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Fundamentals of Human 
Resource Management 
Eighth Edition 
DeCenzo and Robbins 
Chapter 3 
Equal Opportunity Employment 
Fundamentals of Human Resource
Introduction 
• Government legislation 
affects all HRM functions 
• State and municipal laws 
impact HRM, as well as 
the Federal laws 
Fundamentals of Human Resource
Civil Rights Act of 1964 
• prohibits discrimination in: 
– hiring 
– compensation 
– terms, conditions or privileges of employment 
• based on: 
– race 
– religion 
– color 
– gender 
– national origin 
• Applies to any organization with 15 or more 
employees. 
Fundamentals of Human Resource
Civil Rights Act of 1964 
– demonstrated that selection criteria must 
be directly relevant to the job. 
• Equal Employment Opportunity Act 
(EEOA) 
– Granted enforcement powers to the EEOC 
• Equal Employment Opportunity 
Commission (EEOC) 
– The arm of the federal government 
empowered to handle discrimination in 
employment cases 
Fundamentals of Human Resource
Civil Rights Act of 1964 
– Reflect the basis that white males made up the 
majority of workers 
– Companies in the 70’s were still growing and could 
accommodate more workers 
– Minorities should be hired to correct past 
discrimination 
– Legal and social coercion were necessary to bring 
about change 
• Involves: 
– analyzing current work force demographics 
– establishing goals and timetables for correcting 
imbalances 
Fundamentals of Human Resource
• Controversy and criticism of preferences in 
employment for protected groups is causing 
legislative bodies to take a second look at 
Affirmative Action. 
• Adverse (disparate) impact 
– occurs when there is a greater rejection rate in an 
occupation for a protected group (those 
protected under discrimination laws) than for the 
majority group. 
• Adverse (disparate) treatment 
– occurs when members of a protected group are 
treated differently than other employees. 
Fundamentals of Human Resource
Laws Affecting Discriminatory 
Practices 
– Prohibits discrimination on the basis of 
religion, color, and national origin 
• Affects 
– Federal agencies 
– Those working under federal contracts 
Fundamentals of Human Resource
Laws Affecting Discriminatory 
Practices 
• Age Discrimination in 
Employment 
– protects those 40 and older 
– eliminates mandatory 
retirement and the random 
replacement of older workers 
with younger workers 
– provides for oversight in 
pension and benefit issues 
Fundamentals of Human Resource
Laws Affecting Discriminatory 
Practices 
• The Americans with Disabilities 
– Extends protection of Vocational 
Rehabilitation Act to most forms of 
disability status (contagious 
diseases). 
– Requires companies to make 
reasonable accommodations for 
qualified applicants and employees. 
– Covers private companies and all 
public service organizations. 
Fundamentals of Human Resource
Laws Affecting Discriminatory 
Practices 
– Prohibits discrimination based on: 
• Political affiliation 
• Marital status 
• Physical handicap 
Fundamentals of Human Resource
Responding to an EEO Charge 
• Business Necessity 
– the right to expect 
employees to perform 
successfully 
– shown by demonstrating 
that selection criteria 
are job-related 
Fundamentals of Human Resource
HRM in a Global Environment 
• Laws affecting Human 
Resource Management vary 
greatly by country. 
• Canadian laws closely parallel 
those in the U.S. 
• In Mexico, employees more 
likely to be unionized. 
• Australia’s discrimination laws 
not passed until the 1980s 
Fundamentals of Human Resource
Current Issues in Employment 
Law 
• Are Women Reaching the Top of 
Organizations? 
– Comparable worth - determining fair pay for both 
female-oriented jobs and male-oriented jobs 
based on comparable skill, effort, and 
responsibility. 
– Glass ceiling - lack of women and minority 
representation at the top levels of organizations. 
– has glass ceiling initiative. 
• Promotes career development 
for women and minorities. 
• Looks for such in its audits. 
Fundamentals of Human Resource

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Equal Opportunity Employment

  • 1. Fundamentals of Human Resource Management Eighth Edition DeCenzo and Robbins Chapter 3 Equal Opportunity Employment Fundamentals of Human Resource
  • 2. Introduction • Government legislation affects all HRM functions • State and municipal laws impact HRM, as well as the Federal laws Fundamentals of Human Resource
  • 3. Civil Rights Act of 1964 • prohibits discrimination in: – hiring – compensation – terms, conditions or privileges of employment • based on: – race – religion – color – gender – national origin • Applies to any organization with 15 or more employees. Fundamentals of Human Resource
  • 4. Civil Rights Act of 1964 – demonstrated that selection criteria must be directly relevant to the job. • Equal Employment Opportunity Act (EEOA) – Granted enforcement powers to the EEOC • Equal Employment Opportunity Commission (EEOC) – The arm of the federal government empowered to handle discrimination in employment cases Fundamentals of Human Resource
  • 5. Civil Rights Act of 1964 – Reflect the basis that white males made up the majority of workers – Companies in the 70’s were still growing and could accommodate more workers – Minorities should be hired to correct past discrimination – Legal and social coercion were necessary to bring about change • Involves: – analyzing current work force demographics – establishing goals and timetables for correcting imbalances Fundamentals of Human Resource
  • 6. • Controversy and criticism of preferences in employment for protected groups is causing legislative bodies to take a second look at Affirmative Action. • Adverse (disparate) impact – occurs when there is a greater rejection rate in an occupation for a protected group (those protected under discrimination laws) than for the majority group. • Adverse (disparate) treatment – occurs when members of a protected group are treated differently than other employees. Fundamentals of Human Resource
  • 7. Laws Affecting Discriminatory Practices – Prohibits discrimination on the basis of religion, color, and national origin • Affects – Federal agencies – Those working under federal contracts Fundamentals of Human Resource
  • 8. Laws Affecting Discriminatory Practices • Age Discrimination in Employment – protects those 40 and older – eliminates mandatory retirement and the random replacement of older workers with younger workers – provides for oversight in pension and benefit issues Fundamentals of Human Resource
  • 9. Laws Affecting Discriminatory Practices • The Americans with Disabilities – Extends protection of Vocational Rehabilitation Act to most forms of disability status (contagious diseases). – Requires companies to make reasonable accommodations for qualified applicants and employees. – Covers private companies and all public service organizations. Fundamentals of Human Resource
  • 10. Laws Affecting Discriminatory Practices – Prohibits discrimination based on: • Political affiliation • Marital status • Physical handicap Fundamentals of Human Resource
  • 11. Responding to an EEO Charge • Business Necessity – the right to expect employees to perform successfully – shown by demonstrating that selection criteria are job-related Fundamentals of Human Resource
  • 12. HRM in a Global Environment • Laws affecting Human Resource Management vary greatly by country. • Canadian laws closely parallel those in the U.S. • In Mexico, employees more likely to be unionized. • Australia’s discrimination laws not passed until the 1980s Fundamentals of Human Resource
  • 13. Current Issues in Employment Law • Are Women Reaching the Top of Organizations? – Comparable worth - determining fair pay for both female-oriented jobs and male-oriented jobs based on comparable skill, effort, and responsibility. – Glass ceiling - lack of women and minority representation at the top levels of organizations. – has glass ceiling initiative. • Promotes career development for women and minorities. • Looks for such in its audits. Fundamentals of Human Resource