Equal Employment Opportunity and Human Resources Management

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CHAPTER 2

EQUAL EMPLOYMENT OPPORTUNITY
AND HUMAN RESOURCES MANAGEMENT

In this chapter you will learn how managers must be constantly aware of the laws and regulations governing the employment relationship. This is true for both federal and state regulations. Many of these laws concern the fair and equal employment of protected classes of workers, although equal employment opportunity (EEO) laws pertain to all members of the labor force. You will understand from this chapter that equal employment opportunity laws cover all aspects of employment, including recruitment, selection, training, promotion, and compensation. In hiring or supervision employees, you will know to give careful attention to the application of equal employment opportunity laws and regulations to prevent charges of discrimination. Finally, you will be able to distinguish how protected classes can sustain a charge of adverse impact, how an employer can establish a defense of adverse impact, and how the employer should establish an affirmative action program.

LEARNING OBJECTIVES

After studying this chapter you should be able to

[pic]Explain the reasons behind the passage of equal employment opportunity legislation.

[pic]Prepare an outline describing the major laws affecting equal employment opportunity. Describe bona fide occupational qualification and religious preference as equal employment opportunity issues.

[pic]Discuss sexual harassment and immigration reform and control as equal employment opportunity concerns.

[pic]Explain the use of the Uniform Guidelines on Employee Selection Procedures. [pic]Provide examples illustrating the concept of adverse impact and apply the four-fifths rule.

[pic]Discuss significant court cases impacting equal employment opportunity.

[pic]Illustrate various enforcement procedures affecting equal employment opportunity.

[pic]Describe affirmative action and the basic steps in developing an affirmative action program.

CHAPTER SUMMARY RELATING TO LEARNING OBJECTIVES

Employment discrimination against blacks, Hispanics, women, and other groups has long been practiced by U.S. employers. Prejudice against minority groups is a major cause in their lack of employment gains. Government reports show that the wages and job opportunities of minorities typically lag behind those for whites. Factors that have influenced the growth of equal employment opportunity legislation: changing attitudes toward employment discrimination, published reports highlighting the economic problems of women, minorities, and older workers, and a growing body of disparate laws and government regulations covering discrimination.

Some of the significant laws that have been passed barring employment discrimination are: • The Equal Pay Act of 1963 outlaws discrimination in pay, employee benefits, and pensions based on the worker’s gender. • Title VII of the Civil Rights Act of 1964 is the broadest and most significant of the antidiscrimination statues. The act bars discrimination in all human resources activities, including hiring, training, promotion, pay, employee benefits, and other conditions of employment. Discrimination is prohibited on the basis of race, color, religion, sex, or national origin. • Age Discrimination in Employment Act of 1967 prohibits private and public employers from discriminating against persons 40 years of age or older in any area of employment because of age; exceptions are permitted where age is a bona fide occupational qualification. • Equal Employment Opportunity Act of 1972, amended Title VII of Civil Rights Act of 1964, it strengthens Equal Employment Opportunity Commission’s enforcement powers and extends coverage of Title VII to government employees, employees in higher education, and other employers and employees. • The Pregnancy Discrimination Act of 1978 broadens the definition of sex discrimination to include pregnancy,...
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