Three factors influenced the growth of EEO legislation: changing attitudes toward employment discrimination, published reports highlighting economic problems faced by women and minorities, and early legal developments protecting individuals from discrimination. Major federal laws governing equal employment opportunity include the Equal Pay Act, Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, and Civil Rights Act of 1991. Other issues addressed are sexual harassment, sexual orientation, and immigration reform. Employers must comply with regulations regarding adverse impact and disparate treatment, properly document and retain workforce data and employment records, and establish procedures for processing discrimination charges.
2. Chapter 3
Equal Employment Opportunity andEqual Employment Opportunity and
Human Resources ManagementHuman Resources Management
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3. Objective 1
Historical Perspective of EEOHistorical Perspective of EEO
LegislationLegislation
Three factors seem to haveThree factors seem to have
influenced the growth of EEOinfluenced the growth of EEO
legislation: (1) Changing attitudeslegislation: (1) Changing attitudes
toward employmenttoward employment
discrimination; (2) Publisheddiscrimination; (2) Published
reports highlighting the economicreports highlighting the economic
problems of women, minorities,problems of women, minorities,遺壊鞄温姻一息20
4. Historical Perspective of EEOHistorical Perspective of EEO
LegislationLegislation
1.1.Changing National ValuesChanging National Values
2.2.Economic DisparityEconomic Disparity
3.3.Early Legal DevelopmentEarly Legal Development
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5. Government Regulation Of Equal Employment OpportunityGovernment Regulation Of Equal Employment Opportunity
1.1. Major Federal LawsMajor Federal Laws
2.2. Equal Pay ActEqual Pay Act
3.3. Civil Rights Act of 1964Civil Rights Act of 1964
-Bona Fide Occupational Qualification-Bona Fide Occupational Qualification
-Religius Preference-Religius Preference
4. Age Discrimination in Employment Act of 19674. Age Discrimination in Employment Act of 1967
5. Equal Employment Opportunity Act of 19725. Equal Employment Opportunity Act of 1972
6. Pregnancy Discrimination Act of 19786. Pregnancy Discrimination Act of 1978
7. Americans with Disabilities Act of 19907. Americans with Disabilities Act of 1990
8. Civil Rights Act of 19918. Civil Rights Act of 1991
9. Uniformed Services Employment and Reemployment Rights Act of 19949. Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA)(USERRA)
10. Other Federal Laws and Executive Orders10. Other Federal Laws and Executive Orders
11. Vocational Rehabilitation Act of 197311. Vocational Rehabilitation Act of 1973
12. Executive Order 1124612. Executive Order 11246
13. Fair Employment Practice Law13. Fair Employment Practice Law
Objective 2
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6. Objective 3
Other Equal Employment Opportunity IssuesOther Equal Employment Opportunity Issues
1.1. Sexual HarassmentSexual Harassment
Sexual Harassment is Bullying or coercion of aSexual Harassment is Bullying or coercion of a
sexual nature or the unwelcome orsexual nature or the unwelcome or
inappropriate promise of rewards in exchangeinappropriate promise of rewards in exchange
for sexual favors.for sexual favors.
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7. Other Equal Employment Opportunity IssuesOther Equal Employment Opportunity Issues
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2.2. Sexual OrientationSexual Orientation
Sexual Orientation is an enduring personal qualitySexual Orientation is an enduring personal quality
that inclines people to feel romantic or sexualthat inclines people to feel romantic or sexual
attraction (or a combination of these) to personsattraction (or a combination of these) to persons
of the opposite sex or gender, the sense sex orof the opposite sex or gender, the sense sex or
gender, or both sexes or more than one gender.gender, or both sexes or more than one gender.
8. 3. Immigration Reform and Control3. Immigration Reform and Control
The Immigration Reform and Control Act (IRCA)The Immigration Reform and Control Act (IRCA)
enacted November 6, 1986, also Simpson-enacted November 6, 1986, also Simpson-
Mazzoli Act is an Act of congress whichMazzoli Act is an Act of congress which
reformed United States immigration law.reformed United States immigration law.
Other Equal Employment Opportunity IssuesOther Equal Employment Opportunity Issues
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9. Uniform Guidelines on Employee
Selection Procedures
A procedural document published in the Federal Register to helpA procedural document published in the Federal Register to help
employers comply with federal regulations against discriminatoryemployers comply with federal regulations against discriminatory
actions.actions.
Objective 4
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10. Adverse Impact and Disparate TreatmentAdverse Impact and Disparate Treatment
A concept that refers to the rejection of aA concept that refers to the rejection of a
significantly higher percentage of asignificantly higher percentage of a
protected class for employment,protected class for employment,
placement, or promotion when comparedplacement, or promotion when compared
with the successful, non protected class.with the successful, non protected class.
Objective 5
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11. Adverse Impact and Disparate TreatmentAdverse Impact and Disparate Treatment
1.1. Adverse Rejection Rate, or Four-fifth RuleAdverse Rejection Rate, or Four-fifth Rule
A rule of thumb followed by the EqualA rule of thumb followed by the Equal
Employment Opportunity Commission inEmployment Opportunity Commission in
determining adverse impact for use indetermining adverse impact for use in
enforcement proceedings.enforcement proceedings.
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12. Adverse Impact and Disparate TreatmentAdverse Impact and Disparate Treatment
2. Disparate Treatment2. Disparate Treatment
A situation in which protected class membersA situation in which protected class members
receive unequal treatment or are evaluated byreceive unequal treatment or are evaluated by
different standards.different standards.
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13. Two basic ways that adverse impact exist:Two basic ways that adverse impact exist:
1.1. Adverse Rejection Rate, or four-fifth rule.Adverse Rejection Rate, or four-fifth rule.
A rule of thumb followed by the equal equalA rule of thumb followed by the equal equal
employment opportunity commission inemployment opportunity commission in
determining adverse impact for use indetermining adverse impact for use in
enforcement proceeding.enforcement proceeding.
2.2. Restrict PolicyRestrict Policy
Any evidence that an employer has a selectionAny evidence that an employer has a selection
procedure that exclude member of aprocedure that exclude member of a
protective class.protective class.
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14. Adverse Impact and Disparate TreatmentAdverse Impact and Disparate Treatment
Workforce Utilization AnalysisWorkforce Utilization Analysis
A process of classifying protected-classA process of classifying protected-class
members by number and by the type ofmembers by number and by the type of
job they hold within the organization.job they hold within the organization.
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15. Record-Keeping and Posting RequirementsRecord-Keeping and Posting Requirements
Law to maintain specific employment records and reports.Law to maintain specific employment records and reports.
Employers are required to post selected equal employmentEmployers are required to post selected equal employment
opportunity notices and to summarize the composition ofopportunity notices and to summarize the composition of
their workforce in order to determine the distribution oftheir workforce in order to determine the distribution of
protected individualsprotected individuals..
Objective 6
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16. For Example :For Example :
Managers must generate and retain for specific timeManagers must generate and retain for specific time
periods different employment data under each ofperiods different employment data under each of
following laws : Title VII, Age Discrimination infollowing laws : Title VII, Age Discrimination in
Employment Act, and Equal Pay Act. When federalEmployment Act, and Equal Pay Act. When federal
contractors are required to have written affirmativecontractors are required to have written affirmative
action programs, these must be retained along withaction programs, these must be retained along with
supporting documents (such as names of jobsupporting documents (such as names of job
applicants, rejection ration, and seniority lists). Theapplicants, rejection ration, and seniority lists). The
data must file annually andata must file annually an EEO-1 report (EmployerEEO-1 report (Employer
Information Report)Information Report)
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17. EEO-1 Report is..EEO-1 Report is..
An employer information report that mustAn employer information report that must
be filed annually by employers of 100 orbe filed annually by employers of 100 or
more employees (except state and localmore employees (except state and local
government employers) and governmentgovernment employers) and government
contractors and subcotractors to determinecontractors and subcotractors to determine
an employers workforce composition.an employers workforce composition.
In preparing the EEO-1 report, employeeIn preparing the EEO-1 report, employee
self-identification is the preferred method ofself-identification is the preferred method of
identifying gender, race, and ethnicidentifying gender, race, and ethnic
information.information.
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19. Processing Discrimination Charges
A discrimination complaint filed with the EEOCA discrimination complaint filed with the EEOC
by employees or a job applicants.by employees or a job applicants.
Objective 7
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20. Filing a ChargeFiling a Charge ofof DiscriminationDiscrimination
Charge filedCharge filed
Employer receives
copy of charge
Employer receives
copy of charge
Deferred to state
agency
Deferred to state
agency
SuccessfulSuccessfulSuit filed by
individual
Suit filed by
individual
SettlementSettlementFinding of
reasonable cause
Finding of
reasonable cause
Determination to
dismiss charge
Determination to
dismiss charge
EEOC
investigation
EEOC
investigation
Failure to file suit
within 180 days
Failure to file suit
within 180 days
ConciliationConciliation
Individual may sue
within 90 days
Individual may sue
within 90 days
Unsuccessful
suit filed by
EEOC
Unsuccessful
suit filed by
EEOC
Federal District CourtFederal District Court
21. Managers and supervisor are the key toManagers and supervisor are the key to
preventing and correcting discrimination, theypreventing and correcting discrimination, they
must be trained to understand employee rightsmust be trained to understand employee rights
and managerial obligations.and managerial obligations.
Preventing Discrimination Charges
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