chapter

EQUAL EMPLOYMENT OPPORTUNITY AND

3 HUMAN RESOURCES MANAGEMENT

The employment of individuals in an equal and nondiscriminatory manner is mandated by public

policy. Therefore, equal employment opportunity has become a major area of concern for HR spe-
cialists and individual managers. Employers in all types of organizations must be aware of the laws
and court rulings in this area in order to carry out their jobs in a responsible manner. If employers
violate the law, the courts and the Equal Employment Opportunity Commission (EEOC) have ruled
that ignorance of the law is not a valid defense against discrimination charges.
The purpose of this chapter is to discuss the major federal laws and executive orders, court deci-
sions, and federal guidelines affecting equal employment opportunity. The structure of the EEOC is
reviewed, as is the method used by this agency to investigate discrimination charges. The chapter
emphasizes the importance of being able to defend employment decisions and to establish quite
conclusively that intentional or unintentional discrimination is not being practiced.
The chapter concludes with a discussion of affirmative action and the pro-active management
of a diverse workforce. Reviewed are the important court cases regarding affirmative action and the
basic steps to developing an effective affirmative action program.

CHAPTER LEARNING OBJECTIVES

Explain the reasons behind passage of EEO legislation.

Prepare an outline describing the major laws affecting equal employment opportunity.
Describe bona fide occupational qualification and religious preference as EEO issues.

Discuss sexual harassment and immigration reform and control as EEO concerns.

Explain the use of the Uniform Guidelines on Employee Selection Procedures.

Understand the concepts of adverse impact and disparate treatment.

Understand EEOC record-keeping and posting requirements.

Explain how EEO discrimination charges are processed.

26
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Chapter 3: Equal Employment Opportunity and Human Resources Management 27

Describe affirmative action and the basic steps in developing an affirmative action program.

LECTURE OUTLINE

Begin by stressing the importance of EEO and AA to employees, managers, and organizations.
Explain that EEO and AA are not only a legal issue but also an emotional and ethical issue affecting
all individuals regardless of their gender, race, religion, age, or national origin. Use recent cases
reported in newspapers, journals, radio, or TV to highlight these points.

I. HISTORICAL PERSPECTIVE OF EEO LEGISLATION

• Explain that EEO has emerged slowly over the years and that it was not until the mid-
1950s and early 1960s that nondiscriminatory employment became a major social concern.
• Three things influenced the importance of EEO: (1) laws governing EEO legislation,
(2) changed social attitudes, and (3) research on the poor economic plight of women,
minorities, and older workers.
A. Changing National Values
• The poor economic plight of women, blacks, and other minority groups was publi-
cized by mass media coverage of sit-ins and rallies. These events increased national
social awareness of EEO.
• The civil rights movement and the women’s movement had a large impact on pub-
licizing the poor position of these groups. No longer was discrimination to be rou-
tinely accepted by the general public.
B. Economic Disparity
• Research has consistently shown an economic disparity between whites and nonwhites
and between men and women.
• Discuss the unemployment rates for blacks and whites and the differences in median
weekly earnings among whites, blacks, and Hispanics given in the textbook.
• Explain that while the economic disparity between women and men and between
blacks, whites, and Hispanics has improved, nevertheless, a significant gap still
exists and has not lessened greatly over the past 20 years.
C. Early Legal Developments
• Early laws covering EEO included the Civil Rights Act of 1866, the Unemployment
Relief Act of 1933, and Executive Order 8802, which established the Fair Employ-
ment Practices Committee.
• These early laws had little effect since they were largely ignored by employers and
since government agencies lacked the enforcement power to correct social ills.
• Early legal developments in EEO, nevertheless, laid the foundation for later laws.

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28 Part 1: Human Resources Management in Perspective
I. GOVERNMENT REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY

• Use Presentation Slide 3-5: The Legal Environment and Presentation Slides 3-7 3-8, and
3-9: Major Laws Affecting Equal Employment Opportunity to show Presentation Slides
the seven major laws governing EEO. The Regulatory Model 3-5, 3-7, 3-8, and 3-9
provides an excellent example of how laws come into existence.
• Have students complete the EEO test in Highlights in HRM 1. Stu- Highlights in
dents should discuss their answers in groups before reporting their HRM 1
results.
• Explain that managers and supervisors serve as agents of the employer. Since managers
represent the interests of the employer, they can be held legally accountable for their actions
that violate employment law. Therefore, knowledge of EEO law is critical to the effective
supervision of employees.
A. Major Federal Laws
Each of the seven major laws governing EEO should be thoroughly discussed. A com-
plete discussion would include (1) what the law requires, (2) employers who must com-
ply with the law, and (3) permitted employer exceptions.
1. Equal Pay Act of 1963
• This law was passed to outlaw discrimination in pay, employee benefits, and
pensions based on the worker’s gender.
• Employers are required to pay males and females similarly when their jobs are
equal or when the jobs are substantially similar regarding skill, effort, or respon-
sibility and the jobs are performed in the same organization. The law pertains to
employers covered by the Fair Labor Standards Act. It permits employers to pay
men and women differently based on seniority systems, merit considerations, or
incentive pay plans.
2. Civil Rights Act of 1964
• This act bars discrimination in all HR activities including hiring, training, promo-
tion, pay, employee benefits, or other conditions of employment because of race,
color, religion, sex, or national origin. It also prohibits discrimination because of
pregnancy.
• Note the important guidelines issued by the EEOC on national origin
discrimination. Explain that employers must constantly monitor changes to EEO
legislation in order to be in compliance with all laws.
• This law covers (1) private employers in interstate commerce who employ fif-
teen or more employees, (2) state and local governments, (3) private and public
employment agencies, (4) apprenticeship training programs, (5) labor unions
with fifteen or more members, (6) public and private educational institutions,
and (7) foreign subsidiaries of U.S. organizations employing U.S. citizens.
• The law does permit various exceptions and employers are not required to
employ or retain unqualified workers. Review the exceptions listed in the text.
• The Civil Rights Act established the EEOC to enforce the law’s provisions.

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Chapter 3: Equal Employment Opportunity and Human Resources Management 29
a. Bona Fide Occupational Qualification
• Employers are permitted limited exemptions from antidiscrimination regula-
tions when employment selection is based on a BFOQ. Bona fide occupa-
tional qualifications are permitted only where age, religion, sex, or national
origin is an actual qualification for performing the job.
• Ask students for BFOQs for each of the permitted categories.
• Define the term business necessity for students. The courts have interpreted
the term to apply to business practices that are necessary for the safe and effi-
cient operation of the organization.
• Explain how the business-necessity requirement applies to organizations
wishing to maintain a certain “authenticity” for the establishment.
b. Religious Preference
• Title VII of the Civil Rights Act prohibits discrimination based on religion in
employment decisions; however, exemptions are permitted. Discuss the defi-
nition of religious preference as given in the textbook.
• Employers are only required to make a reasonable accommodation to an
employee’s religious requests. What constitutes reasonable accommodation
is difficult to define, and the EEOC will investigate religious discrimination
complaints on a case-by-case basis.
• Managers and supervisors will need to accommodate the following religious
preferences:
1. Holidays and observances (scheduling)
2. Personal appearance (wearing veils, beards, or turbans)
3. Religious conduct (missionary work among other employees)
3. Age Discrimination in Employment Act of 1967
• This act bars discrimination against persons forty years of age or older in all areas
of employment because of their age. It applies to employers covered by the Civil
Rights Act of 1964. The law allows exceptions where age is a bona fide occupa-
tional qualification (BFOQ).
• Ask students where an age BFOQ might apply.
• Ask students how employers might discriminate against older workers. Examples
are provided in the textbook.
4. Equal Employment Opportunity Act of 1972—This law strengthened the enforce-
ment powers of the EEOC. The commission now has the power to go directly to court
to enforce the provisions of the act. Extended coverage applies to those employers
previously mentioned.
5. Pregnancy Discrimination Act of 1978
• This law amends the Civil Rights Act of 1964 by stating that pregnancy is a dis-
ability and that pregnant employees must be treated on an equal basis with
employees having other medical conditions. Specifically, the law affects an
employer’s health care benefits in the areas of (1) hospitalization and major
medical insurance, (2) temporary disability and salary continuation plans, and
(3) sick leave policies.

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30 Part 1: Human Resources Management in Perspective
•The Pregnancy Discrimination Act prohibits discrimination in the hiring, promo-
tion, or termination of women because of pregnancy and applies to employers
covered by the Civil Rights Act of 1964.
• Employers cannot set arbitrary pregnancy leave dates.
6. Americans with Disabilities Act of 1990
• This law prohibits employers from discriminating against persons with physical
and mental disabilities or the chronically ill.
• The law provides a very broad definition of a disability: “(a) a physical or mental
impairment that substantially limits one or more of the major life activities; (b) a
record of such impairment; or (c) being regarded as having such an impairment.”
• The law also covers individuals “regarded” as having a disability such as those
with disfiguring burns.
• Ask students how they would interpret this definition. What disabilities would be
covered under the law?
• The ADA is a difficult statute for employers to comply with because of the ambigu-
ous definition of what “a disability” means. For example, personality disorders
such as schizophrenia, bipolar disorders, and personality disorders are covered.
However, various “adjustment disorders” and stress are not generally subject to
ADA coverage. Furthermore, the Supreme Court has ruled that medical conditions
such as poor eyesight and high blood pressure are not disabilities since these
conditions can be corrected or successfully treated.
• The law lists a number of specific exemptions. These include homosexuality or
bisexuality, sexual behavior disorders, kleptomania, pyromania, and psychoactive
substance use disorders resulting from current illegal use of drugs.
• Covered employers must make a reasonable accommodation to the disability of
the affected person. Ensure that students understand what “reasonable accommo-
dation” means, and how employers might comply with the reasonable
accommodation standard.
• Ask students specific ways that the workplace can be made more accessible to
workers with disabilities. This can be successfully done as a team exercise.
• The ADA is enforced by the Equal Employment Opportunity Commission.
• Assign Case Study 1, “Can “Fido” Come to Work?”at the
end of this chapter. Case Study 1
7. Civil Rights Act of 1991
• This law is an amendment of the Civil Rights Act of 1964.
• A major purpose of the law is to more severely punish employers who intention-
ally discriminate against protected groups. This is accomplished by allowing
employees who claim intentional discrimination to seek compensatory or puni-
tive damages in a jury trial.
• Compensatory damages include payment for future money losses, emotional pain,
suffering, mental anguish, and other nonmonetary losses. Monetary damages are
based on the size (e.g., number of employees) of the guilty organization.

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Chapter 3: Equal Employment Opportunity and Human Resources Management 31
•The law strengthens the concept of job relatedness by requiring that employers
prove that employment practices are a business necessity.
• Coverage of Title VII and Americans with Disabilities Act is extended to U.S.
citizens working abroad for U.S. companies.
• Employers are prohibited from adjusting employment test scores or using different
cutoff test scores on the basis of race, color, religion, sex, or national origin.
• Protected classes of employees are concerned about their opportunity to rise to
higher levels of management. It is argued that a “glass ceiling” can exit that pre-
vents minorities from upward promotion. The Glass Ceiling Act of 1991 was
passed as a companion piece of legislation to the Civil Rights Act of 1991. This
law was created to study the glass ceiling problem and to report on obstacles
faced by minorities as they seek advancement to high-level managerial and
executive jobs.
8. Uniformed Services Employment and Reemployment Rights Act of 1994
• This act protects individuals who enter the military for short periods of service.
The law provides that service personnel can return to their private-sector jobs
without loss of seniority or employment benefits.
• Employers cannot discriminate against returning service personnel in the areas
of hiring, job retention, or advancement.
• Service members have an obligation to notify their employers of their military
obligations in order to have their rights protected.
• The Veterans Benefits Improvement Act (2004) requires employers to notify
employees of their rights, benefits, and obligations under USEERA.
• The Labor Department’s Veterans Employment and Training Service is respon-
sible for enforcing the law.
B. Other Federal Laws and Executive Orders
• Use Figure 3.3: EEO Rules Applicable to Federal Contractors
and Agencies to show the other federal laws and executive orders Figure 3.3
governing EEO.
Presentation
• Presentation Slide 3-18 also lists the laws applicable in this Slide 3-18
area.
• Explain that the laws and executive orders reviewed here apply to agencies of the
federal government and to individuals who are employed by government contractors.
1. Vocational Rehabilitation Act of 1973
• The act was passed because of the negative attitudes often held toward disabled
individuals.
• The law requires private employers with government contracts of more than
$2,500 to take affirmative action to hire and promote individuals with mental or
physical disabilities. Employers must make a reasonable accommodation to hire
disabled individuals, but employers are not required to hire persons unqualified
to perform.
• Review the definition of a disabled individual given in the textbook and ask stu-
dents to comment on its broad application.
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32 Part 1: Human Resources Management in Perspective
• Employees afflicted with contagious diseases such as tuberculosis and AIDS are
covered by the act. Employers must accommodate the employment needs of
persons with AIDS.
• The Rehabilitation Act does not require employers to hire or retain an individual
with a contagious disease if the person is a direct threat to the health or safety of
others or if she or he cannot be accommodated.
2. Executive Order 11246
• Executive Order 11246 prohibits discrimination based on race, color, religion, sex,
or national origin in all employment activities.
• Employers holding a government contract of $50,000 or more and employing
fifty or more employees must develop an affirmative action plan.
• EO 11246 created the Office of Federal Contract Compliance Programs (OFCCP)
to regulate and ensure EEO in the federal area. The agency is also charged with
requiring that contractors provide job opportunities to the disabled, to disabled
veterans, and to veterans of the Vietnam War.
C. Fair Employment Practice Laws
• Stress to students that most states and many local governments have passed addi-
tional laws prohibiting employment discrimination. Referred to as fair employment
practices (FEPs), these statutes cover antidiscrimination in those areas covered by
federal legislation. However, FEPs extend jurisdiction to employers exempt from
federal coverage, and they are often more comprehensive than the federal laws by
extending antidiscrimination on factors such as appearance, political preference,
sexual orientation, or marital status. States that have FEPs also establish a state agency
to administer the laws’ provisions.
• Obtain a copy of your state’s fair employment practice law (if it has one) for discus-
sion in class. Point out any differences from the federal laws.

III. OTHER EQUAL EMPLOYMENT OPPORTUNITY ISSUES

The following EEO issues should be fully covered because of their current importance to HR
managers and supervisors.
A. Sexual Harassment
• Ask students what sexual harassment means to them, and then go over what consti-
tutes sexual harassment according to the Uniform Guidelines. Emphasize the broad
definition given to sexual harassment by the Uniform Guidelines and explain its wide
ramifications to employers.
Presentation
• The EEOC recognizes two forms of sexual harassment: quid Slide 3-21
pro quo harassment and hostile environment.
Quid Pro Quo Harassment—This occurs when submission to or rejection of sexual
conduct is used as a basis for employment decisions. For example, if a person is
denied a promotion for refusing to date a superior or is promoted because of agreeing
to date a superior, sexual harassment has occurred. In these situations, an economic
benefit is exchanged for sexual favors.

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Chapter 3: Equal Employment Opportunity and Human Resources Management 33
Hostile Environment—This occurs when unwelcome sexual conduct has the purpose
or effect of unreasonably interfering with job performance or creating an intimidating,
hostile, or offensive working environment. For example, a work environment in which
sexually explicit material and/or jokes makes a person feel uncomfortable about her
or his position in the company can be said to constitute sexual harassment.
• The somewhat subjective nature of what constitutes a “hostile environment” makes
this section of the law more controversial. To some extent, this objective is justified—
what one person considers unacceptable conduct in this regard may not bother another
person. But courts and companies also recognize that a standard need not be totally
objective to be enforceable. The concept of intersubjectivity can be applied here, and
certainly companies should take into consideration the personal feelings of their actual
employees in relation to what they may find personally objectionable.
• Provide examples of quid pro quo and hostile environment sexual harassment. News-
paper or magazine articles provide excellent examples for class discussion.
• The EEOC considers an employer guilty of sexual harassment when the employer
knew, or should have known, about the unlawful conduct and failed to remedy it or
take corrective action.
• Emphasize that the EEOC and the Supreme Court hold employers strictly account-
able for creating an environment free from sexual harassment.
Highlights in
• Review Highlights in HRM 2 in the textbook. HRM 2
• Discuss the Supreme Court case Oncale v Sundowner Offshore
Services, which is mentioned in the textbook. This important case made same-sex
harassment a defined form of sexual harassment.
• Investigating a sexual harassment complaint is an extremely important—and often
difficult—part of a manager’s or supervisor’s job. The text discusses the importance
of sexual harassment investigations. An interesting class activity is to present a sexual
harassment charge to the class and ask them how they would investigate the complaint
and the information they would seek to resolve the issues.
• Review the basic components of an effective sexual harass- Highlights in
ment policy found in Highlights in HRM 3. HRM 3

• Assign Case Study 2: Misplaced Affections: Discharge for Sexual

Harassment at the end of this chapter. Case Study 2

B. Sexual Orientation
• Sexual orientation is a topic of increasing concern to employees and employers.
The issue is highlighted by the growing demands of homosexuals for employment
guarantees and benefits offered to nonhomosexual employees.
• Currently, no federal laws guarantee homosexuals specific workplace rights. Legal
guarantees, if they exist in this area, are provided by state and local laws. Discuss
laws in your state or local area that address gay rights and what the statutes provide.
For example, in 2008 the California Supreme Court guaranteed same-sex
marriages.
• Companies are increasing to offer “gay-friendly” workplace initiatives as discussed
in the text. Ask student for specific examples they are aware of.
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34 Part 1: Human Resources Management in Perspective
• Transgendered and transsexual individuals are not covered by Title VII of the Civil
Rights Act. Gender only applies to one’s sex at the time of birth.
C. Immigration Reform and Control
• The Immigration Reform and Control Act, passed in 1986, prohibits a person or orga-
nization from hiring, recruiting, or referring for a fee persons who are not legally
eligible for employment in the United States. The purpose of this law is to control
illegal entry into the United States.
• This law places strict requirements on employers to verify the legal rights of job appli-
cants to work in the United States.
• Section 102 of the law prohibits employers from discriminating against any person
in hiring, discharge, recruiting, or referring for a fee because of that person’s national
origin or U.S. citizenship status.
• Illegal immigration is a topic of current importance. Hold a class discussion on this
topic including the pros and cons of the issue, the business and social costs involved,
and individual state laws addressing this topic.

D. Uniform Guidelines on Employee Selection Procedures

HR managers apply the Uniform Guidelines to employee selection procedures in the
areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral. The
Uniform Guidelines on Employee Selection Procedures is a publication issued to help
ensure that employers are meeting the requirements of federal antidiscrimination laws.
Review the definition of discrimination as given in the Uniform Guidelines.
1. Validity—Employers who use selection devices (i.e., tests) to choose employees
must be sure that the test is valid. A selection device is valid when it shows job
relatedness.

2. Adverse Impact and Disparate Treatment

• Adverse impact is an important term in the EEO area, and students should
understand its meaning and how it is determined. Explain that adverse impact
refers to the rejection for all areas of employment of a significantly higher per-
centage of a protected group in the population under consideration.
• There are two ways that adverse impact can exist:
a. Adverse Rejection Rate, or Four-Fifths Rule
• Students should understand how the four-fifths rule
Appendix
is determined by reviewing the appendix at the end
of this chapter.
• Use Presentation Slide 3-30: Determining Presentation
Discrimination: Adverse Rejection Rate, or Four- Slide 3-30
Fifths Rule as another example of determining the
four-fifths rule.
• Employers may also use simple statistics to show adverse impact. For
example, over a period of time, if 20 percent of all promotions in a depart-
ment go to white employees but only 5 percent go to black employees,
these figures can be used as supporting evidence of possible discrimination.

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Chapter 3: Equal Employment Opportunity and Human Resources Management 35
• Explain standard deviation analysis. In Hazelwood School District v United
States (1977), the U.S. Supreme Court set forth the use of this statistical
concept to measure whether the difference between the expected selection
rates for protected groups and the actual selection rates could be attributed
to chance. If chance is eliminated, then it is assumed that the selection
technique has an adverse impact.
b. Restricted Policy. An employment policy, intentional or unintentional, that
excludes members of a protected class is a restricted policy. Have students
identify organizational policies that might restrict the employment of protected
groups. A minimum height standard would be one example, since this standard
could serve to eliminate women or certain ethnic groups.
c. Griggs v Duke Power Company (1977)
• This leading Supreme Court decision established two important
principles affecting EEO. First, employer discrimination does not have to
be overt or intentional to be present, For example, an employer practice
can be illegal even when applied equally to all employees because the
practice serves to discriminate against a protected group. Ask the class
for examples (e.g., a height standard of six feet would screen out most
women or Asians).
• The second important point established by the Supreme Court in Griggs
was that employment practices must be job-related. This includes hiring
standards as well as job requirements. Employers bear the burden of
proof that employment requirements are job-related or constitute a
business necessity.
• Explain the difference between adverse impact and disparate treatment. Dispa-
rate treatment is a form of discrimination that exists when employers purpose-
fully favor one type of individual over others who may be qualified to perform
specific jobs. For example, an employer may favor younger employees over older
employees for heavy equipment sales positions.
• McDonnell Douglas Test. Employees may use this test to demonstrate disparate
treatment. An individual claiming discrimination must show she or he (1) is a
member of a protected class, (2) is qualified for the job applied for, (3) was rejected
despite being qualified, and that (4) after rejecting the individual the employer
continued to seek qualified applicants. If these four points are met, then the burden
of proof shifts to the employer to show that the action taken was not discriminatory.
3. Workforce Utilization Analysis
• Workforce utilization analysis is a comparison of the employer’s internal work-
force with that of the external labor market. This concept simply compares an
employer’s workforce by race and sex for specific job categories against the
surrounding labor market.
• The employer’s relevant labor market is the area from which job applicants are
drawn. The labor market for engineers may be regional or national but only local
for clerical applicants.

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36 Part 1: Human Resources Management in Perspective
• An employer’s internal workforce is said to be at parity when the percentage of
composition of the internal and external workforce is equal. Parity should exist
throughout the hierarchical levels of the organization.

IV. ENFORCING EQUAL EMPLOYMENT OPPORTUNITY LEGISLATION

• The federal agency responsible for enforcing equal employment opportunity is the EEOC.
The agency serves two important functions: (1) It issues various employment guidelines
and monitors employer practices, and (2) it protects employee rights through the investi-
gation and prosecution of alleged discrimination charges.
• The EEOC only issues administrative rules and regulations. These are not federal laws.
• Review and discuss Figure 3.4 in the textbook. Notice any trends in
Figure 3.4
yearly charges filed across the protected groups.
• The EEOC enforces Title VII, the Age Discrimination in Employment Act, the Equal Pay
Act, the Americans with Disabilities Act, and Executive Order 12067, which requires
the coordination of all federal EEO regulations, practices, and policies.
A. The Equal Employment Opportunity Commission
• The EEOC consists of five commissioners and a general counsel appointed by the
president of the United States and confirmed by the U.S. Senate.
• The day-to-day operation of the commission is performed throughout the United
States in district and area offices. The bulk of all discrimination activity takes place
in district offices.
B. Record-Keeping and Posting Requirements

• Organizations subject to Title VII are required by law to maintain various employ-
ment records and reports. Employers must also post selected EEO notices.
• Obtain from a district office of the EEOC the various reports and notices applicable
to employers. Distribute these in class and note their provisions. Obtain specifically
(1) a discrimination charge form, (2) an EEO-1 report form, and (3) various EEO
posters. The EEO web site also contains important material to share with students.
• Highlights in HRM 4 “2007 EEO-1 Survey” explains the Highlights
EEOC’s new EEO-1 Survey web-based filing system. In HRM 4

• Highlights in HRM 5 shows the EEO poster that covered Highlights

employers must post in the workplace. Explain that the poster in HRM 5
can be obtained online from the EEOC web site given in the text.

C. Processing Discrimination Charges

• Review and discuss Figure 3.5 in the textbook. Note that dis-
crimination charges must be filed within 180 days of the alleged Figure 3.5
occurrence (300 days in deferral states).

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Chapter 3: Equal Employment Opportunity and Human Resources Management 37
• Discuss how the EEOC refers discrimination charges to state agencies under the
deferral process.
• When discussing this section, it is important that students understand the steps fol-
lowed during a discrimination investigation; the time requirements for the different
stages of the investigation; the employer, employee, and agency responsibilities; and
the possible outcomes after the investigation is concluded.
• Use Presentation Slide 3-44: Preventing Discrimination Presentation
Charges. Explain that many organizations have established Slide 3-44
their own antidiscrimination systems to reduce external
complaints.
D. Retaliation
Employees have a legal right to file discrimination charges. Therefore, managers and
supervisors must not threaten employees, or change their employment conditions, when
employees elect to file discrimination charges against employers. A “hands-off” approach
should be followed. Also, employers cannot retaliate against employees who support
other employee’s filing a discrimination charge.
• Highlights in HRM 6 explains the EEOC’s guidelines on Highlights
retaliation. In HRM 6

E. Preventing Discrimination Charges

• Preventing discrimination begins with a comprehensive EEO policy. This policy
should list all EEO laws with examples and guidelines for preventing all forms of
discriminatory behavior.
• Stress that an EEO policy should have wide distribution throughout the organization.
A complete EEO policy will define sanctions when managers or employees engage
in discriminatory behavior.
• Preventing discrimination also includes proactive thoughts and Presentation
behavior. Presentation Slide 3-39 lists important tips to main- Slide 3-39
taining fairness in EEO and thus preventing discrimination
charges.

V. DIVERSITY MANAGEMENT: AFFIRMATIVE ACTION

Affirmative action requires employers to comply with antidiscrimination laws and also to cor-
rect past discrimination practices. Affirmative action is achieved by having employers follow
specific guidelines and goals to ensure a balanced and representative workforce. Employers
can make affirmative action efforts by recruiting, selecting, training, and promoting members
of protected classes.
A. Establishing Affirmative Action Programs
• Affirmative action programs are established either through (1) employer goodwill,
(2) court order, or (3) required OFCCP provisions. Formally established affirmative
action programs are a useful way of monitoring the progress of employees while
demonstrating good-faith employment effort.

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38 Part 1: Human Resources Management in Perspective
• Review Highlights in HRM 7 in the textbook. Ask students if Highlights in
they work for an organization having an affirmative action HRM 7
program. Ask them to describe how it works.
• In pursuit of affirmative action goals, employers have been accused of reverse dis-
crimination. Reverse discrimination happens when unprotected individuals believe
they are unfairly treated because of special treatment afforded protected classes. Two
leading U.S. Supreme Court cases in this area are discussed: University of California
Regents v Bakke and United Steelworkers of America v Weber.
• University of California Regents v Bakke (1978)—Stress to students that the Bakke
case is important because it is one of the most famous reverse discrimination cases.
The case was filed by Allen Bakke, a white male, when he was denied admission to
the medical school at the University of California at Davis. He charged the univer-
sity with reverse discrimination because it admitted minority students he believed
were less qualified than himself.
• In the Bakke case, the Supreme Court ruled that applicants must be evaluated on an
individual basis. Race can be an evaluative factor as long as other selection factors
are considered. Explain that through this case affirmative action was not judged
illegal per se as long as rigid quota systems were not strictly followed for different
protected class members.
• United Steelworkers of America v Weber (1979)—This case represents a challenge
to a voluntary affirmative action plan established to increase the number of black
workers in craft jobs in Kaiser’s Louisiana plant. The charge was filed by Brian Weber
when he was passed over for craft training in favor of less-senior black employees.
• In the Weber case, the Supreme Court ruled that voluntary affirmative action plans
are permissible where they attempt to correct current racial imbalances in “tradition-
ally segregated” job categories.
• Presentation Slide 3-46 lists the components of an effective Presentation
affirmative action plan. Slide 3-46

B. Managing Diversity: Affirmative Action

• The subject of affirmative action elicits various opinions and feelings from students.
Hold a class debate on what students believe are the pros and cons of affirmative
action.
• Discuss affirmative action as an issue of workforce diversity.
• Many scholars and practitioners note a difference between affirmative action/equal
employment opportunity and the topic of diversity. While diversity can include a
mixed workforce composed of different ethnic groups, ages, and individuals with
disabilities, diversity as a specific topic of discussion concerns the appreciation of
individuals because of their varied backgrounds. Diversity is also the study of indi-
vidual differences and whether individuals feel appreciated because of their differ-
ences. Therefore, diversity goes beyond simply hiring a mixed workforce.
• Note some of the challenges to affirmative action taking place throughout the nation.
The textbook discusses some of these challenges.

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Chapter 3: Equal Employment Opportunity and Human Resources Management 39
• Affirmative action received significant support in the 2003 Supreme Court decision
Grutter v Bollinger. Discuss this case in relation to the issue of diversity as noted by
Justice Sandra Day O’Connor.

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40 Part 1: Human Resources Management in Perspective

ANSWERS TO END-OF-CHAPTER DISCUSSION QUESTIONS

1. Highlights in HRM 4 in the textbook lists the components of an effective sexual harassment
policy.
2. Proponents of affirmative action argue that it corrects past patterns of discrimination and forces
organizations to take a proactive approach to hiring and promoting protected class members.
Affirmative action programs help organizations become socially responsible.
Those against affirmative action believe it is a form of reverse discrimination. They argue
that current employees should not suffer the ills of past discrimination. Furthermore, affirmative
action reduces productivity by hiring and promoting those who may be the least productive.
Highlights in HRM 7 in the chapter provides the basic steps in developing an effective affir-
mative action program.
3. The Uniform Guidelines on Employee Selection Procedures is published to assist organizations
covered by Title VII of the Civil Rights Act to comply with the requirements of antidiscrimina-
tory employment. The Guidelines is designed to help employers, labor organizations, employ-
ment agencies, and licensing and certification boards to comply with the law. The guidelines
apply to employee selection procedures in the areas of hiring, retention, promotion, transfer,
demotion, dismissal, and referral.
4. The EEOC requires covered employers, with 100 or more employees, to file the EEO-1 report
annually. This comprehensive report requires employers to list the race/ethnicity or gender of
all employees according to 10 job categories. The EEOC encourages self-reporting by
individuals; however, when employees refuse to self-report, visual identification is permitted.
The EEOC will use the data in the report to determine discrimination claims by employees, for
determining the employers overall workforce composition, and various research reports such as
the analysis of an appointment patterns of females and minorities by industry or region.
5. See Figure 3.1 and Figure 3.3 in the textbook for the major antidiscrimination laws.
6. Nancy has 180 days from alleged discrimination (300 days in deferral states) to file a charge
of discrimination. Figure 3.6 in the textbook illustrates the steps followed by the EEOC when
processing a charge of discrimination. Nancy has the option to withdraw the charge at any
time during the EEOC’s investigation. If the EEOC dismisses the charge, Nancy can file an
individual suit after receiving a right-to-sue letter from the EEOC. Should the EEOC fail to sue
in Nancy’s behalf and should her charge have merit (a conciliation argument is not reached),
she may begin an individual suit within 90 days.
7. Although the United States has long prohibited racial discrimination in employment, it was not
until the mid-1950s and early 1960s that nondiscriminatory employment became a strong social
concern. Three factors influenced the growth of EEO: (1) a growing body of laws and government
regulations, (2) a changed social attitude toward employment discrimination, and (3) published
studies highlighting the economic problems of women, minorities, and other disadvantaged
groups.
8. The EEOC has adopted the 4/5 rule as a statistical method to determine the initial validity of
adverse impact discrimination charges. According to the uniform guidelines, a selection
program, hiring, promotion, training, etc. has an adverse impact when the selection rate for any
racial, ethnic, or gender class is less than four-fifths (or 80%) of the rate of the class with the

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U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3: Equal Employment Opportunity and Human Resources Management 41
highest selection rate. This procedure allows the EEOC to monitor, or decide, serious
discrepancies in the employment practices of employers. The appendix to Chapter 3 explains
and provides an example of how the four-fifths rule is computed. Review the four-fifths
procedure with students.
The EEOC may also use standard deviation analysis to determine adverse impact. This
procedure determines the “chance” happening of an employer’s selection rate for protected
groups compared to the employer’s actual selection rates. If chance is eliminated for the lower
selection rate of the protected class, the EEOC assumes that the employer’s selection technique
has an adverse impact on the employment opportunities of the protected groups.

Sexual Harassment: A Frank Discussion

The intent of this exercise is to promote a frank and open discussion of this
emotional and legal topic. Encourage participants to freely express their opinions.
1. As defined by the EEOC, Type I sexual harassment, also called quid pro quo sexual
harassment, happens when submission of sexual activity is directly tied to offers of
employment or penalty, such as denial of a promotion. Offers of salary increases,
promotions, additional training, or other positive employment benefits are examples
of Type I sexual harassment when the granting of benefits are conditioned upon
receiving a sexual favor.
Type II sexual harassment is unwanted sexual conduct where its occurrence creates
an intimidating, hostile, or offensive working environment. Nude pictures, vulgar
jokes, or sexual comments of an unfavorable nature are of this type.
HRM EXPERIENCE

There is often no disagreement among males and females regarding Type I sexual
harassment. Requests for sexual favors based on promises of improved employment
opportunities are usually straight forward and clear cut. However, when Type II
charges arise, what may be seen as sexually offensive by women may not be seen as
sexually offensive by men. A dirty joke may be viewed differently by members of
the opposite sex. Type II complaints can be very much “in the eyes of the beholder.”
2. The number of reported sexual harassment charges by the EEOC is significant. See
Figure 3.4 in the text. Another large number of cases can be reported and resolved
through an organization’s internal complaint procedure. It is also reported that a
large number of sexual harassment incidents happen but are not reported to either the
EEOC or the employer. Reasons may include fear of reprisal, inability to prove a
charge, fear of being a troublemaker, or reasons of a personal nature. Organizations
that have a proactive policy for filing sexual harassment charges are trying to address
these concerns.
3. Contents of the training sessions should cover at a minimum the EEOC’s definition
of sexual harassment and Type I and Type II sexual harassment cases. Examples of
various forms of sexual harassment should be provided. Other material could include
the organization’s “zero tolerance” policy toward sexual harassment and specifics on
how a sexual harassment complaint should be filed and investigated. Penalties for

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U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part.
42 Part 1: Human Resources Management in Perspective
sexual harassment could be explained. All employers and managers should be
exposed to training sessions.

NOTES FOR END-OF-CHAPTER CASE STUDIES

Building a Stealth Fighter with Virtual Teams Case Study 1:
1. Virtual teams allow employees to work interdependently across large or short geographical
areas. They reduce costs through reductions in travel time and commuting costs. Virtual teams
increase organizational efficiency through cross-functional coordination of projects, product
design requirements, manufacturing capabilities or marketing opportunities. An important advan-
tage of virtual teams is that they permit organizations to tap the potential skills and expertise of
a multitalented workforce that is geographically disbursed.
2. Virtual teams working internationally can experience language and cultural barriers as well as
logistical problems related to different time zones. Network connections aren’t always reliable,
so real-time collaboration sessions sometimes cut off suddenly in midstream. With the lack of
face-to-face contact, virtual team members may encounter behavioral problems such as differ-
ences in values, beliefs, or disagreements over how work is to be done. Conflict between team

members separated geographically is harder to resolve. One major problem often identified
with virtual teams is their inability to establish clear objectives, goals, or performance standards
prior to starting a project or task.
3. Because of their geographical separation, virtual team members need training in goal setting or
task objectives. Where culturally diverse teams interact, training in cultural differences such as
reporting arrangements, work attitudes, beliefs, or attitude toward time need to be explored.
Training in the technologies used virtually will be needed for those unfamiliar with various
technologies used. Finally, virtual teams may need specific training in conflict resolution to
iron out differences between team members.

How Would You Manage the Empty Cubicles: Case Study 2: Vacancy?
1. The following have been identified by both employees and managers as benefits of telecommuting:
• Companies can recruit and keep the best talent when they offer telecommuting.
• Money is saved on capital expenditures, office space, parking, and so on.
• Employees who telecommute can be more efficient and productive.
• A home office can be quieter than an office workplace.
• Employees save money on lunches, parking, and related travel costs.
• Telecommuting is a family-friendly work benefit.

2. Disadvantages to telecommuting might include the following:

• There is no clear division between work time and nonwork time.
• There can be a sense of isolation.
• There may be equipment breakdowns.

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Chapter 3: Equal Employment Opportunity and Human Resources Management 43
• Supervision may be more difficult, including evaluating employee performance.
• There is a feeling by telecommuters that they are on call 24 hours a day.
• Creativity, brainstorming, and personal interaction between employees is lost.
• Telecommuters often feel “out of the loop.”
3. Managers believe that successful telecommuters possess the following characteristics:
• Self-starters
• Goal oriented
• Strong self-discipline
• Willingness to work in isolation

4. Figure 3.9 in the textbook will assist students to complete this question.

© 2010 Cengage Learning. All Rights Reserved. This edition is intended for use outside of the U.S. only, with content that may be different from the
U.S. Edition. May not be scanned, copied, duplicated, or posted to a publicly accessible website, in whole or in part.