Management Chapter 3 Equal Employment Opportunity Older Workers Benefit Protection Act This Law Amendment

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Chapter 3: Equal Employment Opportunity

or accent, are increasing in number, with the EEOC providing new guidance about this

3-9b. Immigration Reform and Control Act

• The influx of immigrants has led to extensive political, social, and employment-related

debates.

3-9c. Language Issues

3-9d. Military Status Protections

• The employment rights of military veterans and reservists have been addressed in

several laws.

3-9e. Appearance and Weight Discrimination

• Court decisions consistently have allowed employers to set dress codes and appearance

3. Give an example of sexual harassment you may have witnessed or heard about. If you had

been the HR manager, how would you have handled the situation?

Students’ examples and solutions to the harassment will differ. If the student provides a

long-term solution, a preventative approach should be used. It should include the following

elements:

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.

Case: Hilton Turns to Veterans to Staff the Ranks

Hilton Worldwide has identified a great talent pool in military veterans and seeks to incorporate

their unique skill sets into its own business—a task that needs a proper understanding of the

nature of the recruits and a modification of standard recruiting policies and techniques.

1. What kinds of characteristics do you think veterans have that help them work effectively in

companies? Why do you think veterans are sometimes overlooked in recruiting efforts?

Chapter 3: Equal Employment Opportunity

recruit veterans or do not understand how to properly hire them. Misconceptions about

veterans, as well as a lack of awareness of their key traits and cultural differences between

the military and corporate life, could be some of the reasons why companies are reluctant

to hire veterans.

2. How would you evaluate Hilton’s strategy for recruiting veterans? What other suggestions

would you provide the company?

Supplemental Cases

Conflict over an Employee’s Pregnancy at UPS

This case outlines how pregnant employees can be offered workplace accommodations that are

both reasonable and fair, similar to those provided to individuals with physical or mental

challenges. (For the case, visit MindTap® at www.cengage.com/login.)

1. What can HR professionals do to mitigate concerns about pregnancy discrimination in the

workplace? What does the law say companies need to do to avoid violating the rights of

pregnant employees?

2. If you were an HR manager at UPS, how would you have handled the situation described

in the case? How could the employee’s immediate manager have handled the situation

differently?

Chapter 3: Equal Employment Opportunity

Worker Exploitation at Foxconn/Hon Hai

This case discusses how labor laws in China provide limited protection for workers, raising

ethical concerns when U.S. companies do business with firms located there. (For the case, visit

1. What obligation does a company like Apple or HP have to ensure that suppliers follow the

local labor laws? What should Apple do if it discovers that the supplier is not in

compliance with those laws?

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 around the world, what standard

should be used to evaluate labor practices?

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 will vary. However, students can include the following points in their

responses.

Keep on Trucking

This case illustrates the problems that can be associated with the use of employment tests that

1. If you were an EEO investigator, how would you evaluate this selection procedure?

2. Which requirements might be viewed as job-related?

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 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

This case shows the problems Mitsubishi had with sexual harassment in the United States. (For

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 enforcing a zero-

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 case

Religious Accommodation?

This case shows how companies must deal with employees from many cultures and religions.

1. What is the legal basis for the EEOC to hold that JBS-SWIFT had violated the employee’s

civil rights?

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?

Chapter 3: Equal Employment Opportunity

consider different alternatives to try to find a solution that would be acceptable to all

workers.

Extra Teaching Video

On the Job Video: Jet Blue—Diversity

This short video will help reinforce key points and may prompt additional discussion from the

class.

Suggested Discussion Questions

1. Robert Bilak, the Director of Crew Relations and Compliance at Jet Blue, says that “we do

have specific regulations we need to follow from the EEOC, the Department of Labor, and

governing bodies.” But Bilak goes on to say “JetBlue goes above and beyond to be able to

take those regulations and then turn them into something that fits with our culture.” Explain

what kinds of regulations the EEOC and Department of Labor might enforce, and how

JetBlue goes beyond those regulations.

2. Tori Lucas, an analyst on the talent management team at JetBlue, says that she handled a

situation between a customer and a service agent that could have turned into a problem.

What did Lucas do, and how did her problem differ from the language issues that most

managers might encounter in the workplace today?

Chapter 3: Equal Employment Opportunity

based on customer appearance, which will help to avoid biased actions in the future.

In many organizations today, employees are asked to speak only English while at work.

This can cause problems, especially if employees do not speak English as a native

language. Airlines are somewhat different because they want their employees to

communicate with customers in whatever language the customer is comfortable with. Tori’s

story simply shows the importance of not letting a choice of language be determined by

bias on the employee’s part, but rather by a need or desire on the part of the customer.

3. Tori Lucas describes the “respectful workplace” training program sponsored by JetBlue.

To what extent does this training program incorporate the three components of traditional

diversity training? Do you think the training program will be effective or ineffective and

why?