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MGMT 3311 - Ch 2

Equal opportunity and the law

Laura Guerrero

on 2 September 2015

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Transcript of MGMT 3311 - Ch 2

Equal Opportunity and the Law
Dr. Laura Guerrero
What is equal opportunity?
What is diversity?
Why are these important?
Title VII of the 1964 Civil Rights Act

It is unlawful to refuse to hire or to discharge or otherwise to discriminate against any individual with respect to his/her conditions or privileges of employment, because of such individual's
race, color, religion, sex, or national origin

... to limit, segregate, or classify employees or applicants in any way that would 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

Established the EEOC (Equal Employment Opportunity Commission)
What is affirmative action?
Is it quotas?
Is it reverse discrimination?
In groups, explain
(1) EEOC
(2) equal pay act of 1963
(3) age discrimination in employment act of 1967
(4) vocational rehabilitation
(5) pregnancy discrimination act of 1978
(6) Griggs v. Duke Power company
(7) Albemarle Paper company v. Moody
In groups, explain:
(1) Civil Rights Act of 1991
(2) Americans with Disabilities Act - mental impairments, qualified individual, reasonable accommodations
(3) ADA – traditional employer defenses, new ADA
(4) Uniformed Services Employment and Reemployment Rights Act
(5) Genetic Information Nondiscrimination Act of 2008
(6) state and local equal employment opportunity laws
(7) laws that protect LGBT individuals from employment discrimination?
What are adverse impact and disparate treatment?
What is sexual harassment?
How is it related to diversity and inclusion?
"Harassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment."
Dessler (2015, p. 34)
Proving sexual harassment

Quid Pro Quo – tangible employment action
Hostile Environment Created by Supervisors
Hostile Environment Created by Coworkers or Non-employees
Disparate or Adverse impact
disparate rejection rates
standard deviation rule
restricted policy
population comparisons
McDonnell-Douglas test
The Four Fifths Rule states that a selection rate for any racial, ethnic or sex group should not be less than 4/5ths (80%) of the rate for the group with the highest rate

Example: 6 out of every 10 male applicants are hired
4 out of every 10 female applicants are hired
Is there disparate impact?
Expected vs. actual should be less than 2 SD apart
Restricted Policy refers to an employer’s policy that intentionally or unintentionally excludes members of a protected group
The candidate to be a college instructor is required to lift 50 lbs
Is this an example of restricted policy? Why or why not?
Population Comparisons
1) the percentage of the protected group and white workers in the organization with
2) the percentage of the corresponding qualified groups in the labor market

20% of managers are Hispanic, 80% are Caucasian
80% of people in El Paso are Hispanic
Is this an example of adverse impact in El Paso?
When an applicant is qualified but rejected, the Court has determined that a prima facie case of disparate treatment has been established under these conditions:
the person belongs to a protected class
the person applied and was qualified for the position offered
despite the qualification, the person was rejected
and that after rejection, the employer continued to seek applications from persons with the complainant’s qualifications
In groups:
(1) explain BFOQ
(2) examples of age and religion as BFOQ
(3) examples of national origin and gender as BFOQ
(4) explain business necessity
(5) issues with recruitment – words of mouth, misleading information, help-wanted ads
(6) issues with selection standards – educational requirements, tests, preference to relatives, physical characteristic requirements, arrest records, application forms, discharge due to garnishment
(7) issues with physical appearance – dress, hair, uniforms, tattoos and body piercings
In groups explain
(1) diversity
(2) stereotyping and prejudice
(3) discrimination
(4) tokenism
(5) ethnocentrism
(6) gender-role stereotypes

(7) benefits of diversity

Staffing assignment and teams
Full transcript