Chapter 3

PROVIDING EQUAL
EMPLOYMENT OPPORTUNITY
AND A SAFE WORKPLACE

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 What Do I Need to Know? 1

L O 3-1 Explain how the three branches of government regulate

human resource management.
L O 3-2 Summarize the major federal laws requiring equal
employment opportunity.
L O 3-3 Identify the federal agencies that enforce equal
employment opportunity, and describe the role of
each.
L O 3-4 Describe ways employers can avoid illegal
discrimination and provide reasonable accommodation.

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 What Do I Need to Know? 2

L O 3-5 Define sexual harassment, and tell how employers can

eliminate or minimize it.
L O 3-6 Explain employers’ duties under the Occupational
Safety and Health Act.
L O 3-7 Describe the role of the Occupational Safety and Health
Administration.
L O 3-8 Discuss ways employers promote worker safety and
health.

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 Regulation of Human Resource Management

Legislative Branch Executive Branch Judicial Branch

Has enacted a number Includes regulatory Influences employment
of laws governing HR agencies that are law by interpreting the
activities; these laws responsible for enforcing law and holding trials
have usually be in the laws passed by concerning violations of
response to perceived Congress the law
societal needs

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 Equal Employment Opportunity 1

Equal Employment Opportunity (EEO)

• All individuals have equal chance for employment
• Government regulates HRM to ensure EEO
• Efforts to create EEO include: constitutional amendments,
legislation, executive orders, court decisions

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 Equal Employment Opportunity 2
Constitutional Amendments

Thirteenth Amendment Fourteenth Amendment

• Abolished slavery in U.S.
• Has been applied in cases where
discrimination involved symbols
and incidents of slavery
• Forbids states from taking life,
liberty, or property without due
process of law
• Prevents states from denying
equal protection of discrimination
• Applies to decisions or actions of
government or private groups
whose activities are deemed
government actions

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 Equal Employment Opportunity 3

Legislation
• Civil Rights Acts of 1866 and 1871
• Equal Pay Act of 1963
• Title VII of the Civil Rights Act of 1964
• Enforced by Equal Employment Opportunity Commission (EEOC)

• Age Discrimination in Employment Act (ADEA)

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 Figure 3.1 Age Discrimination Complaints, 2004-2017

©McGraw-Hill Education. Source: Equal Employment Opportunity Commission, “Charge Statistics,” https://www.eeoc.gov, accessed March 29, 2018.
 Equal Employment Opportunity 4

Legislation continued
• Vocational Rehabilitation Act of 1973
• Organizations must engage in affirmative action for individuals
with disabilities
• Vietnam Era Veterans’ Readjustment Act of 1974
• Pregnancy Discrimination Act of 1978
• Americans with Disabilities Act (ADA) of 1990
• Clearly defines the word disability

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 Figure 3.2 Disabilities Associated with
Complaints Filed under ADA

Jump to long description in appendix.

©McGraw-Hill Education. Source: Equal Employment Opportunity Commission, “ADA Charge Data by
 Equal Employment Opportunity 5
Legislation continued
• Civil Rights Act of 1991
• Uniformed Services Employment and Reemployment Rights
Act of 1994
• Genetic Information Nondiscrimination Act of 2008
• Lilly Ledbetter Fair Pay Act of 2009

© The Free Lance-Star, Mike Morones/AP Images

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 Equal Employment Opportunity 6
Executive Orders

Executive Order 11246 Executive Order 11478

• Prohibits federal contractors and
subcontractors from
discriminating based on race,
color, religion, sex, or national
origin
• Employers whose contracts meet
minimum size requirements must
engage in affirmative action
• Requires federal government to
base all its employment decisions
on merit and fitness
• Also covers organizations doing at
least $10,000 worth of business
with federal government

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 The Government’s Role in Providing for Equal
Employment Opportunity 1
Equal Employment Opportunity Commission (EEOC)
• Responsible for enforcing most EEO laws
• Investigates and resolves discrimination complaints
• Monitors organizations’ hiring practices
• Collects and analyzes EEO-1 Reports

• Issues guidelines to determine law violations

• Uniform Guidelines on Employee Selection Procedures an
example

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 Figure 3.3 Types of Charges Filed with the EEOC

Jump to long description in appendix.

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Source: Equal Employment Opportunity Commission, “Charge
 The Government’s Role in Providing for Equal
Employment Opportunity 2
Office of Federal Contract Compliance Programs
(OFCCP)
• Enforces executive orders that cover companies doing
business with the federal government
• Audits government contractors to ensure they are actively
pursuing goals in their affirmative action plans
• Plan must include utilization analysis, goals and timetables,
and action steps

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 Businesses’ Role in Providing for
Equal Employment Opportunity 1
Avoiding Discrimination
Bona Fide Occupational
Disparate Treatment Qualification (BFOQ)
• Differing treatment of individuals • A necessary (not merely
based on the race, color, religion, preferred) qualification for
sex, national origin, age, or performing a job
disability status
• Supreme Court has ruled that
• Companies should evaluate BFOQs are limited to policies
interview questions and decision directly related to worker’s ability
criteria to make sure they are job to do the job
related

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 Businesses’ Role in Providing for
Equal Employment Opportunity 2
Avoiding Discrimination continued

Disparate Impact Four-Fifths Rule

• Condition in which employment
practices are seemingly neutral
yet disproportionately exclude a
protected group from
employment opportunities
• Often is unintended by employer
• Commonly used test of disparate
impact in hiring practices
• If hiring rate for minority group is
less than four-fifths the hiring
rate for the majority group, there
is evidence of potential
discrimination

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 Figure 3.4 Applying the Four-Fifths Rule

Jump to long description in appendix.

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 Businesses’ Role in Providing for
Equal Employment Opportunity 3
Avoiding Discrimination continued
• Employers can establish and enforce an EEO policy
• Defines and prohibits unlawful behaviors
• Provides procedures for making and investigating complaints

• Affirmative Action and Reverse Discrimination

• Some argue that affirmative action is reverse discrimination; less
white males can be hired due to preference for women and
minorities in hiring

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 Which of the following statements is FALSE?
POLLING QUESTION
A. During an interview it is legal to ask only women if
they have child-care needs.
B. Hiring only men to model male underwear is legal.
C. If a company unintentionally hires a
disproportionate number of non-minorities, they
can be held liable for discrimination.
D. Organizations can screen candidates using a test that
reliably predicts on-the-job performance.

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 Businesses’ Role in Providing for
Equal Employment Opportunity 4
Providing Reasonable Accommodation
• Employer required to do something to enable all otherwise
qualified individuals to perform the job
• Religion and disabilities should be considered

• Employer may be exempt from providing accommodation

if it would require significant expense or difficulty
• Accommodation “reasonable” if it does not impose an undue
hardship on employer
• Employers may perceive more hardship than what actually exists

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 Figure 3.5 Examples of Reasonable
Accommodations Under the ADA

Note: Reasonable accommodations do not include hiring an unqualified

person, lowering quality standards, or compromising co-workers’ safety.
Jump to long description in appendix.
©McGraw-Hill Education. Source: Based on Equal Employment Opportunity Commission, “The ADA:
 Businesses’ Role in Providing for
Equal Employment Opportunity 5
Preventing Sexual Harassment
• Unwelcome advances, requests for sexual favors, and
other verbal/physical contact is sexual harassment when:
• Submission to conduct is a condition of employment
• Submission/rejection is a basis for employment decisions
• Conduct interferes with employee’s work performance

• Different kinds of sexual harassment: quid pro quo, hostile

working environment

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 Businesses’ Role in Providing for
Equal Employment Opportunity 6
Preventing Sexual Harassment continued
• Organizations can prevent sexual harassment by:
• Developing and communicating a policy that defines and forbids
sexual harassment
• Training employees to recognize and avoid this behavior
• Providing a means for employees to complain about harassment
and be protected

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 Have you ever experienced sexual harassment
POLLING QUESTION
in the workplace?
A. No
B. Yes
C. Maybe

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 Businesses’ Role in Providing for
Equal Employment Opportunity 7
Valuing Diversity
• Some view diverse workforce as competitive advantage;
having diversity in leadership important
• Organizations may practice affirmative action
• Includes LGBT community

Organizations that value diversity

may try to hire, reward, and
promote employees who
demonstrate respect for others.

©Caiaimage/Sam Edwards/Getty Images

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 Occupational Safety and Health Act 1

Occupational Safety and Health Act

• Passed in 1970 in response to roughly 15,000 work-related
fatalities that had been occurring every year
• Authorizes government to establish and enforce
occupational safety and health standards
• Occupational Safety and Health Administration (OSHA)
• Inspects employers for safety and health standards; levies fines for
violations of standards

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 Occupational Safety and Health Act 2

General and Specific Duties

• General-duty clause
• Employers must furnish each employee a place of employment
free from hazards that cause or are likely to cause death or serious
physical harm
• Employers must keep records of work-related injuries and
illnesses and post an annual summary of them

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 Figure 3.6 OSHA Form 300A: Summary of Work-
Related Injuries and Illnesses

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Source: Occupational Safety and Health Administration, “Injury &
 Occupational Safety and Health Act 3

General and Specific Duties continued

• Employees have the right to:
• Request an inspection
• Have a representative present at an inspection
• Have dangerous substances identified
• Be promptly informed about exposure to hazards and be given
access to accurate records regarding exposure
• Have employer violations posted at the work site

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 Occupational Safety and Health Act 4

OSHA is responsible for

inspecting businesses,
applying safety and health
standards, and levying
fines for violations. OSHA
regulations prohibit
notifying employers of
inspections in advance.

©McGraw-Hill Education. Source: U.S. Department of Labor/OSHA

 Occupational Safety and Health Act 5

Enforcement of the Occupational Safety and Health Act

• OSHA conducts inspections
1. Compliance officer reviews company’s records
2. Officer conducts a “walkaround” tour of the premises
3. Officer conducts employee interviews
4. Officer conducts closing conference with employer and notes
any violations
• Employers must correct violations found in inspection

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 Occupational Safety and Health Act 6
Employee Rights
• File complaints and request
inspections
• Right-to-know laws
• Material safety data sheets
(MSDSs)
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Employee Responsibilities
• Follow OSHA’s safety rules
governing employee
behavior
• Report hazardous
conditions in the workplace
 Occupational Safety and Health Act 7

Impact of the Occupational Safety and Health Act

• Raised the level of awareness of occupational safety
• Combined rate of illnesses and injuries has decreased
• Increase in number of claims of retaliation against
employees who report injuries
• Workers more aware of rights and able to file complaints online

• Employee behavior not directly regulated by OSHA but

must be considered

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 Figure 3.7 Rates of Occupational Injuries and Illnesses

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Source: Bureau of Labor Statistics, “Employer-Reported Workplace
 Employer-Sponsored Safety and Health
Programs 1
Identifying and Communicating Job Hazards
• Job hazard analysis technique
• Technic of operations review (TOR)
• Employers must communicate job hazards and risks to
employees effectively
• Communication must fit audience
• Safety concerns/training needs also vary by age group

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 Employer-Sponsored Safety and Health
Programs 2
Reinforcing Safe Practices
• Implement a safety incentive program
• Reward workers for commitment to safety goals; start with
smaller goals and expand to long-term goals
• Target jobs or hazards most likely to cause injuries

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 Employer-Sponsored Safety and Health
Programs 3
Promoting Safety Internationally
• Employers must ensure safety of workers regardless of
which nation in which they operate
• Cultural differences make this difficult
• Impacts perception of who is responsible for safety in workplace
• Affects idea of what actions are appropriate for employee to take
when a situation appears unsafe
• Training and supervision must apply cultural knowledge

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Appendix of Image Long
Descriptions
 Appendix to Figure 3.2 Disabilities Associated with
Complaints Filed under ADA
Emotional/psychiatric: 26.4 percent
Other: 25.3 percent
Regarded as disabled: 11 percent
Back: 7.1 percent
Nonparalytic orthopedic: 7.3 percent
Record of disability: 6.8 percent
Diabetes: 4.3 percent
Cancer: 3.2 percent
Heart: 3 percent
Hearing: 2.6 percent
Other neurological: 3.0 percent
Return to original slide
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Appendix to Figure 3.3 Types of Charges Filed with the
EEOC
Categories are listed from the greatest amount of charges to the least amount of
charges. All values are approximate.
Retaliation: 40 thousand
Race: 27 thousand
Disability: 26 thousand
Sex: 25 thousand
Age: 20 thousand
National Origin: 10 thousand
Religion: 5 thousand
Color: 4 thousand
Equal Pay Act: 2 thousand
Genetic information: 1 thousand
Return to original slide
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 Appendix to Figure 3.4 Applying the Four-Fifths Rule
Example Scenario: A new hotel has to hire employees to fill 100 positions. Out of 300
total applicants, 200 are black and the remaining 100 are white. The hotel hires 40 of
the black applicants and 60 of the white applicants.
Step 1: Find the Rates
• Black applicants: 40 hired divided by 200 applicants equals 20 percent or 0.2
• White applicants: 60 hired divided by 100 applicants equals 60 percent or 0.6
Step 2: Compare the Rates
• 0.2 divided by 0.6 equals 0.33
• Four fifths is equal to 0.8
• 0.33 is less than 0.8
The four-fifths requirement is not satisfied, providing evidence of potential
discrimination.

Return to original slide

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 Appendix to Figure 3.5 Examples of Reasonable
Accommodations Under the ADA
The handicapped sign on the bathroom is labeled
Making facilities accessible.
The clock is labeled Modifying work schedules.
The telephone is labeled Acquiring or modifying
equipment.
The computer monitor is labeled Modifying exams or
training programs and Providing qualified readers or
interpreters.

Return to original slide

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