PART ONE INTRODUCTION
CHAPTER
Two
2
Managing Equal Opportunity
and Diversity
Lecture Outline
, Overview
Selected Equal Employment Opportunity Laws
Background
Equal Pay Act of 1963
Title VII of the 1964 Civil Rights Act
Executive Orders
Age Discrimination in Employment Act of 1967
Vocational Rehabilitation Act of 1973
Pregnancy Discrimination Act of 1978
Federal Agency Guidelines
Selected Court Decisions Regarding EEO
The Civil Rights Act of 1991
Sexual Harassment
Proving Sexual Harassment
Sexual Harassment Court Decisions In Brief: This chapter gives a history of
equal opportunity legislation, outlines
Sexual Harassment Causes
defenses against discrimination
What the Manager/Employer Should Do allegations, gives examples of
What the Employee Can Do discriminatory practices, describes the
EEOC enforcement process, and suggests
The Americans with Disabilities Act
proactive programs.
ADA Implications for Managers and Employers
Genetic Information Non-Discrimination Act of 2008
Interesting Issues: Affirmative Action
(EDNA)
programs have come under fire in recent
The Federal Employment Non-Discrimination Act years, even by some members of
State and Local EEO Laws
protected groups. A very critical issue is
whether Affirmative Action represents “a
Defenses Against Discrimination Allegations
leg up” assistance for those who have
What Is Adverse Impact? been historically discriminated against, or
if it becomes a “crutch” that hinders their
Bona Fide Occupational Qualification
motivation and ability to compete and
Business Necessity perform. Although this is a delicate and
Retaliation potentially volatile issue, helping students
see and understand both sides of the
Illustrative Discriminatory Employment Practices
argument will help them understand the
A Note on What You Can and Cannot Do depth of these issues.
Recruitment
Selection Standards
,ANNOTATED OUTLINE
I. Selected Equal Employment Opportunity Laws
A. Background
• The Fifth Amendment (ratified in 1791) states, “No
person shall be deprived of life, liberty, or property,
without due process of the law.”
B. Equal Pay Act of 1963 (amended in 1972) made it unlawful to
discriminate in pay on the basis of sex when jobs involve equal
work, equivalent skills, effort, and responsibility, and are
performed under similar working conditions.
C. Title VII of the 1964 Civil Rights Act
1. What the Law Says
a. The act says it is unlawful to fail or refuse to hire or to
discharge an individual or otherwise to discriminate against
any individual with respect to his/her compensation, terms,
conditions, or privileges of employment, because of such
individual’s race, color, religion, sex, or national origin.
b. The act says it is unlawful to limit, segregate, or classify
his/her employees or applicants for employment in any way
that would deprive or tend to deprive any individual of
employment opportunities or otherwise adversely affect
, his/her status as an employee, because of such individual’s
race, color, religion, sex, or national origin.
2. The EEOC (Equal Employment Opportunity Commission) was
established by Title VII. It consists of five members (serving
five-year terms), appointed by the president with the advice
and consent of the Senate. The EEOC investigates job
discrimination complaints and may file charges in court.
D. Executive Orders by various presidents have expanded the effect
of equal employment laws in federal agencies. President Johnson’s
administration (1963–1969) issued Executive Orders 11246 and
11375, requiring contractors to take affirmative action (steps taken
for the purpose of eliminating the present effects of past
discrimination) to ensure equal employment opportunity.
E. Age Discrimination in Employment Act (ADEA) of 1967 made it
unlawful to discriminate against employees or applicants for
employment who are between 40 and 65 years of age.
F. Vocational Rehabilitation Act of 1973 required employers with
federal contracts over $2500 to take affirmative action for the
employment of handicapped persons.
G. Pregnancy Discrimination Act (PDA) of 1978, an amendment to
Title VII of the Civil Rights Act, broadened the definition of sex
discrimination to encompass pregnancy, childbirth, or related
medical conditions. It prohibits using such conditions to
discriminate in hiring, promotion, suspension, discharge or any
other term or condition of employment.
H. Federal Agency Guidelines are uniform guidelines issued by
federal agencies charged with ensuring compliance with equal
CHAPTER
Two
2
Managing Equal Opportunity
and Diversity
Lecture Outline
, Overview
Selected Equal Employment Opportunity Laws
Background
Equal Pay Act of 1963
Title VII of the 1964 Civil Rights Act
Executive Orders
Age Discrimination in Employment Act of 1967
Vocational Rehabilitation Act of 1973
Pregnancy Discrimination Act of 1978
Federal Agency Guidelines
Selected Court Decisions Regarding EEO
The Civil Rights Act of 1991
Sexual Harassment
Proving Sexual Harassment
Sexual Harassment Court Decisions In Brief: This chapter gives a history of
equal opportunity legislation, outlines
Sexual Harassment Causes
defenses against discrimination
What the Manager/Employer Should Do allegations, gives examples of
What the Employee Can Do discriminatory practices, describes the
EEOC enforcement process, and suggests
The Americans with Disabilities Act
proactive programs.
ADA Implications for Managers and Employers
Genetic Information Non-Discrimination Act of 2008
Interesting Issues: Affirmative Action
(EDNA)
programs have come under fire in recent
The Federal Employment Non-Discrimination Act years, even by some members of
State and Local EEO Laws
protected groups. A very critical issue is
whether Affirmative Action represents “a
Defenses Against Discrimination Allegations
leg up” assistance for those who have
What Is Adverse Impact? been historically discriminated against, or
if it becomes a “crutch” that hinders their
Bona Fide Occupational Qualification
motivation and ability to compete and
Business Necessity perform. Although this is a delicate and
Retaliation potentially volatile issue, helping students
see and understand both sides of the
Illustrative Discriminatory Employment Practices
argument will help them understand the
A Note on What You Can and Cannot Do depth of these issues.
Recruitment
Selection Standards
,ANNOTATED OUTLINE
I. Selected Equal Employment Opportunity Laws
A. Background
• The Fifth Amendment (ratified in 1791) states, “No
person shall be deprived of life, liberty, or property,
without due process of the law.”
B. Equal Pay Act of 1963 (amended in 1972) made it unlawful to
discriminate in pay on the basis of sex when jobs involve equal
work, equivalent skills, effort, and responsibility, and are
performed under similar working conditions.
C. Title VII of the 1964 Civil Rights Act
1. What the Law Says
a. The act says it is unlawful to fail or refuse to hire or to
discharge an individual or otherwise to discriminate against
any individual with respect to his/her compensation, terms,
conditions, or privileges of employment, because of such
individual’s race, color, religion, sex, or national origin.
b. The act says it is unlawful to limit, segregate, or classify
his/her employees or applicants for employment in any way
that would deprive or tend to deprive any individual of
employment opportunities or otherwise adversely affect
, his/her status as an employee, because of such individual’s
race, color, religion, sex, or national origin.
2. The EEOC (Equal Employment Opportunity Commission) was
established by Title VII. It consists of five members (serving
five-year terms), appointed by the president with the advice
and consent of the Senate. The EEOC investigates job
discrimination complaints and may file charges in court.
D. Executive Orders by various presidents have expanded the effect
of equal employment laws in federal agencies. President Johnson’s
administration (1963–1969) issued Executive Orders 11246 and
11375, requiring contractors to take affirmative action (steps taken
for the purpose of eliminating the present effects of past
discrimination) to ensure equal employment opportunity.
E. Age Discrimination in Employment Act (ADEA) of 1967 made it
unlawful to discriminate against employees or applicants for
employment who are between 40 and 65 years of age.
F. Vocational Rehabilitation Act of 1973 required employers with
federal contracts over $2500 to take affirmative action for the
employment of handicapped persons.
G. Pregnancy Discrimination Act (PDA) of 1978, an amendment to
Title VII of the Civil Rights Act, broadened the definition of sex
discrimination to encompass pregnancy, childbirth, or related
medical conditions. It prohibits using such conditions to
discriminate in hiring, promotion, suspension, discharge or any
other term or condition of employment.
H. Federal Agency Guidelines are uniform guidelines issued by
federal agencies charged with ensuring compliance with equal
