2/17/2016 Prof.

Chirag Thaker #9909 008 009

Sex/Gender Discrimination Laws

The Pregnancy Discrimination Act (PDA)

Requires that any employer with 15 or more employees treat
maternity leave the same as other personal or medical
leaves.
Family and Medical Leave Act (FMLA)
Requires that individuals be given up to 12 weeks of family
leave without pay and also requires that those taking family
leave be allowed to return to jobs.

2/17/2016 Prof.Chirag Thaker #9909 008 009

Sex/Gender Discrimination
The Equal Pay Act
Requires employers to pay similar
wage rates for similar work without
regard to gender.
Allowable differences in pay:
1. Differences in seniority
2. Differences in performance
3. Differences in quality and/or
quantity
of production
4. Factors other than sex, such as
skill, effort, and working conditions
2/17/2016 Prof.Chirag Thaker #9909 008 009
Sex/Gender Discrimination (contd)

Pay Equity (Comparable Worth)

The concept that pay for jobs requiring comparable levels of
knowledge, skill, and ability should be paid similarity, even if
actual duties differ significantly.
Arises from the continuing gap between the earnings of
women and men.
Courts have consistently ruled against the concept.

2/17/2016 Prof.Chirag Thaker #9909 008 009

Managing Sex/Gender Issues

Guidelines for avoiding illegal pay inequities:

Include all benefits and other items that are part of
remuneration to calculate total compensation for the most
accurate overall picture.
Make sure people know how the pay practices work.
Base pay on the value of jobs and performance.
Benchmark against local and national markets so that pay
structures are competitive.
Conduct frequent audits to ensure there are no gender-based
inequities and that pay is fair internally.

2/17/2016 Prof.Chirag Thaker #9909 008 009

The Glass Ceiling
Invisible but real barrier through which the next
stageor level of advancement can be seen, but cannot
be reached by asectionofqualifiedand
deservingemployees. Such barriers existdueto
implicitprejudiceon the basis of age, ethnicity, political
or religious affiliation, and/orsex. Although generally
illegal, suchpracticesprevalent in mostcountries.

2/17/2016 Prof.Chirag Thaker #9909 008 009

The Glass Ceiling

Establish mentoring programs

Provide career area rotation

opportunities

Include women and minorities Breaking

in top management the Glass
Establish retention and
progression goals for females

Provide alternative working

arrangements

2/17/2016 Prof.Chirag Thaker #9909 008 009

 FIGURE 35 Women as Percentage of Total Employees
by Selected Industries

Source: U.S. Department of Labor, Bureau of Labor Statistics, 2009, www.bls.gov.

2/17/2016 Prof.Chirag Thaker #9909 008 009

Managing Sex/Gender Issues
(contd)
Sexual Harassment
Actions that are sexually directed, are unwanted, and subject
the worker to adverse employment conditions or create a
hostile work environment.
Can occur between a boss and a subordinate, among co-
workers, and when non-employees have business contacts
with employees.

2/17/2016 Prof.Chirag Thaker #9909 008 009

 FIGURE 36 Potential Sexual Harassers

2/17/2016 Prof.Chirag Thaker #9909 008 009

Types of Sexual Harassment

Quid Pro Quo Hostile Environment

Harassment in which Intimidating or offensive

employment outcomes are working conditions that
linked to the harassed unreasonably affect an
individual granting sexual individuals work performance
favors to the harasser or psychological well-being

2/17/2016 Prof.Chirag Thaker #9909 008 009

 FIGURE 37
Sexual Harassment
Liability Determination

2/17/2016 Prof.Chirag Thaker #9909 008 009

Employer Responses to Sexual
Harassment

Taking
Reasonable
Care

Sexual
Communicate Train Investigate and
harassment
policy employees take action
policy

2/17/2016 Prof.Chirag Thaker #9909 008 009