EEO & Diversity: Understanding Equal Employment Opportunity Laws and Sexual Harassment - P, Study notes of Human Resource Management

Download EEO & Diversity: Understanding Equal Employment Opportunity Laws and Sexual Harassment - P and more Study notes Human Resource Management in PDF only on Docsity! EEO & DIVERSITY I. BACKGROUND II. LAWS III. TERMS & PROCESSES IV. SEXUAL HARASSMENT I. BACKGROUND A.History 1. Organizations have "things" that people value  Money  Security  Status  Power  Lifestyle 2. Society has questioned organizations' behavior  Are the good "things" equitably distributed?  Is society still "free" enough so that a person can better him- or herself? B.Federal government role 1. In past half-century federal government through legislation & the courts has assumed a watchdog role with respect to organizations' behavior C.HRM role 1. Most federal laws implicate HRM practices 2. The "biggies"  Pay  Promotion  Hire, layoff due to downsizing & terminate  Job transfer  Later sexual harassment II. FEDERAL LAWS NOTE: SEE HANDOUT A.1866 Civil Rights Act  B.1963 Equal Pay Act  C.1964 Civil Rights Act  D.1965 Executive Order 11246  E. 1967 Age Discrimination Act  F. 1973 Rehabilitation Act  G.1978 Pregnancy Discrimination Act  H.1990 Americans with Disabilities Act  I. 1991 Civil Rights Act  2 F.Keys to business defense 1. BFOC   In some instances, a protected status may also be the basis of rejecting a candidate or asking someone to retire  Courts tend to be very strict with these allowances  Examples  2. Business necessity  3. Validity defenses  most often associated with paper-and-pencil tests, but relevant for all selection tools  Content   Construct  5  Criterion  G. Key Supreme Court Cases  Handout IV. SEXUAL HARASSMENT A.History 1. Outgrowth of Title VII 2. Required statutory construction 3. Enforcement by the EEOC B.Definition  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when:  Submission to such conduct is a condition of employment  Submission to or rejection of such conduct is the basis for employment decisions  Such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment C.Types of cases 1. Physical coercion 2. Quid pro quo 3. Hostile working environment 6 4. Examples  D.Issues 1. The "eggshell" 2. Intent v. effect 3. Vulnerability/liability 7