amended the Civil Rights Act of 1964 to strengthen legal protection for employees,
Teaching Tip: Ask students to use Figure 3-3 to determine the maximum penalty for a
company with 52 employees (Answer: $50,000 maximum penalty) and a company with 320
employees (Answer: $200,000 maximum penalty).
3-3c. Executive Orders 11246, 11375, and 11478
• Executive Orders 11246, 11375, and 11478 require federal contractors to take
affirmative action to compensate for historical discrimination against women,
minorities, and individuals with disabilities.
3-3d Managing Affirmative Action Requirements
3-3e. Managing Racial and Ethnic Discrimination Issues
• Charges of racial discrimination continue to make up many of the complaints filed with
the EEOC.
© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3-4. Sex and Gender Discrimination Laws and Regulations
3-4a. Pregnancy Discrimination
• The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII to require that
3-4b. 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.
• The Lilly Ledbetter Fair Pay Act (2009) eliminates the statute of limitations for
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Chapter 3: Equal Employment Opportunity
Discussion Starter: Ask students if they have any knowledge about a situation in which or
experiences where pay equity was in question. This can include recent news stories.
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Chapter 3: Equal Employment Opportunity
related to jobs and careers.
Teaching Tip: Use Figure 3-4 to demonstrate that pay equity has remained an issue over
time.
3-4d. Sexual Orientation
• Some Americans identify themselves as being lesbian, gay, bisexual, or transgender.
3-4e. Nepotism
HR Highlight: Gender Bias Negatively Impacts Men Too
Growing evidence suggests that men may also be experiencing gender bias as managers
and other hiring professionals try to diversify the ranks of organizations. Companies
should particularly be careful about how they communicate diversity to employees, as
well as how diversity should be managed at work.
1. What specific challenges do you think men face with regard to gender bias?
Students’ answers will vary. Some challenges include unequal pay, terminations,
and sexual harassment.
2. What other strategies could be used to reduce gender biases in the workplace?
Students’ answers will vary. Employees should be educated about potential
workplace biases. Formal mentoring and sponsorship programs can also be a part
of the training process.
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© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3-4f. Consensual Relationships and Romance at Work
• Most executives and HR professionals agree that workplace romances are risky because
3-5. Sexual Harassment
• Sexual harassment is unwelcome verbal, visual, or physical conduct of a sexual nature
that is severe and affects working conditions or creates a hostile work environment.
3-5a. Types of Sexual Harassment
• The following are the two basic types of sexual harassment that have been defined by
EEOC regulations and a number of court cases:
3-5b. Sexual Harassment Causes and Issues
• Gender stereotyping in the workplace can cause sexual harassment.
3-5c. Preventing Sexual Harassment
• A preventative approach is the most effective way to reduce sexual harassment in the
workplace. Companies may avoid liability if they take reasonable care to prohibit sexual
harassment.
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Chapter 3: Equal Employment Opportunity
3-6 Disability Discrimination
• Several federal laws have been enacted to advance the employment of individuals with
disabilities and to reduce discrimination based on disability.
3-6a. Rehabilitation Act
• The Rehabilitation Act was passed in 1973 and represents the earliest law regarding
individuals with disabilities.
3-6b. Americans with Disabilities Act
HR Competencies & Applications: Develop Effective Harassment Training for Your
Employees
Key Competencies: Ethical Practice (Behavioral Competency) and People (Technical
Competency)
Given the recent high-profile cases involving workplace harassment, it is good idea for
companies to develop training that lowers concern about misconduct. Harassment training
educates employees about how this misbehavior can harm the workplace. Offering such
training should help organizations protect their employees from harassment.
1. Based on your experiences, what other kinds of challenges do you think companies
face that require harassment training?
Students’ answers will vary based on their experiences.
2. What recommendations would you have for harassment training? What topics should
be covered in this training?
Students’ answers will vary. Some may say that harassment training should be led by
a knowledgeable trainer. A posttest in the form of a survey can be incorporated to
ensure that the participants have thoroughly understood the topics covered in the
training.
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© 2020 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3-6c. ADA Amendments Act
• In 2009, Congress passed amendments to the ADA that broadened the definition of
individuals with disabilities to include anyone with a physical or mental impairment that
substantially limits major life functions without regard for the helpful effects of
3-6d. ADA and Job Requirements
• Discrimination is prohibited against individuals with disabilities who can perform the
essential job functions—the fundamental job duties—of the employment positions that
those individuals hold or desire.
Teaching Tip: Use Figure 3-6 to help students understand the difference between essential
and nonessential duties. Ask students to describe the essential and nonessential tasks for jobs
they have now or had in the past.
• For a qualified person with a disability, an employer must make a reasonable
accommodation.
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Chapter 3: Equal Employment Opportunity
Teaching Tip: Using Figure 3-7 and the students’ descriptions of essential job functions in
their jobs, ask students to suggest reasonable accommodations for the essential job functions
of jobs they have now or had in the past.
3-6e. Claims of Discrimination
• The number of disability discrimination claims filed with the EEOC each year has
increased.
Teaching Tip: Using Figure 3-8, ask students to suggest reasonable accommodations that
could be made for a variety of disabilities and jobs.
3-6f. Genetic Bias Regulations
• As medical research has revealed the human genome, medical tests have been
developed that can identify an individual’s genetic markers for various diseases.
Discussion Starter: Discuss employers’ usage of genetic information to hire or retain
employees.
3-7. Age Discrimination Laws
3-7a. Age Discrimination in Employment Act