CHAPTER Legal Framework of Equal Employment © 2008 Thomson/South-Western All rights reserved PowerPoint Presentation by Charlie Cook The University of West Alabama Chapter Chapter Objectives Objectives After you have read this chapter, you should be able to: ■ Explain four basic EEO concepts ■ Describe key provisions in Title VII of the Civil Rights Acts of 1964 and 1991 ■ Indicate important requirements of four other key EEOrelated laws ■ Discuss the two general approaches for complying with the 1978 Uniform Guidelines on Employee Selection Procedures ■ Identify typical EEO enforcement and compliance requirements © 2008 Thomson/SouthWestern All rights reserved 4–2 Nature of Equal Employment Opportunity • Equal Employment Opportunity (EEO) The concept that all individuals should have equal treatment in all employment-related actions • Discrimination “Recognizing differences among items or people.” • Protected Class Individuals within a group identified for protection under equal employment laws and regulation • Race, ethnic origin, color • Sex/gender • Age • Disability • Military experience • Religion • Marital status • Sexual orientation © 2008 Thomson/SouthWestern All rights reserved 4–3 FIGURE 4-1 Illegal Employment Discrimination © 2008 Thomson/SouthWestern All rights reserved 4–4 Nature of EEO (cont’d) • Disparate Treatment Occurs in employment-related situations when either: Different standards are used to judge different individuals, or the same standard is used, but it is not related to the individuals’ jobs The outcome of the employer’s actions, not the intent, is considered by the regulatory agencies or courts when deciding whether or not illegal discrimination has occurred © 2008 Thomson/SouthWestern All rights reserved 4–5 Nature of EEO (cont’d) • Disparate Impact Occurs when substantial underrepresentation of protected-class members results from employment decisions that work to their disadvantage Griggs vs Duke Power (1971) decision: Lack of intent to discriminate is no employer defense if discrimination occurs The employer has the burden of proof in proving that an employment requirement is a job-related “business necessity.” © 2008 Thomson/SouthWestern All rights reserved 4–6 FIGURE 4-2 EEO Concepts © 2008 Thomson/SouthWestern All rights reserved 4–7 Burden of Proof • McDonnell-Douglas v Green The court ruled that a prima facie (preliminary) case of employment discrimination exists by showing: The person is a member of a protected group The person applied for and was qualified for a job but was rejected The employer continued to seek other applicants after the rejection occurred Once a court rules that a prima facie case has been made, the burden of proof shifts to the employer © 2008 Thomson/SouthWestern All rights reserved 4–8 Progressing Toward EEO • Equal Employment Employment that is not affected by illegal discrimination • Blind to differences Differences among people should be ignored and everyone should be treated equally • Affirmative Action Employers are urged to hire groups of people based on their race, age, gender, or national origin to make up for historical discrimination © 2008 Thomson/SouthWestern All rights reserved 4–9 FIGURE 4-3a Major Federal Equal Employment Opportunity Laws and Regulations © 2008 Thomson/SouthWestern All rights reserved 4–10 FIGURE 4-6b Guidelines to Lawful and Unlawful Pre-Employment Inquiries © 2008 Thomson/SouthWestern All rights reserved 4–25 FIGURE 4-6c Guidelines to Lawful and Unlawful Pre-Employment Inquiries © 2008 Thomson/SouthWestern All rights reserved 4–26 FIGURE 4-6d Guidelines to Lawful and Unlawful Pre-Employment Inquiries © 2008 Thomson/SouthWestern All rights reserved 4–27 Uniform Guidelines on Employee Selection Procedures (1978) • Used by the EEOC, the Department of Labor’s OFCCP, the Department of Justice, and the Office of Personnel Management Attempt to explain how an employer should deal with hiring, retention, promotion, transfer, demotion, dismissal, and referral If sued, employers can choose one of two routes to prove they are not illegally discriminating against employees: no disparate impact, and job-related validity © 2008 Thomson/SouthWestern All rights reserved 4–28 Uniform Guidelines on Employee Selection Procedures (cont’d) • “No Disparate Impact” Approach Disparate impact occurs whenever a substantial underrepresentation of protected-class members is evident in selection decisions 4/5ths Rule If the selection rate for a protected-class is less than 80% (4/5ths) of the selection rate for the majority group or less than 80% of the group’s representation in the relevant labor market, then discrimination exists © 2008 Thomson/SouthWestern All rights reserved 4–29 FIGURE 4-7 Internal Disparate Impact Example © 2008 Thomson/SouthWestern All rights reserved 4–30 Internal Metrics for Disparate Impact Selection of candidates for interviews from those recruited Pass rates for various selection tests Check for internal disparate impact Performance appraisal ratings as they affect pay increases Identification of individuals for layoffs Promotions, demotions, and terminations © 2008 Thomson/SouthWestern All rights reserved 4–31 FIGURE 4-8 Racial Distribution in Valleyville (Example of Relevant Labor Market) (External) © 2008 Thomson/SouthWestern All rights reserved 4–32 Job-Related Validation Approach • Employment “test” Any employment procedure used as the basis for making an employment-related decision Must have both job-related validity and reliability • Validity The extent to which a test actually measures what it says it measures • Reliability The consistency with which a test measure measures an item © 2008 Thomson/SouthWestern All rights reserved 4–33 Validity and Equal Employment • Selection Procedures and Validity Employers must demonstrate that tests of knowledge, skills, and abilities (KSAs) are valid and job-related • Content Validity Use of a logical, non-statistical method (e.g., job analysis) to identify the KSAs and other characteristics necessary to perform the job • Criterion-Related Validity Validity measured using a test as the predictor of how well an individual would perform on the job © 2008 Thomson/SouthWestern All rights reserved 4–34 EEO Enforcement Agencies • Equal Employment Opportunity Commission Is the enforcement authority for federal laws Its policy statements are not “law,” they are “persuasive authority” in most cases • Office of Federal Contract Compliance (OFFCP) Ensures that federal contractors have nondiscriminatory practices and take affirmative action to overcome the effects of past discrimination • State and Local Agencies Sometimes provide greater remedies, require different actions, or prohibit discrimination in more areas © 2008 Thomson/SouthWestern All rights reserved 4–35 EEO Compliance • Records Retention All employment records must be maintained as required by the EEOC Application forms and documents concerning hiring, promotion, demotion, transfer, layoff, termination Rates of pay or other terms of compensation Selection for training and apprenticeship The length of time documents must be kept varies, but generally three years is recommended as a minimum © 2008 Thomson/SouthWestern All rights reserved 4–36 EEOC Reporting Forms • EEOC-1 (Annual Reporting Form) required for: All employers with 100 or more employees, except state and local governments Subsidiaries of companies if the total number of combined employees equals 100 or more Federal contractors with at least 50 employees and contracts of $50,000 or more Financial institutions with at least 50 employees, holding government funds or issuing saving • Applicant Flow Data Self-reported information on an employer’s employment process from applicants © 2008 Thomson/SouthWestern All rights reserved 4–37 Stages in the EEOC’s Response to an EEO Complaint Receive EEO Complaint Determine EEOC Jurisdiction and Categorize Complaint Serve Charge Notification on Employer Investigate Complaint Attempt to Mediate Complaint Issue Notice of Relief, Right to Sue, or Sue Employer EEOC Files Suit in Federal Court © 2008 Thomson/SouthWestern All rights reserved Individual Files Suit in Federal Court 4–38 FIGURE 4-9 Stages in the Employer’s Response to an EEO Complaint © 2008 Thomson/SouthWestern All rights reserved 4–39 [...]... Thomson/SouthWestern All rights reserved 4–27 Uniform Guidelines on Employee Selection Procedures (1978) • Used by the EEOC, the Department of Labor’s OFCCP, the Department of Justice, and the Office of Personnel Management Attempt to explain how an employer should deal with hiring, retention, promotion, transfer, demotion, dismissal, and referral If sued, employers can choose one of two routes to prove they