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CHAPTER FOURTEEN
CHAPTER OBJECTIVES
► Know the implications of the Age Discrimination in Employment Act.
► Understand how the American with Disabilities Act affects employment practices.
► Be aware of basic case law in employment discrimination.
KEY TERMS
Distributive justice Title VII of the Civil Rights Act of 1964
American with Disabilities Act Age Discrimination in Employment Act
Negative stereotyping Stigmatization
Equal Pay Act Quid pro quo sexual harassment
Hostile work environment Harris v. Forklift Systems, Inc.
LECTURE NOTES
Forensic Psychology in the Workplace
Employment Discrimination: Three Eras
The 1960's
With the advent of the civil rights movement, the Supreme Court often considered opportunities
for minorities. An example would be whether educational qualifications, such as requiring a
high school education for an unskilled laborer job, adversely affected the employment
opportunities of minority applicants.
The 1970’s
With the advent of the women’s movement, the Supreme Court often considered gender issues.
The 1980's
Affirmative action issues were the focus of the Supreme Court’s attention.
The 1990's
The Supreme Court considered controversies over how the equal employment opportunity laws
Some Sources of Federal Regulation
Title VII of the Civil Rights Act
Title VII of the Civil Rights Act prohibits an employer from discriminating against an individual
on the basis of race, color, sex, national origin, or religion with respect to hiring, discharge,
The Americans with Disabilities Act
Title I of the Americans with Disabilities Act (“ADA”) prohibits both public and private
employers from discriminating in employment against persons with physical or mental
disabilities (which may include "intellectual" impairments). The EEOC and the Department of
Justice enforce the ADA. The ADA requires employers to make reasonable accommodation to
The defense claimed, however, that the results of the MMPI were never evaluated by a
psychologist nor was a psychological interview part of the process. Based on their scores, the
Karrakers were not considered for promotion. They sued, contending that the use of a test which
reveals the presence of psychopathology and personality disorders violated the ADA.
After reversing the district court, the appeals court ruled that the administration of the Minnesota
Multiphasic Personality Inventory (MMPI) conducted as part of a management test was an
inappropriate and invasive “medical examination” that violated the ADA even though the
The Age Discrimination in Employment Act
The Age Discrimination in Employment Act prohibits discrimination on the basis of age against
employees 40 or older.
The Equal Pay Act
The Equal Pay Act provides for equal pay for equal work performed by both sexes working in
the same establishment. The Act prohibits discrimination on the basis of sex with respect to
wages paid for equal work on jobs that require equal skill, effort, and responsibility, performed
under similar
working conditions.
The Relevant Concepts Underlying most forms of Discrimination
Negative Stereotyping
Negative stereotyping refers to the belief that most or all members of a group subject to
Stigmatization
Stigmatization refers to a distrust, fear, embarrassment, and even avoidance of persons with
Psychological Discomfort
Psychological discomfort refers to feelings of disgust or repugnance that some people experience
when interacting with or even being close to persons with disabilities.
Paternalism and Pity
Closely linked to psychological discomfort are the concepts of Paternalism and Pity, which are
Discrimination manifests itself in Three Basic Forms
Overt discrimination
Overt discrimination refers to discrimination that is readily apparent, visible, and observable and
Subtle discrimination
Subtle discrimination refers to the unequal and harmful treatment of people that may be visible
but often not noticed because members of the discriminated group have somehow “internalized”
Covert discrimination
Covert discrimination refers to the harmful treatment of members of certain groups that is hidden
and very difficult to prove or document. Because subtle and covert discrimination are more
difficult to see, document, and remedy, they may last longer and be resistant to change.
Sexual Harassment
Sexual harassment is defined by The Equal Employment Opportunity Commission (EEOC) as:
Quid Pro Quo Sexual Harassment
This type of sexual harassment refers to situations in which the employment of persons is made
Hostile Work Environment Sexual Harassment
This type of sexual harassment describes circumstances in which remarks, insults, or intimidation
create an abusive atmosphere and make the work environment intolerable.
Same-sex Sexual harassment
In Oncale v. Sundowner Offshore Services, Inc. (1998), the Supreme Court held that sex
discrimination consisting of same-sex sexual harassment is actionable under Title VII,
and that Title VII protects men as well as women.
Prevalence of Sexual Harassment
A survey by the federal government of 20,000 federal employees found that 42 percent of female
workers had experienced at least one incident of sexual harassment at work during the previous
two years (Brownmiller & Alexander. 1992).
and that these numbers are even higher in the armed forces reaching a high of 64% of females in
1995 in the U.S. Marine Corps (McAllister, 1995).
Personality and Harassers
There has been some research linking the personality trait of authoritarianism with sexual
harassment (Begany & Milburn, 2007).
Consequences of Sexual Harassment
Researchers have shown convincing evidence that sexual harassment often has serious
and negative impacts on women's physical and emotional health, and the more intense the
Ways Psychologists can Help
Sometimes a victim of sexual harassment may exhibit behaviors which are difficult for a
jury to understand. It is frequently up to the psychologist to offer expert testimony explaining
these reactions. For example, the forensic expert may explain how victims often remain silent in
the face of harassment out of financial necessity, fear of retaliation, intimidation, a sense of
clarify these issues, put them in perspective, and offer psychological evaluations when
appropriate.
Workplace Violence
Violence committed in the Workplace is generally perpetrated by Five Categories of
People: Criminals, Terrorists, Impulsive fighters, Resentful and Disgruntled employees,
and Stalkers.
(Some if these types are described elsewhere in the text)
The Resentful and Disgruntled Employee
The typical disgruntled workplace killer is in his 30s or 40s. He is usually about to be fired or
laid off (or believes that this will be fired or laid off). Whereas an employee in his 20s can
usually find other work at an entry level, a middle-age man may find himself suddenly
unemployed at a time he is “expected” to be at the peak of his career. This is one of the reasons
The Stalker Type of Violent Employee
Workplace violence which involves stalking is similar to a sexual obsession. Sexual obsession is
sometimes called love obsession or romantic stalking, and usually involves a spurned ex-lover or
spouse whose primary motivation is revenge, or a severely disturbed individual who experiences
unrealistic fantasies or even a delusional disorder where he firmly believes that the victim is in
Location of Workplace Violence
Most violence occurring in taxicabs, liquor stores, and convenience stores are associated with
Business and government offices are prime targets for acts of revenge built on feelings of
frustration and perceived neglect of one form or another. In restaurants customers expect good
service, value for their money, and to get it quick. The fast-food industry generally consists of
low-end, low-wage, time-consuming, stressful jobs that are demeaning and degrading. These
kinds of establishments are breeding grounds for harassment, specifically co-worker harassment.
The Effects of Workplace Violence
Employees do not function well when they are frightened, anxious or disturbed by violent
incidents or threats of violence.
Contributions of Psychologists
Pre-employment Screening
Prior to extending an offer of employment the following should be checked as part of a thorough
background screening: references; educational credentials; employment history and performance;
professional licenses or certification (if relevant); motor vehicle history; and criminal
background.
1. Personnel Assessment Form (PAF)
2. Employee Screening Questionnaire (ESQ)
Clinicians should assure that no items are offensive, invasive, or deal with religious preferences
or sexual orientation. And finally, federal law prohibits employment practices which
discriminate on grounds of race, color, religion, sex, and national origin. Any testing regimen
selected must be shown not to have an adverse impact on any race, sex, or ethnic group.
Developing Policies and Procedures
It is always preferable for employers to be prepared ahead of time for potentially violent
employees and crisis situations. A psychological consultant may help by developing a formal
Risk Reduction Programs and Interventions
Despite any amount of support and proactive measures which may be taken, employees will
always have to be disciplined. Psychologists can also assist in these situations. For example, a
model of employee discipline called discipline without punishment (DWP), developed by Grote
(1995) and Grote & Harvey (1983) treats each worker like an adult who is worthy of respect. The
Crisis Management
The ideal Crisis Management Team should consist of a member of executive management along
with a management member from human resources, security, and risk management. There
should also be a legal advisor, a psychologist, and possibly an employee representative. This
The Crisis Management Team should meet regularly. Once a workplace violence program is
developed and in place, it must undergo continuous review.
In the immediate aftermath of a workplace violence incident, available personnel must
demonstrate concern and caring for those who have been harmed by the trauma. Workers
must know that management will do everything possible to care for those affected by the
trauma.
SUMMARY
Distributive justice refers to how available rewards are distributed or divided up among
members of society. Employment litigation and discrimination lawsuits are in many ways based
on perceived unfairness in a society’s distributive justice scheme. Employment discrimination
can generally be broken down to factors of race, sex and gender, age, religion, disability, national
origin, and sexual orientation. The most important sources of federal legislation that impose
equal employment opportunity obligations on employers are Title VII of the Civil Rights Act,
the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal
demands. The second is hostile work environment harassment in which remarks, insults, or
intimidation operate to create an abusive atmosphere in the workplace. There has been some
research suggesting that the personality trait of authoritarianism is linked with those who
sexually harass. One way psychologists can help ameliorate the effects of sexual harassment is
by performing mediation between parties.
REVIEW QUESTIONS
1. What is the meaning of “distributive justice”?
2. What kinds of practices are prohibited by Title VII of the Civil Rights Act of 1964?
6. How is psychological discomfort and paternalism related to discrimination?
7. What is quid pro quo sexual harassment?
8. How is authoritarianism related to sexual harassment.
