Diversity in the Workplace & Environmental Protection

SOME OF THE MAJOR FEDERAL EMPLOYMENT DISCRIMINATION LAWS 1964 Civil Rights Act - Title VII Enacted to improve the economic and social conditions of women and minorities Title VII is the broadest of the laws dealing with discrimination in many aspects of the employment relationship and prohibits discrimination against employees or job applicants on the basis of: Race Color Religion National Origin Sex Title VII prohibits any practices or procedures, which limits or adversely affects employment opportunities on the basis of the protected classes, including: advertising testing assignments training disciplinary actions layoffs recruitment referrals hiring transfers promotions benefits terminations recalls compensation apprenticeships and all other terms, conditions and privileges of employment Title VII covers employers with 15 or more employees Retaliation Title VII also prohibits any reprisals or adverse action against an individual or group of individuals because they have opposed discriminatory practices, participated or assisted, in any way, in a charge investigation or proceeding brought under its provisions EXECUTIVE ORDERS Orders issued by the President to regulate employers who business with federal government agencies A number of executive orders have been issued that prohibit employers, holding federal government contracts, from discriminating against employees and applicants on the basis of: Race Religion Sex Color National origin Age Executive Order 11246 Under E.O 11246, government contractors and subcontractors, who over $10,000 in government business in one year, are required to refrain from discriminating in employment decisions such as: Recruitment, Advertising, Layoffs, Terminations, Compensation, Training, Demotions, etc And to engage in affirmative steps to ensure that applicants and employees receive equal employment opportunity regardless of race, color, religion, national origin, sex, or age In addition, each government contractor with 50 or more employees and $50,000 or more in government contracts is required to develop a written affirmative action plan for each of its establishments AFFIRMATIVE ACTION ♦ Good faith efforts by employers to address past and/or present discrimination through a variety of specific, results-oriented procedures ♦ Actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity ♦ Not preferential treatment ♦ Should not unnecessarily trammel the rights of the non-minorities Affirmative action helps an employer identify problem areas, set goals and take positive steps to guarantee equal employment opportunities for people in a protected class The focus is placed on hiring, promoting, and training protected-class members where they are underrepresented in an organization in relation to their availability in the labor markets from which recruiting occurs In addition to being required by E.O 11246, affirmative action can also be initiated : • voluntarily • as a result of conciliation or litigation; or • under other federal, state, or local laws Utilizes GOALS not QUOTAS Civil Rights Act of 1991 (amends Title VII) Places a heavier burden on the employer to defend itself against charges of intentional discrimination Provides that an employment practice that adversely impacts a protected class is unlawful if the employer cannot demonstrate that the challenged practice is: (1) job related for the position in question, and (2) consistent with a business necessity Allows compensatory and punitive damage awards in cases of intentional discrimination Also allows jury trials to determine the liability for and the amount of compensatory and punitive damages, subject to established caps Genetic Information Nondiscrimination Act of 2008 The GINA prohibits genetic information discrimination in employment Under Title II of GINA, it is illegal to discriminate against employees because of genetic information Title II prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II and strictly limits the disclosure of genetic information The Americans with Disabilities Act of 1990 As amended by the ADA Amendments Act of 2008 Extends the Coverage of the Rehabilitation Act Expanded the legal responsibilities, of an employer, as defined by the Rehabilitation Act and made it easier for people with disabilities to: • gain and hold employment, • have easier access to public places, • travel on public transportation, • use public telecommunication services, and • seek redress when the law is violated p 43 An individual is covered under the ADA if he/she: has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or Is regarded as having such an impairment An individual only has to meet one of the three criteria The ADA Amendments Act of 2008 (ADAAA) effective Jan 2009 Retains the ADA’s basic definition of a “disability” but: • revises the term “substantially limits” • expands the definition of “major life activities” • states that mitigating measures other than “ordinary eyeglasses” shall not be considered in assessing whether a person has a disability • clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major activity when active • states that an employee or applicant is “regarded as” if subject to an action prohibited by the ADA based on an impairment that is not transitory and minor • clarifies that individuals “regarded as” are not entitled to a reasonable accommodation Implications: employers are likely going to face more instances in which they need to provide accommodations to employees who might not have been considered disabled in the past, but who are considered disabled under the p 43 new law The ADA protects those individuals who are disabled and qualified to perform the essential functions of the job with or without reasonable accommodation The individual must satisfy the position requirements: •Skills, experience, education, licenses •Physical and mental requirements •Meet performance standards An organization does not have to give preference, hire, or retain a disabled individual, if the individual is not qualified to perform the job It does not interfere with an employer’s right to hire the best qualified applicant Reasonable Accommodation A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities When Making a Reasonable Accommodation Consider: • the essential functions of the job; qualifications of the person to perform the essential functions ; • determination whether a reasonable accommodation can be made for the qualified individual • An accommodation is not required if it imposes undue hardship Undue hardship means that an accommodation would be unduly extensive costly substantial disruptive or would fundamentally alter the nature or operation of the business If the need for accommodation is not obvious, an employer may ask an applicant for reasonable documentation about his/her disability if the applicant requests reasonable accommodation for the hiring or working process Hiring People with Disabilities Prior to an employment offer the ADA prohibits all disabilityrelated inquiries and medical examinations even if they are jobrelated Disability related questions are: •Questions that are likely to elicit information about a disability -Disability related questions: •Can be asked after a conditional job offer is made to a candidate, but before s/he starts work, as long as it is done for all employees entering into the same area •After employment begins, an employer may make disability-related inquiries and require medical exams only if job-related Employers may ask about an applicant’s ability to perform specific job functions & non-medical qualifications When an employer could reasonably believe that an applicant will need a reasonable accommodation to perform the functions of a job, the employer may ask: • whether the applicant needs a reasonable accommodation; • what type of accommodation is needed An employer may ask these questions if they believe the applicant needs a reasonable accommodation because the applicant: • has an obvious disability; • has voluntarily disclosed a hidden disability; or • has voluntarily disclosed the need for an accommodation Employers may not conduct medical exams as a part of the application process Unlawful Harassment Harassment That Results In A Tangible Action (Quid Pro Quo) • • Usually inflicts direct economic harm, because tangible job benefits are granted or denied based on the submission to or rejection of the unwelcome conduct Only an individual with managerial or supervisory authority can engage in harassment that results in a tangible employment action, since it requires the harasser to have the authority to grant or withhold job benefits An employer is liable for the actions of a supervisor who engages in this type of harassment Hostile Environment • A work environment in which the employee feels threatened or or abused Can consists of unwelcome verbal or physical conduct Has the effect of unreasonably interfering with the work performance or psychological well-being of a reasonable person Affirmative Defense An employer is also liable for hostile environment harassment by a supervisor even if it did not know unless the employer can prove it exercised reasonable care to prevent harm Our Changing Workforce ♦ How has the workforce changed over the past 20-30 years? Managers who are culturally savvy and resilient will be the survivors EEO + AA = DIVERSITY Understanding Diversity is understanding how to be responsive to a wide range of people unlike oneself The Impact of Stereotyping & Prejudice When we Stereotype we: ♦ Over simplify and over generalize groups or types of people ♦ Ignore individual differences ♦ Provides “roleexpectations” ♦ Inhibit development of authentic relationships among diverse people When we are Prejudiced we: ♦ Make premature judgments towards a person or group of people ♦ Hold views that make us: – Unreasonable – Unjust – Intolerant ... opportunities on the basis of the protected classes, including: advertising testing assignments training disciplinary actions layoffs recruitment referrals hiring transfers promotions benefits terminations... $10,000 in government business in one year, are required to refrain from discriminating in employment decisions such as: Recruitment, Advertising, Layoffs, Terminations, Compensation, Training,... protected class The focus is placed on hiring, promoting, and training protected-class members where they are underrepresented in an organization in relation to their availability in the labor markets