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Business and society ethics sustainability and stakeholder management 9e chapter 19

© 2015 Cengage Learning

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Chapter 19

Employment
Discrimination
and Affirmative
Action
© 2015 Cengage Learning

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Learning Outcomes
1. Chronicle the U.S. civil rights movement and minority
progress for the past 50 years.
2. Outline the essentials of the federal discrimination laws.
3. Define disparate treatment and disparate impact, and

give examples of how each.
4. Elaborate on issues in employment discrimination
relating to race, color, national origin, sex, age, religion,
sexual orientation, and disability.
5. Identify the different types of affirmative action and
compare and contrast them to each other.
© 2015 Cengage Learning

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Chapter Outline
• The Civil Rights Movement
• Federal Laws Prohibiting Discrimination
• Expanded Meanings of Employment Discrimination
• Issues in Employment Discrimination
• Affirmative Action in the Workplace
• Summary
• Key Terms
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Employment Discrimination
& Affirmative Action
Federal Protection •People are protected from discrimination based
on race, color, religion, national origin, sex, age, or
disability.

Several States & the District of Columbia –
•People are protected from discrimination based
on sexual orientation.

These “Protected” groups •are not protected from job loss; young minority
men bore a disproportionate burden of the layoffs
in the most recent recession.
© 2015 Cengage Learning

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The Civil Rights Movement








1955 - Rosa Parks, a black woman, refused to
give up her bus seat to a white man, and was
arrested.
Protests and boycotts over unequal treatment
grew and continued, and were met with
violence against the protestors.
1964 - The Civil Rights Act became law.
The 1970s - The Women’s Movement
The 1980s -Gains for women and blacks
The 1990s - Some progress, but problems
remained
The 21st century - New challenges and old
problems
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Federal Laws Prohibiting Discrimination

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Title VII of the Civil Rights Act of 1964
Prohibits discrimination in all aspects of
employment based on:
• Race
• Color
• Religion
• Sex
• National origin
• Pregnancy
• Retaliation
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Age Discrimination in Employment Act
• The ADEA protects workers 40 years old
and older from discrimination in:







Hiring
Discharge
Pay
Promotions
Fringe benefits
Other aspects of employment

• Does not apply where age is a bona fide
occupational qualification (BFOQ)


When a younger age is necessary and related to
the position.
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Equal Pay Act of 1963
• Prohibits sex discrimination in payment of
wages to women and men who perform
substantially equal work in the same
establishment.
• Ledbetter v. Goodyear Tire & Rubber Co.,
2007, heard by the Supreme Court.




Lily Ledbetter was paid less than males for equal
work, but did not discover it for several years;
the Supreme Court ruled she should have filed
suit within 180 days, the first payment date.
In 2009, The Lily Ledbetter Fair Pay Act changed
the law, so that suit may be brought each time
there is discrimination.
© 2015 Cengage Learning

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Rehabilitation Act of 1973, § 503
• Prohibits job discrimination on the basis of a
disability.
• Applies to employers who contract with the
federal government.
• Also requires these employers to engage in
affirmative action to employ the disabled.
• A related act, the Vietnam Era Veterans
Readjustment Assistance Act of 1974, also
prohibits discrimination on the basis of disability,
and requires affirmative action.
• The Rehabilitation Act of 1973 was the model for
the Americans With Disabilities Act of 1990.
© 2015 Cengage Learning

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Americans with Disabilities Act (ADA)


Prohibits discrimination based on physical or
mental disabilities in private places of employment
and in public accommodations; requires employers
to make reasonable accommodations for such
employees.

An individual is disabled under the Act if the
person•



Has a physical or mental impairment that limits one
or more major life activities.
Has a record of such an impairment.
Or, is regarded as having such an impairment.

Reasonable accommodations may include-

• Making facilities accessible
• Job restructuring, work schedule modification,
• Acquiring or modifying equipment or devices;

providing training
materials, readers, or interpreters
© 2015 Cengage Learning
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The Civil Rights Act of 1991
• Provided increased financial damages and
jury trials in cases of intentional
discrimination based on race, religion,
sex, disability and national origin.
• Under the original Act, monetary awards
were limited to back pay, lost benefits
and attorneys fees and costs.
• The 1991 Act permitted both
compensatory and punitive damages.
• In addition, the Act shifted the burden of
proof back to the employer.
© 2015 Cengage Learning

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The Equal Employment
Opportunity Commission • Is the major federal body created to
administer and enforce U.S. job bias laws.
• Investigates employment discrimination
complaints.
• Makes equal employment opportunity
policy
• Enforces anti-discrimination laws through
conciliation or federal lawsuits against
employers
© 2015 Cengage Learning

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Expanded Meanings
of Employment Discrimination
Disparate (unequal) treatment •Intentionally using race, color, religion, sex, or national
origin as a basis for treating people differently.

Disparate (adverse) impact •An employer’s practice results in fewer minorities being
included in the outcome of testing, hiring, or promotion
practices than would be expected by numerical proportion.

Four-fifths rule •If a member of a minority group does not have a success
rate at least 80 percent that of the majority group, the
practice may be considered to have an adverse impact.
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Two Kinds of Employment Discrimination

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Issues in
Employment Discrimination (1 of 3)
• Inequality persists despite diversity efforts.
• May not be caused by discrimination
• Discrimination is different depending on
race and ethnicity.
• Our increasingly diverse society makes some
people hard to categorize.


For example, there are many groups that make
up Hispanics, though they have different
ancestry.

• Color bias is not the same as racial bias,
though they overlap.
© 2015 Cengage Learning

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Issues in
Employment Discrimination (2 of 3)
• Gender issues are different from those
involving race, color and national origin.
Major issues for women include:





Getting out of traditional “women’s” jobs,
and into professional and managerial
positions
Achieving pay commensurate with that of
men
Eliminating sexual harassment
Being able to take maternity leave without
losing their jobs.
© 2015 Cengage Learning

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Issues in
Employment Discrimination (3 of 3)
• Other Forms of Employment Discrimination:


Religious discrimination •



Retaliation •



A more diverse population brings to the
workplace people with unfamiliar religions
One who complains of discrimination against
another and is retaliated against, may bring a
complaint.

Sexual Orientation and Gender Identity
Discrimination •

Corporations have been faster than governments
in instituting protections for lesbian, bay, bisexual
and transgender (LGBT) employees.
© 2015 Cengage Learning

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Other Forms of
Employment Discrimination

© 2015 Cengage Learning

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Affirmative Action
in the Workplace


Affirmative action is taking positive steps to
hire and promote people from groups that
have been affected by a legacy of
discrimination.



Presidential Executive Order 11246 required
federal contractors to employ affirmative
action.



Controversy has led to claims of “reverse
discrimination” by whites as victims of
discrimination when minorities were hired.
© 2015 Cengage Learning

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The Future of Affirmative Action


Buying power of minority groups is
increasing rapidly.



Growing business interest in diversity
programs and affirmative action.




Bottom-line considerations

Diversity practices remain potentially
controversial.

© 2015 Cengage Learning

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Key Terms
• Age Discrimination in
Employment Act (ADEA)
• Affirmative action
• Americans with
Disabilities Act (ADA)
• Bona fide occupational
qualification (BFOQ)
• Civil Rights Act of 1991
• Color bias
• Comparable worth
• Compensatory justice
• Disparate impact
• Disparate treatment
• Equal Employment
Opportunity Commission
(EEOC)
• Equal Pay Act of 1963
• Essential functions

• Fetal protection policies
• Four-fifths rule
• Hostile work
environment
• Major life activities
• Preferential treatment
• Pregnancy Discrimination
Act of 1978
• Protected groups
• Quid pro quo
• Reasonable
accommodation
• Reverse discrimination
• Sexual harassment
• Strict scrutiny
• Title VII of the Civil Rights
Act of 1964
• Undue hardship

© 2015 Cengage Learning

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Key Terms
• Age Discrimination in
Employment Act (ADEA)
• Affirmative action
• Americans with
Disabilities Act (ADA)
• Bona fide occupational
qualification (BFOQ)
• Civil Rights Act of 1991
• Color bias
• Comparable worth
• Compensatory justice
• Disparate impact
• Disparate treatment
• Equal Employment
Opportunity Commission
(EEOC)
• Equal Pay Act of 1963
• Essential functions

• Fetal protection policies
• Four-fifths rule
• Hostile work
environment
• Major life activities
• Preferential treatment
• Pregnancy Discrimination
Act of 1978
• Protected groups
• Quid pro quo
• Reasonable
accommodation
• Reverse discrimination
• Sexual harassment
• Strict scrutiny
• Title VII of the Civil Rights
Act of 1964
• Undue hardship

© 2015 Cengage Learning

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