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Employment Discrimination and

Affirmative Action

Chapter Eighteen Objectives

• Chronicle the civil rights movement

• Outline the federal discrimination laws

• Provide two different meanings of

discrimination

• Elaborate on employment discrimination

relating to race, color, national origin, sex, age,

religion, and disability.

• Identify the different postures with respect to

affirmative action, the concept of reverse

discrimination, and an overview of the Supreme

Court’s decisions

Introduction to Chapter Eighteen

The chapter addresses:

• Civil rights movement

• Civil rights issues as those rights relate to

employment

• Federal discrimination laws

• Affirmative action

Civil Rights Movement

The Civil Rights Movement of 1950s and 1960s, the Women’s Movement of the 1970s, and groups seeking to remove other forms of discrimi- nation have resulted in protected groups—stakeholders whose rights are protected by anti- discrimination laws.

Minorities and women,

older people, people

with disabilities, gays

and lesbians and others

have received or still

seek certain workplace

rights that should be

protected.

Federal Anti-Discrimination Laws

Equal Opportunity Commission

• Five Commissioners

• President appoints and Senate confirms

• Purpose

• Sets equal employment opportunity policy
• Investigates employment discrimination complaints
• Enforces anti-discrimination laws

Expanded Meanings of Discrimination

• Disparate Treatment
• Disparate Impact
  • Griggs v. Duke Power Company

New Issues Impacting Employment

Discrimination

Two New Groups: Asians and Hispanics Hispanic population growth in the workforce is steadily rising—and their needs are different from African Americans. Asian American presence is also rising in the workforce, as is the problem of their being perceived as a ―model minority.‖

Two Nations of Black America In the aftermath of the Civil Rights Era, two African-America communities now exist side by side, an affluent, professional, and well-educated middle class, and a large underclass with a disproportionate number in prison.

New Issues Impacting Employment

Discrimination

• Hispanics
• Asians

New Issues Impacting Employment

Discrimination

Sexual Harassment

Sexual harassment has now broadened to include not only individuals of the opposite sex, but of the same sex, too. Allegations of sexual harassment against public figures in the political, military, and corporate spheres, continue to create new ethical and legal problems.

New Issues Impacting Employment

Discrimination

• Maternity leave
  • Pregnancy Discrimination Act
• Fetal protection policies
  • UAW v. Johnson Controls, Inc.
• Issues of age and religion
  • Age Discrimination Act

Affirmative Action Postures

1. Passive nondiscrimination. A willingness in hiring, promotion, and pay decisions to treat the races and the sexes alike. 2. Pure affirmative action. A concerted effort to enlarge the pool of applicants so that no one is excluded because of past or present discrimination. 3. Affirmative action with preferential hiring. A company systematically favors minorities and women in the actual decisions of enlarging its labor pool. 4. Hard quotas. A company specifies numbers or proportions of minority group members that must be hired.

Weak STRONG

Selected Key Terms

• Affirmative action
• Age discrimination
• Americans with Disabilities

Act (ADA)

• Bona fide occupational

qualification

• Civil Rights Act of 1964
• Civil Rights Act of 1991
• Disparate treatment
• Disparate impact
  • Equal Opportunity

Commission (EEOC)

• Equal Pay Act
• Fetal protection
• Preferential treatment
• Protected groups
• Reverse discrimination
• Sexual harassment
• Title VII