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Fundamentals of Human Resource

Management
Fifth Edition

Chapter 2
Managing Equal
Opportunity and
Diversity

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• Discussion questions: 1.1, 1.4 - 1-7
1.1: Define human resource management
1.4: Give examples of how the HR manager can
support a company’s sustainability goals
1.5: List 4 important issues influencing HR
management today
1.6: Explain HR management’s role in relation to
the firm’s line management
1.7: Compare the authority of line and staff
managers

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Bonus Mark for Group Presentation
• Group Presentations will be during the 3rd week of
Human Resource Management course
• Specifically on Thursday, Oct. 25, so topics and
group forming will be completed next week on
Thursday, Oct. 18
• For you to get a bonus mark for your group (same
as last course), complete this week’s writing
activities (today’s, tomorrow’s and this Thursday’s)
• These will not go toward ePortfolio for this course
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• Individual and Group Activity (p. 24)
1-13: List the trends that have affected HRM.
• Application Exercises (p. 24 and 25):
– Jack Nelson’s Problem – 1-19 and 1-20
– Carter Cleaning Company – 1-21 and 1-22
• Send answers to
mariakasuncion@gmail.com

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Learning Objectives (1 of 2)
1. Summarize the basic equal employment
opportunity laws and how each impacts HR
functions such as recruitment and selection.
2. Explain the basic defenses against
discrimination allegations.
3. Give examples of what employers can and
cannot legally do with respect to recruitment,
selection, and promotion and layoff practices.

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Learning Objectives (2 of 2)
4. Explain the Equal Employment Opportunity
Commission enforcement process.
5. List five strategies for successfully increasing
diversity of the workforce.

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A Case of Discrimination (p. 28)
Earnest is an African-American working as a
carpenter for gigs (temporary work)
He realized he gets bad reviews, and this might be
due to racism against his ethnicity
Other gig companies, such as Uber, Fiverr and Task
Rabbit experience this type of discrimination
How can victims of such discrimination such as
Earnest deal with this problem?

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Summarize the basic equal opportunity
laws and how each impacts HR functions
such as recruitment and selection

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The Equal Pay Act of 1963 (p. 28)
Hardly a day goes by without equal opportunity
lawsuits such as the Muslim applicant winning
against the US Supreme Court over religious
discrimination.
• The Equal Pay Act of 1963 is the act requiring
equal pay for equal work, regardless of sex.
• Unfortunately, this does not include differences in
pay, which can be based on seniority, merit or
quantity and quality of work

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Equal Employment Opportunity Laws (p. 29)
• Title VII of the 1964 Civil Rights Act: claims that an
employer cannot discriminate based on race,
color, religion, sex or national origin
– To fail or refuse to hire or to discharge an
individual based on discrimination
– To limit, segregate, or classify his or her
employees or applicants for employment
• By Equal Employment Opportunity Commission
(EEOC), who investigate discrimination
complaints
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Equal Employment Opportunity Laws (p. 29)
• Executive Orders (11246 and 11375) specifically
require contractors to take affirmative action
(making extra effort to hire minorities)
• The Office of Federal Contract Compliance
Programs (OFCCP) is responsible for making sure
that people follow and comply to federal contracts

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Equal Employment Opportunity Laws (p. 29)
• Age Discrimination in Employment Act of 1967:
makes it unlawful to discriminate against
employees or applicants for employment who are
40 years or older, effectively ending more
mandatory retirement
• Yet age discrimination still exists; e.g., Staples
fired a 64-year-old man for allegedly stealing a
bell pepper; Staples manager told others to “take
a closer look at the older people”, but the
employee sued and received $16 million and an
appeal
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Equal Employment Opportunity Laws (p. 29)
• Age discrimination also can be implied (said
indirectly) when job postings include phrases such
as:
– “applicants should have received their degreed
within the last 5 years”
– “applicants should have 4-6 years’ experience
• In Mexico, they recently opened a Starbucks run
completely by senior citizens who work different
job positions and work various shifts

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Equal Employment Opportunity Laws (p. 30)
• Vocational Rehabilitation Act of 1973: requires
employers to take affirmative action for people
with disabilities
• The act does not mean that any people with
disabilities should be hired simply because they
have an impairment/disability
• The act encourages hiring a qualified person, but
also making sure that they are well accomodated

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Equal Employment Opportunity Laws (p. 30)
• Pregnancy Discrimination Act of 1978: PDA allows
women who are experiencing pregnancy, went
through childbirth and/or any related medical
condition to not be discriminated against
• Federal Agency Uniform Guidelines on Employee
Selection Procedures: those in military leave
obtain same or similar job position prior to military
• The Civil Rights Act of 1991: burden of proof must
be provided by employers

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Equal Employment Opportunity Laws (p. 31)
• Genetic Information Nondiscrimination Act of
2008: prohibits discrimination by health insurers
and employers based on people’s genetic
information
• So employers or contractors cannot access
genetic information about employees or potential
employees, since this would be discriminatory

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Selected Court Decisions Regarding EEO (p. 30)
• Griggs v. Duke Power Company
– Griggs, an African-American sued Duke Power
– Duke Power, a company, did not hire Griggs on
the basis of not having a high school diploma
– Griggs proved that such qualification implied
racism and discrimination against him
• Albemarle Paper Company v. Moody
– Testing candidates/applicants need to be based
on necessity and should be specified

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American with Disabilities Act (ADA) (p. 32)
• ADA: prohibits employers
from discriminating
against qualified
individuals with
disabilities
• Qualified individuals: can
carry out essential
functions
• Reasonable
accommodation (p. 33)
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How to Provide Reasonable Accommodation
(Example)
• Employees with mobility or vision impairments may benefit
from voice recognition software.
• Word prediction software suggests words based on
context with just one or two letters typed.
• Real-time translation captioning enables employees to
participate in meetings.
• Vibrating phones and text pagers notify employees when
messages arrive.
• Software programs that convert text from computer
screens into spoken word.

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ADA Guidelines
• Do not deny a job to a disabled individual if the person is qualified
and able to perform the essential job functions.
• Make a reasonable accommodation unless doing so would result in
undue hardship.
• Know what you can ask applicants. In general, you may not make
preemployment inquiries about a person’s disability before making
an offer. However, you may ask questions about the person’s ability
to perform essential job functions.
• Itemize essential job functions on the job descriptions. In virtually
any ADA legal action, a central question will be, what are the
essential functions of the job?
• Do not allow misconduct or erratic performance (including absences
and tardiness), even if that behavior is linked to the disability.
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Equal Employment Opportunity Laws (p. 34)
• The EEOC enforces laws prohibiting
discrimination based on age, disability, equal
pay/compensation, genetic information, national
origin, pregnancy, race/color and gender
• Religion discrimination involves treating someone
unfavorably because of his or her religious beliefs
• This means being accommodating to their needs;
e.g., prayer breaks, religion dress

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Religious and Other Types of Discrimination
• Religious Discrimination • Sexual Orientation
– Buddhism - Lesbian
– Christianity - Gay
- Bisexual
– Hinduism
- Transgender
– Islam
– Judaism
– Other

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Summary of EEO Actions (1 of 2, p. 35)
Action What It Does
Title VII of 1964 Civil Bars discrimination because of race, color, religion, sex, or
Rights Act, as amended national origin; instituted EEOC
Executive orders Prohibit employment discrimination by employers with federal
contracts of more than $10,000 (and their subcontractors);
established office of federal compliance; require affirmative
action programs
Federal agency guidelines Indicate policy covering discrimination based on sex, national
origin, and religion, as well as on employee selection procedures;
for example, require validation of tests
Supreme Court decisions: Ruled that job requirements must be related to job success; that
Griggs v. Duke Power discrimination need not be overt to be proved; that the burden of
Company, Albemarle Paper proof is on the employer to prove the qualification is valid
Company v. Moody
Equal Pay Act of 1963 Requires equal pay for men and women for performing similar
work
Age Discrimination in Prohibits discriminating against a person 40 or over in any area
Employment Act of 1967 of employment because of age
State and local laws Often cover organizations too small to be covered by federal laws

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Summary of EEO Actions (2 of 2)
Action What It Does
Vocational Rehabilitation Requires affirmative action to employ and promote qualified
Act of 1973 disabled persons and prohibits discrimination against disabled
persons
Pregnancy Discrimination Prohibits discrimination in employment against pregnant women,
Act of 1978 or related conditions
Vietnam Era Veterans’ Requires affirmative action in employment for veterans of the
Readjustment Assistance Vietnam War era
Act of 1974
Americans with Disabilities Strengthens the need for most employers not to discriminate and
Act of 1990 and ADA to make reasonable accommodations for disabled employees at
Amendments Act of 2008 work
Civil Rights Act of 1991 Reverses several 1980s Court decisions; places burden of proof
back on employer and permits compensatory and punitive money
damages for discrimination
Genetic Information Prohibits discrimination by health insurers and employers based
Non-Discrimination Act on people’s genetic information
of 2008 (GINA)
*The actual laws (and others) can be accessed via a search at www.usa.gov/Topics/Reference-
Shelf/Laws.shtml, accessed January 24, 2017.

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Discussion Questions
1. Explain how Equal Employment Opportunity
Commission’s process.
2. List 5 strategies for successfully increasing
diversity of the workforce.
3. What is Title VII? What does it state?
4. What did Griggs v. Duke Power Company case
help set up in terms of job discrimination?
5. Define affirmative action and EEO.

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Sexual Harassment: What Is It? (p. 36-39)
• Sexual harassment: 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
• CRA 1991 permits victims of intentional
discrimination to have jury trials to collect
compensatory damagers for pain and suffering

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Sexual Harassment: What Is It? (p. 36-39)
• EEOC guidelines define sexual harassment as
unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature that takes place under any of the
following conditions:
– Submission to such conduct is either explicitly
or implicitly a term or condition of employment
– Submission to or rejection is used as basis of
employment decision, or has the purpose of
causing a hostile and interfering environment
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Sexual Harassment
• Condition of individual’s employment
• Submission to or rejection of conduct
• Unreasonably interferes with work performance

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Proving Sexual Harassment
• Quid Pro Quo (exchanging of favours)
• Hostile Environment Created by Supervisors
• Hostile Environment Created by Coworkers or
others

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What Can an Employee Do?
1. Speak with the harasser and his or her boss,
stating that the unwanted overtures should
cease.
2. Inform their own supervisor.
3. If the unwelcome conduct does not cease, file
written reports with the harasser’s manager
and/or HR.
4. If the letters and appeals to the employer do not
suffice, the accuser should turn to the EEOC.
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• Gender-Based Differences
• We still see gender-based differences in the way
men and women view various behaviors. In one
study, 58% of employees reported experiencing
potentially harassment-type behaviors at work.
About 25% found it flattering and half viewed it as
benign. But men are the ones that found it more
flattering and benign.

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• Not Reporting
• A second problem is that employees often won’t
complain. We’ve seen this in the Armed Forces. For
example, two Air Force generals appeared before the
U.S. Congress’ House Armed Services Committee to
explain how 23 instructors at an Air Force base could
engage in unprofessional relationships or sexual
assaults against 48 female trainees. The Air Force
blamed both a climate of fear among female personnel
(who believed that reporting the offenses to superior
officers would be futile or counterproductive) and “a
weak command structure.”

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Writing Activity (p. 56)
• HR in Action Case Incident 2: Carter Cleaning
Company
• Answer 2-22 to 2-26 in regards to the situation, “A
Question of Discrimination”
• Send your answer to mariakasuncion@gmail.com
so you can be closer to earning your bonus mark

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Explain the basic defenses against
discrimination allegations

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Adverse Impact (1 of 2)
• Disparate Treatment
• Disparate Impact
• Central Role of Adverse Impact

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Adverse Impact (2 of 2)
• Disparate Rejection Rates
• The Standard Deviation Rule
• Restricted Policy
• Population Comparison

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McDonnell Douglas Test
1. That person belongs to a protected class
2. Candidate was qualified for job he/she sought
3. Despite qualifications, candidate was rejected
4. After rejection, position remained open and
employer was actively recruiting for vacant
position

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Bona Fide Occupational Qualification
(BFOQ)
• Religion as BFOQ
• Gender as BFOQ
• National Origin as BFOQ

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Business Necessity
• Defense created by courts
• Not easy to prove
• Many employers have used business necessity
defense successfully
• Courts scrutinize pre-employment standards

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Give examples of what employers can and
cannot legally do with respect to
recruitment, selection, and promotion and
layoff practices

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Discriminating Law — Knowing What You
Can and Cannot Do
• Recruitment
– Word of Mouth
– Misleading Information
– Help Wanted Ads

• Selection Standards
– Education Requirements
– Tests
– Preference to Relatives
– Height, Weight, and Physical Characteristics
– Health Questions
– Arrest Records
– Application Forms
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Explain the Equal Employment
Opportunity Commission enforcement
process

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EEOC Enforcement Process
Processing a Discrimination Charge
• Filing a claim
• EEOC investigation
• Voluntary mediation
• Mandatory Arbitration of Discrimination Claims

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List five strategies for successfully
increasing diversity of the workforce

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Diversity Management and Affirmative
Action
• Stereotyping
• Prejudice
• Discrimination
• Tokenism
• Ethnocentrism

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Top-Down Diversity Management Programs
• Provide strong leadership
• Assess the situation
• Provide diversity training and education
• Change culture and management systems
• Evaluate the diversity management program

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