Human Resource

Management:
An Asian
Perspective
(Second Edition)

Chapter 2
Equal Opportunity
and the Law

Gary Dessler and Chwee Huat Tan

2009 Pearson Education South Asia Pte Ltd.
All rights reserved.
 After studying this chapter,
you should be able to:
1. Avoid employment discrimination problems.
2. Discuss the features of some employment discrimination
laws.
3. Discuss some discriminatory HR practices in
recruitment, selection, promotion, transfer, layoffs, and
benefits.
4. Define and discuss diversity management.
5. Discuss discrimination laws and practices in some Asia
Pacific countries.

2009 Pearson Education South Asia. All rights reserved. 22

 Equal Employment
Opportunity
in the US (19641991)
Title VII of the Civil Rights Act (1964)
An employer cannot discriminate on the basis of race,
color, religion, sex, or national origin with respect to
employment.

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 Title VII of the
1964 Civil Rights Act
The Equal Employment Opportunity Commission (EEOC)
Consists of five members appointed by the president with
the advice and consent of the Senate.
Each member serves a five-year term.
EEOC may file discrimination charges and go to court on
behalf of aggrieved individuals.

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 Employment Discrimination
Laws (US)
Equal Pay Act
Equal pay for equal work, regardless of sex

Age Discrimination in Employment Act

Prohibits age discrimination and specifically protecting
individuals over 40 years old

Vocational Rehabilitation Act

Requires federal contractors to take affirmative action for
disable persons

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 Employment Discrimination
Laws (US)

Fifth Amendment to the US Constitution

No person shall be deprived of life, liberty, property,
without the due process of the law.

Pregnancy Discrimination Act

Prohibits sex discrimination based on pregnancy,
childbirth, or related medical conditions.

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 Americans with Disabilities Act
(ADA)
ADA of 1990
Requires employers to make reasonable
accommodations for disabled employees
Prohibits discrimination against disabled persons.

Disability
A physical or mental impairment that substantially
limits one or more major life activities.

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 Sexual Harassment

Sexual harassment
Harassment on the basis of sex that has the purpose or
effect of substantially interfering with a persons work
performance or creating an intimidating, hostile, or
offensive work environment.

Federal Violence Against Women Act

A person who commits a violent crime motivated by
gender is liable to the injured party.
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 Sexual Harassment Defined

Unwelcome sexual advances

Requests for sexual favors

Verbal or physical conduct of a sexual nature

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 Proving Sexual Harassment
Quid pro quo
Rejecting a supervisors advances adversely affects the
employees tangible benefits, such as raises or
promotions.
Hostile environment created by supervisors
Behaviors that substantially affect an employees
emotional and psychological ability to the point that they
affect the employees ability to continue with the
employees job.
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 Proving Sexual Harassment

Hostile environment created by

co-workers or non-employees

Advances by the employees co-workers (or even the

employers customers) can cause harassment.

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 What Employers Should Do to
Minimize Liability in Sexual
Take allHarassment
complaints about Claims
harassment seriously.
Issue a strong policy statement condemning such behavior.
Inform all employees about the policy and of their rights.
Develop and implement a complaint procedure.
Establish a management response system that includes an
immediate reaction and investigation by senior management.

Sources: Commerce Clearing House, Sexual Harassment Manual for Managers and Supervisors (Chicago:
Commerce Clearing House, 1991), p. 8; Louise Fitzgerald et al., Antecedents and Consequences of Sexual
Harassment in Organizations: A Test of an Integrated Model, Journal of Applied Psychology 82, no. 4 (1997), pp.
577589;New EEOC Guidance Explains Standards of Liability for Harassment by Supervisors, BNA Fair
Employment Practices (June 24, 1999), p. 75;Adequate Response Bars Liability, BNA Fair Employment Practices
(June 26, 1997), p. 74; Shereen Bingham and Lisa Scherer, The Unexpected Effects of a Sexual Harassment Figure 21
Educational Program, Journal of Applied Behavioral Science 37, no. 2 (June 2001), pp. 125153.
2009 Pearson Education South Asia. All rights reserved. 212
 What Employers Should Do to
Minimize Liability in Sexual
Harassment
Begin management trainingClaims
sessions with supervisors and
managers to increase their awareness of the issues.
Discipline managers and employees involved in harassment.
Keep records of complaints, investigations, and actions taken.
Conduct exit interviews that uncover any complaints and that
acknowledge by signature the reasons for leaving.

Sources: Commerce Clearing House, Sexual Harassment Manual for Managers and Supervisors (Chicago:
Commerce Clearing House, 1991), p. 8; Louise Fitzgerald et al., Antecedents and Consequences of Sexual
Harassment in Organizations: A Test of an Integrated Model, Journal of Applied Psychology 82, no. 4 (1997), pp.
577589;New EEOC Guidance Explains Standards of Liability for Harassment by Supervisors, BNA Fair
Employment Practices (June 24, 1999), p. 75;Adequate Response Bars Liability, BNA Fair Employment Practices
(June 26, 1997), p. 74; Shereen Bingham and Lisa Scherer, The Unexpected Effects of a Sexual Harassment Figure 21
Educational Program, Journal of Applied Behavioral Science 37, no. 2 (June 2001), pp. 125153.
2009 Pearson Education South Asia. All rights reserved. 213
 What Employers Should Do to
Minimize Liability in Sexual
Harassment
Re-publish Claims
the sexual harassment policy periodically.
Encourage upward communication through periodic written
attitude surveys, hotlines, suggestion boxes, and other
feedback procedures.

Sources: Commerce Clearing House, Sexual Harassment Manual for Managers and Supervisors (Chicago:
Commerce Clearing House, 1991), p. 8; Louise Fitzgerald et al., Antecedents and Consequences of Sexual
Harassment in Organizations: A Test of an Integrated Model, Journal of Applied Psychology 82, no. 4 (1997), pp.
577589;New EEOC Guidance Explains Standards of Liability for Harassment by Supervisors, BNA Fair
Employment Practices (June 24, 1999), p. 75;Adequate Response Bars Liability, BNA Fair Employment Practices
(June 26, 1997), p. 74; Shereen Bingham and Lisa Scherer, The Unexpected Effects of a Sexual Harassment Figure 21
Educational Program, Journal of Applied Behavioral Science 37, no. 2 (June 2001), pp. 125153.
2009 Pearson Education South Asia. All rights reserved. 214
 Equal Employment
Opportunity,
Civil1991Present
Rights Act (CRA) (US)
It places burden of proof back on employers once
the plaintiff has made a prima facie case and
permits compensatory and punitive damages.

2009Pearson Education
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Education SouthAll rights
Asia Pte reserved.
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 Bona Fide Occupational
Qualification
Bona fide occupational qualification
(BFOQ)
Requirement that an employee be of a certain religion,
sex, or national origin where that is reasonably
necessary to the organizations normal operation.
Specified by the 1964 Civil Rights Act.
Age
Religion
Gender
National Origin

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 Business Necessity
Business necessity
Employers must show that there is an overriding business
purpose (i.e., irresistible demand) for a discriminatory
practice.

Validity
The degree to which the test or other employment
practice is related to or predicts performance on the job.

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 Other Considerations in
Discriminatory Practice
Good Defenses
intentions are no excuse.
Employers cannot hide behind collective bargaining
agreementsequal opportunity laws override union contract
agreements.
If a personnel practice is discriminatory, firms should react by
agreeing to eliminate the illegal practice and (when required)
by compensating the people discriminated against.

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 Discriminatory Employment
Practices
Recruitment Selection
Word of Mouth Educational
Misleading Requirements
Information Preference to Relatives
Help Wanted Ads Height, Weight, and
Personal Appearance Physical Characteristics

Dress Arrest Records

Hair Application Forms

Uniforms Discharge Due to

Garnishment
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 2009 Pearson Education South Asia. All rights reserved. 220
 Diversity Management
Managing diversity
Provide strong leadership.
Assess the situation.
Provide diversity training and education.
Change culture and management systems.
Evaluate the diversity management program.
Boosting workforce diversity
Adopt strong company policies advocating the benefits of
a culturally, racially, and sexually diverse workforce.
Take concrete steps to foster diversity at work.

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 Equal Employment
Opportunity Versus
Equal employment opportunity
Affirmative
Aims Action
to ensure that anyone, regardless of race, color,
disability, sex, religion, national origin, or age, has an
equal chance for a job based on his or her qualifications.
Affirmative action
Requires the employer to make an extra effort to hire and
promote those in a protected group that results in
measurable, yearly improvements in hiring, training, and
promotion of minorities and females in all parts of the
organization.

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 Managing Diversity vs.
Affirmative Actions
Managing Diversity Practising Diversity to Meet
EEO/Affirmative Action
Requirements
Is voluntary Is often mandatory
Focuses on productivity Focuses on legal, social, and
moral justifications
Includes all elements of Includes only race, gender, and
diversity ethnicity
Emphasizes changing systems Emphasizes changing mix of
and operations people
Offers a perception of equity Offers a perception of
preference
Is long-term and ongoing Is short-term and limited
Is grounded in individuality Is grounded in assimilation
Source: National Institutes of Health.
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 Key Terms
Title VII of the 1964 Civil Rights Act affirmation action
Equal Employment Opportunity Civil Rights Act of 1991 (CRA
Commission (EEOC) 1991)
Equal Pay Act of 1963 Americans with Disabilities Act
Age Discrimination in Employment (ADA)
Act of 1967 (ADEA) bona fide occupational
Vocational Rehabilitation Act of qualification (BFOQ)
1973 alternative dispute resolution
Vietnam Era Veterans or ADR program
Readjustment Act of 1974 good faith effort strategy
Pregnancy Discrimination Act reverse discrimination
(PDA) Sexual harassment
Federal Violence Against Women
Act of 1994
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 Major Discrimination Laws
Australia
Racial Discrimination Act
Sex Discrimination Act
Disability Discrimination Act
Affirmative Action Act
Racial Hatred Act
Workplace Relations Act

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 Major Discrimination Laws
Hong Kong
Sex Discrimination Ordinance
Discrimination on grounds of gender, marital status,
and pregnancy, covering both work and non-work
situations
Disability Discrimination Ordinance
To eliminate social and industrial discrimination
against the differently abled

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 Major Discrimination Laws
Hong Kong
Family Status Discrimination Ordinance
Unlawful to discriminate anyone, at work and outside
work, on the ground of family status that implies, in
law, an individual having responsibility for the care of
an immediate family member

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 Major Discrimination Laws
Hong Kong
Equal Opportunity Commission
Empowered to investigate non-compliance with the law
Provides employees with a code of practice on job
advertisement, job title, compensation, promotion,
transfer and training

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 Major Discrimination Laws
Indonesia
No discrimination laws for female employees

Paid time off for special rights i.e. 2 days off during
menstruation and 3 months off for pregnancy
Pregnant employees cannot be dismissed

Pregnant employees have the right to return to job after

maternity leave

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 Major Discrimination Laws
Japan
Labor Standards Law prohibits discrimination in:
- wages, work hours and other
conditions because of:
- nationality, creed or social status
Equal Employment Opportunity Law provides:
Equality in opportunity concerning recruitment,
promotion, payment and training for both gender

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 Major Discrimination Laws
Singapore
Code of Responsible Employment Practices
jointly issued by SNEF, SBF and NTUC:
helps employers to promote responsible
practices regardless of:
race, religion, age, gender, marital status, disability
Encourages self-regulation in
Recruitment, selection, appraisal, job upgrading, posting
and training, and conditions of employment

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 Major Discrimination Laws
South Korea
Labor Standard Law
Prohibits employers from discrimination
against workers by:
Gender, nationality, religion or social status

Aged Employment Promotion Act

Employers (with > 300 workers) must have
a minimum of 3% from above-55 age group

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 Major Discrimination Laws
South Korea
Employment Equality Act
Prohibits discrimination of women in areas
of recruitment, employment, wages, non-
wage payment, training, assignment and
promotion

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 Major Discrimination Laws
Malaysia
Code of Practice for the Prevention and
Handling of Sexual Harassment at the
Workplace
Provides mechanism for redress
Ministry of Human Resources
Has a special division to deal with such
cases
Encourages trade unions to include sexual
harassment clauses in their collective
agreements
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 Major Discrimination Laws
Thailand
Under the Labor Protection Law,
Women may sue employers or
colleagues for passing sexist remarks
at the workplace.
Sexual harassment is more broadly
defined and includes any verbal,
mental, or physical abuse.

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