Equal Employment Opportunity

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Equal Employment Opportunity

Equal employment opportunity (EEO)

The term Equal employment opportunity


(EEO) is used to represent a collection of
legal and social policies that state that
members of the society should have
equal access to and treatment in
employment.
Areas of EEO
Recruitment and selection
Payment
Promotion
Performance evaluation
Work environment
Career Development
Dismissals
Benefits of becoming an EEO employer
• Attract the best talent in a competitive labor
market.
• Enjoy higher employee satisfaction and
commitment.
• Retain skilled staff .
• Utilize the most of the diversity and skills within the
workforce.
• Be more effective, productive and competitive
• Better health and safety.
• Avoid penalty.
Sources of Discrimination Allegations
 Disparate treatment
 Intentional discrimination where an employer treats an
individual differently because that individual is a
member of a particular race, religion, gender, or ethnic
group.
 Disparate impact
 An apparently neutral employment practice that
creates an adverse impact—a significant disparity—
between the proportion of minorities in the available
labor pool and the proportion hired.
Disparate or Adverse Treatment
• Examples:
• Directly reject Minority
applicants
• Sexual harassment
• Inconsistent management
practices (discipline for
majority versus minority
employees)
Disparate or Adverse Impact

 Example:
• Nonessential education
requirements for certain
jobs that impact
minority groups.

• Nonessential height and


weight requirements.
Types of Discrimination
Showing Disparate Treatment
• McDonnell-Douglas test
– A test for disparate (intentional) treatment
situations in which the applicant was
qualified but the employer rejected the
person and continued seeking applicants
Conditions for applying
McDonnell-Douglas
– The person belongs to a protected class.
– The person applied and was qualified for the job.
– The person was rejected despite qualification.
– After rejection, the position remained open and
the employer continued seeking applications
from persons with the complainant’s
qualifications
Showing Adverse Impact
• Disparate Rejection Rates
– Can be shown by comparing the rejection rates for
a minority group and another group.
• Four-fifths rule of thumb
– If the protected group’s hiring rate is less
than eighty percent (80%) of the majority
group, then a case for discrimination is
indicated.
• Restricted policy
– An employer’s hiring practices exclude a
protected group—whether intentionally or not.
Showing Adverse Impact
• Population comparisons
– A comparison of the percentage of a minority/
protected group and majority group in the
organization with the percentage of
corresponding groups in the relevant labor market
Bona Fide Occupational Qualification-
Defense to Disparate Treatment
• Bona fide occupational qualification
(BFOQ)
– Requirement that an employee be of a certain
religion, sex, age group or national origin where
that is reasonably necessary to the organization’s
normal operation.
“Business necessity” -Defenses to
Disparate Impact

– A defense created by the courts that


requires employers show that there is an
overriding business purpose (i.e.,
“irresistible demand”) for a discriminatory
practice.
Illustrative Discriminatory
Employment Practices
Recruitment
– Word of Mouth
– Misleading information
– Help wanted Ads
Selection Standards
 Educational Requirements and Tests
 Height and weight requirements
 Arrest records
 Application form
Discriminatory Promotion, Transfer and Layoff Practices
Personal Appearance
Potential Threats to Diversity
• Stereotyping
• Discrimination
• Tokenism
• Ethnocentrism
Managing Diversity
• Taking control
– Analyze the employee profile
– Impact of HR policy
– Develop formal, written policies concerning EEO
– Communication
• Making procedures objective and job related
• Provide strong leadership
• Provide diversity training and education
• Change culture and management systems
• Developing grievance procedure
• Acting affirmatively
• Evaluate the diversity management program

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