Human Resource Management 13th Edition Chapter Workplace Diversity, Equal Employment Opportunity, and Affirmative Action Copyright © [2014] Pearson Education Learning Objectives • Discuss lesbian, gay, bisexual, and transgender employees as a protected class • Describe diversity and diversity management and explain the various components of the diverse workforce • Identify the major laws affecting equal employment opportunity • Describe the recent trend against employee retaliation • Identify some of the major Supreme Court decisions that have had an impact on equal employment opportunity and affirmative action Copyright © [2014] Pearson Education Learning Objectives (Cont.) • Describe the Equal Employment Opportunity Commission and explain the purpose of the Uniform Guidelines on Employee Selection Procedures • Describe disparate treatment and adverse impact and explain the Uniform Guidelines related to sexual harassment, national origin, religion, and caregiver (family responsibility) discrimination • Explain affirmative action as required by presidential Executive Orders 11246 and 11375 and describe affirmative action programs • Describe sexual harassment in the global environment Copyright © [2014] Pearson Education HRM in Action: Lesbian, Gay, Bisexual, and Transgender Employees as a Protected Class? •Increased focus in political and workforce arena •Public tends to support equal rights for gay people — with exception of right to marry •Many companies have policies in support of LGBT employees Copyright © [2014] Pearson Education 3-4 Diversity • Any perceived difference among people • More than equal employment and affirmative action • Creates workforces that mirror populations and customers Copyright © [2014] Pearson Education Diversity Management Ensuring that factors are in place to: • Provide for and encourage the continued development of a diverse workforce • Meld actual and perceived differences among workers Copyright © [2014] Pearson Education Components of the Diverse Workforce • Single parents and working mothers • Women in business • Mothers returning to the workforce • Dual-career families • Workers of color • Older workers • People with disabilities • Immigrants • Foreign workers • Young persons, some with limited education or skills • Baby Boomers, Gen X, Gen Y, and Gen Z Copyright © [2014] Pearson Education Single Parents and Working Mothers • Number is growing – 50% of marriages end in divorce – Widows and widowers who have children • 72% of mothers with children under 18 are in workforce • Being a mother does not significantly change young women's career ambitions Copyright © [2014] Pearson Education Women in Business • Prominent rise in number of women in labor force • Entering labor force in high-paying, professional jobs and women dominating health-care sector • Women make up majority of American workforce • Many opt out of corporate life Copyright © [2014] Pearson Education Mothers Returning to the Workforce • More new mothers are leaving the labor force only to return later • Some firms are trying to recruit them to return to labor force • Some employers have programs that help their employees leave and later return Copyright © [2014] Pearson Education Methods for Accommodating Religious Practices • • • • • Voluntary substitutes Flexible scheduling Lateral transfers Change in job assignments Unions can permit donations Copyright © [2014] Pearson Education Guidelines on Caregiver (Family Responsibility) Discrimination • Discrimination based on employee obligations to care for family members • EEOC’s guideline: “Unlawful Disparate Treatment of Workers with Caregiving Responsibilities” • Not binding • Offers “best practices” measures Copyright © [2014] Pearson Education Avoiding EEO Litigation • Suits are still being brought and won because of mistakes in adherence to standards • Need a strong EEO policy against discrimination • May still be breakdowns • Provided an opportunity to train employers how to handle a problem the next time Copyright © [2014] Pearson Education Executive Order • Directive issued by the President of the U.S • Has the force and effect of a law enacted by Congress • Applies to federal agencies and federal contractors Copyright © [2014] Pearson Education Affirmative Action • President Harry S Truman officially ended racial segregation in all branches of the military by issuing Executive Order 9981 in 1948 • Officially, affirmative action began in 1965 when President Lyndon B Johnson signed EO 11246 • Prohibits discrimination in employment because of race, creed, color, or national origin Copyright © [2014] Pearson Education Executive Order 11246 • Providing equal opportunity in federal employment • Prohibits discrimination in employment because of race, creed, color, or national origin • Positive, continuing program in each executive department and agency Copyright © [2014] Pearson Education Executive Order 11375 In 1968, changed word “creed” to “religion” and added sex discrimination Copyright © [2014] Pearson Education Affirmative Action Programs Approach developed by organizations with government contracts to demonstrate that workers are employed in proportion to their representation in firm's relevant labor market Copyright © [2014] Pearson Education Degree of Control OFCCP Will Impose • Contractors with $10,000–$50,000 contracts are governed by equal opportunity clause • If contractor (1) has 50 or more employees, or (2) has contracts of $50,000 or more, it must develop written affirmative action program and file annual EEO-1 report • When contracts exceed $1 million: – All previously stated requirements must be met – OFCCP is authorized to conduct pre-award compliance reviews Copyright © [2014] Pearson Education What Is Included in an AAP? • Develop a policy statement • Analyze deficiencies in utilization of minority groups and women • Conduct a utilization analysis • Analyze of all major job groups • Underutilization: Having fewer minorities or women in particular job group than would reasonably be expected by their availability Copyright © [2014] Pearson Education Underutilization Example • If utilization analysis shows availability of blacks for certain job group is 30%, organization should have at least 30% black employment in that group • If actual employment is less than 30%, underutilization exists, and firm should set a goal of 30% black employment for that job group Copyright © [2014] Pearson Education Primary Focus • Goals and timetables • Annual and ultimate • Annual goal: Move toward elimination of underutilization • Ultimate goal: Correct all underutilization • Should not establish inflexible quotas that must be met Copyright © [2014] Pearson Education HR Laws and Executive Orders Affecting Small Businesses • Small business managers usually not have HR resources available that large organizations • All but very small businesses fall under coverage of federal and local laws and presidential executive orders Copyright © [2014] Pearson Education A Global Prospectus: Global Sexual Harassment • Behaviors that violate U.S cultural norms may not be perceived as a problem in another culture • Level of enforcement varies considerably from country to country Copyright © [2014] Pearson Education [...]... worth • Supreme Court has ruled the Equal Pay Act does not require comparable worth Copyright © [2014] Pearson Education Title VII of Civil Rights Act of 1964, Amended in 1972 • Greatest impact on HR management • Illegal for employer to discriminate • Applies to firms with 15 or more employees • Created the Equal Employment Opportunity Commission (EEOC) to enforce Title VII Copyright © [2014] Pearson ... gay, bisexual, and transgender employees as a protected class • Describe diversity and diversity management and explain the various components of the diverse workforce • Identify the major laws... workforces that mirror populations and customers Copyright © [2014] Pearson Education Diversity Management Ensuring that factors are in place to: • Provide for and encourage the continued development... Pearson Education Title VII of Civil Rights Act of 1964, Amended in 1972 • Greatest impact on HR management • Illegal for employer to discriminate • Applies to firms with 15 or more employees •