This chapter has focused on EEO programs designed to eliminate bias in HRM programs. The role of
EEO and the law as a significant force in shaping HRM policies and programs is now an accepted fact
in society. The law, executive orders, and the court's interpretations will continue to influence every phase of HRM programs and activities. This influence will become clearer as specific HRM activities are discussed in Chapters 4 through 17. This chapter provides only the general theme of the importance of the law in HRM. The remaining chapters will at times spell out specifically how the law affects HRM. To summarize the major points covered in this chapter:
- Equal employment opportunity is one of the most significant activities in the HRM function today.
- The three main influences on the development of EEO were
- Changes in societal values.
- The economic status of women and minorities.
- The emerging role of government regulation.
- Laws prohibiting employment discrimination that were discussed in this chapter include
- Title VII of the 1964 Civil Rights Act.
- Executive Order 11246
- Age Discrimination Act.
- Pregnancy Discrimination Act.
- Americans with Disabilities Act of 1990.
- Civil Rights Act of 1991.
- Two different definitions of discrimination have been arrived at by the courts over the years:
- Disparate treatment.
- Disparate impact.
- The criterion for compliance with EEO and affirmative action can theoretically be reduced to two questions:
- Does an employment practice have unequal or adverse impact on the groups (race, color, sex, religion, or national origin) covered by the law?
- Is that practice job-related or otherwise necessary to the organization?
- The government unit most responsible for enforcing EEO regulations is the U.S. Equal Employment Opportunity Commission (EEOC)—Title VII.
- Courts are constantly interpreting the laws governing EEO. Owing to numerous appeals, an EEO complaint can take years to reach settlement.
- EEO planning can be used as a preventive action to reduce the likelihood of employment discrimination charges and to ensure equal employment opportunities for applicants and employees.
- Affirmative action plans may be either voluntary or involuntary. Characteristics necessary for a lawful voluntary plan include
- Implemented to eliminate discrimination.
- Cannot trammel the rights of the majority.
- Temporary.
- No set-asides permitted.
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