Transcript Chapter #2 part 2 - University of Central Oklahoma

Chapter #2 part 2
Equal Opportunity and the Law
State and Local EEO laws
 State and local laws usually further restrict
employer’s treatment of employees
 Example
 VII may cover firms with fewer than 15
Defenses against Discrimination
Allegations
 Disparate Treatment charge
– Requires no more than a finding that men were
INTENTIONALLY treated differently than
women
 Disparate Impact charge
– This has greater impact effects more people
– Regardless of INTENT
– Resulted in adverse impact
Adverse Impact
 Discrimination resulting in rejecting protected
groups
 Only Needs prima facie evidence
 Burden of proof on er
 How to show adverse impact
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1. Disparate rejection rates (80% rule)
2. Restricted Policy (even unintentional)
3. Population Comparisons
4. McDonnell-Douglas Test
Bona Fide Occupational
Qualifications
 Courts interpret this exception narrowly
– Age as BFOQ
– Religion as BFOQ
– Gender as BFOQ
– National origin as BFOQ
– Dress.. court rules for boss usually hair,
piercings, uniforms.must respect gender
Business Necessity
 Another defense
 There is an overriding business purpose For
discrimination
 Good intent does not redeem procedures
 That have no business necessity
Other Discriminatory recruitment
practices
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Word of mouth
Misleading information
Educational requirement
Tests
Height weight and physical characteristics
Arrest records
Application forms
Discharge due to garnishments
EEOC Enforcement Process
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You have two years to file after incident
Usually referred to a state EEOC agency.
EEOC has ten days to serve notice to er
EEOC investigate for reasonable cause
If no cause it issues charging party right to
sue with in 90 days
 If cause is found than first conciliation, than
 If it fails EEOC files civil suit
How should a HR Manager respond
to a charge? eeoc.gov or look #46
 Remember investigators are NOT judges
 Meet with charging ee to clarify all relavent
issues, witnesses ?,who was involved etc
 Cooperate with fact finding conference
 Make your own investigation
 Make a position statement
– We understand the charge and here are our
discrimination policies…..
 Conciliation: complete relief to charging
party
 Voluntary mediation: third party assists
 Mandatory arbitration:
– Problem both side must agree on person
– ADR programs, alternate dispute agreements
 Rockwell employees must sign in order to participate
in stock option plans
DIVERISTY PROGRAMS
 Take steps to maximize diversity potential
– Provide strong leadership
– Assess your current state of ee ”mix”
– Provide diversity training
– Watch performance criteria
– Attitude surveys
 Which of the following are NOT covered by
ADA
 A. SCHIZOPHRENIA
 B. AIDS VICTIMS
 C. HOMOSEXUALITY
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 McDonald Douglas test is
 A. Based on populations comparisons
 B. Demonstrates that certain groups are
excluded
 C. some are told the job is “closed” when it
is not
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 Requirements that an ee be o a certain race
e or gender
 A. BFOQ
 Restricted policy
 Populations comparisons
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EEOC claims must be filed within
A. 10 days of incident
B. 30 days
C. 2 years
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EEOC has the right to
A. Sue company
B. Investigate claim
C. Give lawyers right to sue
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 Affirmative action
 A. Makes up for past discriminatory
 B. May require written plans for action
 C. Both above are correct
 Bakke v. The Regents of Calif was a case
about
 A. Testing
 B. Age discrimination
 C. Reverse discrimination