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EEO Laws and Sexual Harassment: An Overview, Slides of Human Resource Management

An overview of various equal employment opportunity (eeo) laws, including the pregnancy discrimination act, americans with disabilities act, civil rights act, and executive order 11246. It also discusses sexual harassment, its definition, and employers' responsibilities. Various topics related to eeo, such as affirmative action, religion, and harassment, and provides examples and case studies.

Typology: Slides

2012/2013

Uploaded on 08/31/2013

devvrata
devvrata 🇮🇳

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EEO

Why Worry?

  • Motherhood Maternity. $375,000. Pregnancy (refused to hire pregnant applicants).
  • GLC Restaurants (McDonald’s franchise). $550,000. Sexual harassment (middle-aged male manager, teenaged female employees, as young as 14).
  • AT & T. $756,000. Two employees. Religion (Jehovah’s Witnesses).
  • Sheet Metal Workers’ International Association. $6.2 million. Race /

national origin.

  • Walgreen’s. $24 million. Racial discrimination in management hiring.

Executive Order 11246

  • This order forbids employment discrimination by federal government contractors and subcontractors (doing at least $10,000 business in a year)
  • Requires that Compliance Reports be filed annually
  • Further, it calls for affirmative action plans by contractors
  • Who is a government contractor?
    • Well, they employ about 22% of the workforce
    • Any bank that is a depository for federal funds or that issues and cashes U.S. Savings Bonds is a federal contractor
    • Incidentally, EO 11246 is enforced by a Department of Labor agency, the Office of Federal Contract Compliance programs (OFCCP)

Civil Rights Act (1991)

  • Clean-up law
  • Provisions:
    • Compensatory and punitive damages in cases of intentional discrimination
    • Legal fees
    • Jury trials
    • Mixed motive cases
    • The burden of proof in a disparate impact case has moved from the plaintiff (the person suing) to the defendant (the person being sued)
    • Race norming is forbidden
    • Finally, the Act extends U.S. EEO law to protects American citizens working in foreign countries for American companies

EEO Enforcement

• Equal Employment Opportunity Commission

(EEOC)

• Federal Gov’t contractors:

– Office of Federal Contract Compliance Programs

(part of Department of Labor)

• State & local gov’ts:

– Employment Litigation Section, U.S. Department

of Justice

Source: Shuit (2003).

EEO Complaints by Type and Year

0

5,

10,

15,

20,

25,

30,

35,

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

of Charges

Religion Gender National Origin Race Disability Age

Court Cases (1)

  • Griggs vs. Duke Power (1971)
    • Lack of discriminatory intent was not a valid defense against a charge of discrimination.
    • Further, selection tests must be job related if adverse impact occurs, and the employer bears the burden of proof if 4/5 rule shows that adverse impact has occurred.
  • Phillips v. Martin Marietta Corp (1971)
    • Disparate treatment issues
    • Applications were not accepted from women with pre-school aged children; men under no such burden

Court Cases (2)

  • U.S. vs. Georgia Power (1973)
    • This case addresses issues of validity; the validation strategy used must follow the Uniform Guidelines.
    • Further, the population used in the validation studies must be representative of applicant pool and must include protected classes.
  • McDonnell Douglas vs. Green (1973)
    • This case established the standards for disparate treatment.

Court Cases (4)

  • Auto Workers vs. Johnson Controls (1991)
    • Not selection procedures, but job assignment
    • Safety exception to BFOQ defense applies only when gender or pregnancy actually interferes with ability to perform job.
    • In addition, the company cannot make decisions about reproductive safety for the employee.
  • Price Waterhouse vs. Hopkins (1989)
    • Gender discrimination based on sexual stereotypes
    • “Take a course at charm school;” “walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry.”

Court Cases (5)

  • Wards Cove Packing vs. Atonio (1989)
    • In this case. a challenged employment practice needs to have a “legitimate business justification”, not be “essential” or “indispensable.”
    • Also, the plaintiff bears the burden of proof in disparate impact cases (though this was later overturned by the Civil Rights Act of 1991).
  • Harris vs. Forklift Systems, Inc., (1993)
    • Sexual harassment – the “reasonable woman” test
  • Ledbetter vs. Goodyear Tire & Rubber Co. (2007)
    • Plaintiff held to 180 day time limit on filing charges

EEO Coverage: Who’s Covered?

  • Gender
    • Pregnancy treated as other medical conditions
    • Sexual harassment
  • Race or color
  • Religion
  • National origin
  • Age (> 40)
  • Disability
  • In Federal Government: marital status, parental status, political affiliation, sexual orientation
  • State laws may add additional factors

The WalMart Suit

  • Filed in 2001 (Dukes vs. Wal-Mart Stores, Inc. )
  • Based on gender and promotions to management
    • 2/3 of employees female; only 1/3 of managers
    • Only 14% of store managers are women
  • In 2004, certified as a class action (1.5 to 1.6 million potential

plaintiffs) [as of December 2007, class action status

reaffirmed]

  • Cost to WalMart???
  • Recently….WalMart has started to release EEO-1 reports

Equal Pay Act (1963)

  • Covers gender only
  • Requires equal pay for work requiring similar:
    • Effort
    • Skill
    • Responsibility
    • Working conditions
  • Exceptions for:
    • Merit
    • Seniority
  • Must raise lower-paid workers, not lower pay of higher paid workers

Remember these… They’ll appear again...

Women’s Earnings as a Percentage of Men’s

60%

70%

80%

90%

100%

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