Equal Opportunity Employment: Fundamentals of HRM Chapter 3 Analysis

This assignment provides a comprehensive overview of Equal Opportunity Employment (EEO) principles, focusing on Chapter 3 of the "Fundamentals of Human Resource Management" 11th edition. It delves into key legislation, including the 1964 Civil Rights Act, the Equal Employment Opportunity Act, and various executive orders, outlining the scope of protection against discrimination based on race, religion, color, gender, and national origin. The assignment also examines the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, the Pregnancy Discrimination Act, and the Americans with Disabilities Act (ADA), detailing the rights and responsibilities of both employers and employees. Furthermore, it covers the Civil Rights Act of 1991, the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and the Genetic Information Nondiscrimination Act (GINA). The document explores preventing discrimination through the Uniform Guidelines on Employee Selection Procedures, adverse impact, and adverse treatment, including tests like the 4/5ths rule, geographical comparisons, restricted policy and the McDonnell Douglas test. It concludes by discussing affirmative action plans, responses to discrimination charges, and enforcement mechanisms by the EEOC and OFCCP, along with current issues like sexual harassment.

Fundamentals of
Human Resource Management 11e
Chapter 3
Equal Opportunity Employment

▪ Almost every U.S. organization, public and private, must
abide by
• The 1964 Civil Rights Act
• Its 1972 amendment, the Equal Employment Opportunity
Act.
• Other federal laws regulating employment
Introduction
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State and municipal laws may go beyond federal laws

Laws Affecting Discriminatory
Practices
Fundamentals of Human Resource Management 11e 3
▪ The 1964 Civil Rights Act
• Outlawed racial segregation and discrimination in
employment, public facilities, and education
• Title VII covers hiring, promotion, dismissal, benefits,
compensation or any other terms, conditions, or privileges
based on:
• Race
• Religion
• Color
• Gender
• National origin
Organizations must have at least
15 employees to be covered.

▪ Based on personal characteristics related to
race such as:
• Skin color
• Hair texture
• Facial features
• Name
• Attire
• Accent
• Marriage to a minority
Race and Color Discrimination
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▪ Based on religious beliefs and how they are
practiced:
• All religions are covered
• Absence of religion is covered too
• Protected beliefs must be sincerely held
• Employer must be notified
Religious Discrimination
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▪ Reasonable accommodations must be made as
long as they don’t cause an undue hardship for
the employer. Accommodations may include:
• Dress
• Head coverings
• Facial hair
• Religious holidays
Religious Discrimination
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▪ Based on citizenship or permanent residence
status
▪ May overlap with race or color discrimination
▪ Examples:
• Name
• Dress
• Accent
National Origin Discrimination
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▪ Expanded and clarified by other laws.
▪ Examples of discrimination include differences
in treatment that involve:
• Wages and benefits
• Procedures
• Leaves of absence
• Dress codes
• Job categories
Sex and Gender Discrimination
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▪ The 1972 Equal Employment Opportunity Act
(EEOA)
▪ Enforced the 1964 Civil Rights Act
▪ Established the Equal Employment Opportunity
Commission (EEOC)
▪ Expanded scope of civil rights protection to employees of
state and local governments, education, and labor
▪ Introduced affirmative action (Exec. Order 11246)
Laws Affecting Discriminatory
Practices
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The EEOC website has helpful information for employees and employers
Their “Youth at Work” website helps young workers understand their rights.

Laws Affecting Discriminatory
Practices
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▪ Executive Order 11246
• prohibits discrimination by federal agencies and contractors
or subcontractors
▪ Executive Order 11375
• added sex-based criteria to 11246
▪ Executive Order 11478
• added that employment practices of the federal government
must be based on merit and prohibit discrimination

Laws Affecting Discriminatory
Practices
Fundamentals of Human Resource Management 11e 11
▪ 1967 Age Discrimination in Employment Act
(ADEA)
▪ Protects people 40 and older
▪ Stopped companies from requiring mandatory retirement
at any age
▪ Possible discriminatory practices may include:
• Fitness requirements not relevant to the position
• Different health benefits
• Changing job requirements
• Layoffs that target older workers

▪ Equal Pay Act (1963)
• As long as jobs are substantially equal, pay should
be equal
• Lilly Ledbetter Fair Pay Act (2009)
▪Allows workers to file pay discrimination claims within
180 days of any discriminatory paycheck.
Laws Affecting Discriminatory
Practices.
12Fundamentals of Human Resource Management 11e