EEO Compliance and Discrimination

Key Legislation:
- Vocational Rehabilitation Act (1973)
- Pregnancy Discrimination Act (1978)
- Americans with Disabilities Act (1990)
- Genetic Information Nondiscrimination Act (2008)
- Civil Rights Act (1866)
- Civil Rights Act (1964), Title VII: Prohibits discrimination based on race, color, religion, sex, or national origin.
- Age Discrimination in Employment Act (ADEA) (1967)
- Vietnam Era Veteran’s Readjustment Act (1974)
- Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994)
- City of Cincinnati Human Rights Ordinance (1992)
- Equal Pay Act (EPA) (1963)
- 13th Amendment (1865)
Key Court Cases:
- Griggs v. Duke Power Co. (1971)
- Bostock v. Clayton County, 2020
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)

Managers make choices related to:
- Hiring
- Placement
- Promotion Decisions
- Allocating Training Opportunities
- Workplace Treatment
- Compensation
These decisions can be occasions for illegal discrimination due to limited resources.

Disparate Impact: Unintentional disparity between the proportion of a protected group applying for a position and the proportion getting the job.
Disparate Treatment: Intentional disparity between the proportion of a protected group and the proportion getting the job.

Feature	Disparate Treatment	Disparate Impact
Nature	Direct discrimination, unequal treatment	Indirect discrimination, unequal consequences or results
Basis	Decision rules with a racial/sexual premise or cause	Decision rule with racial/sexual consequence or results
Intent	Intentional discrimination, prejudiced actions	Unintentional discrimination, neutral actions
Standards	Different standards for groups	Same standards, but different consequences for different groups

Can be very costly to organizations (e.g., Chicago Fire Department bias claims: $92 million over nine years$ ).

File a Complaint: Online, in person, by mail, or by phone (within 180 days, or 300 days if filing with a state or local agency).
Mediation: EEOC may suggest mediation; participation is not mandatory.
EEOC Investigation: If mediation fails, EEOC investigates the claims.
Settlement: EEOC tries to settle the case with the employer if a violation is found; can include compensatory and punitive damages.
EEOC Lawsuit: If no settlement is reached, EEOC may file a lawsuit or issue a Notice of Right to Sue.
File Your Lawsuit: After EEOC investigation, a lawsuit can be filed in court.
Notice of Right to Sue: Grants permission to file a lawsuit in court (must be filed within 90 days of receiving the notice).

A necessary (not merely preferred) qualification for performing a job.
Limited to policies directly related to a worker’s ability to do the job.
Title VII Sec. 703(e): allows discrimination based on religion, sex, or national origin if it's a BFOQ reasonably necessary to the normal operation of that particular business.
No statutory BFOQ defense for race or color discrimination.

Mandatory retirement age for airline pilots (safety)
Hiring male models for male clothing designers
Churches hiring only members of their church
Airline hiring pilots of a certain religious background due to safety concerns over countries they fly over.

Defense against a charge of illegal discrimination.
Employers can avoid illegal discrimination by avoiding disparate treatment and policies that result in disparate impact.

Tests must be related to job success (validity) and not unfairly discriminate against any groups.
Structured interviews are advisable for EEOC purposes.
Avoid gathering information you don’t intend to use.

Established principles:
- Tests must be job-related, and the burden of proof is on the employer.
- Employer’s intent not to discriminate is irrelevant.
- Practices “fair in form but discriminatory in operation” are not upheld.
- Business necessity is the defense for adverse impact.
- Title VII does not forbid testing, but tests must be job-related.
Duke Power's Dan River Steam Station required a high school diploma and employment tests for positions outside the ‘Labor’ department.
Black employees were less likely to meet these requirements.
The Supreme Court found that these requirements were not related to job performance.
The act proscribes not only overt discrimination but also practices that are fair in form but discriminatory in operation.

EEO remains a major concern of HRM.
Historical context:
- Personnel Administration: Factory system, scientific management
- Labor Relations (1930s): Wagner Act, contract administration
- EEO Compliance (1960s): Civil Rights Act (Title VII)
- Strategic HR (1980s): Strategic Management, outsourcing
Progression from reactive to proactive HR practices.

Managers must make legal and appropriate choices.
EEO is the Law! Responsibility of every manager and employee, HR is charged with compliance.
EEO encompasses Federal, State, and Local levels.
Lack of intent does not excuse illegal discrimination.
Good HR practices can protect against illegal discrimination.
EEO is an ever-evolving area.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission is a term of condition of employment.
- Submission or rejection is used for employment decisions.
- Conduct interferes with work performance or creates a hostile environment.

Quid Pro Quo: Sexual activity is required for job-related benefits.
Hostile Work Environment: Behavior is sexual in nature and is perceived as offensive and undesirable.

Generally, the trend line for sexual harassment charges is down, although the percentage filed by men is increasing.

Step 1: Find the Rates
Black applicants: $\frac{40 \text{ hired}}{200 \text{ applicants}} = 20\% = 0.2$
White applicants $\frac{60 \text{ hired}}{100 \text{ applicants}} = 60\% = 0.6$
Step 2: Compare the Rates
$\frac{0.2}{0.6} = 0.33$
$\frac{4}{5} = 0.8$
0.33 < 0.8
The four-fifths requirement is not satisfied, providing evidence of potential discrimination.