Chapter 3

Legislation

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Chapter Objectives
 Explain the historical background of and rationale
behind specific diversity-related legislation in relation
to race, sex, religion, age, disability, and work and
family status
 Describe components and limitations of diversity
legislation and discuss why complying with laws is an
important aspect of a diversity program
 Explain reasons and ways organizations may pursue
diversity and inclusion even in the absence of
legislation
 Discuss research on the relationship among race and
sex of judges and decision making in discrimination
and harassment claims
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Introduction and overview

Historical Background

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Rationale Behind Specific Diversity-
Related Legislation
Legislation relevant to diversity in organizations
resulted from overt social and employment
discrimination against:
 Women and Racial and ethnic minorities

 Non-dominant religious group members

 Older workers

 People with disabilities

Discrimination prevented people from obtaining

employment or subjected them to unfair
treatment at work
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 Major Federal Acts Related to Diversity in Organizations

Major Federal Acts Related

to Diversity in
Organizations

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The Equal Pay Act of 1963
Addresses pay inequities between men and
women, and requires equal pay for equal work
Exceptions based on seniority, merit, or
performance are permitted
Discrimination can be based on:
Conscious or unconscious sex bias and stereotyping

Gender role socialization

Sex-segregation occurs when at least 70% of

incumbents in a particular job are male or female
Limits effectiveness of Equal Pay Act

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Title VII of the Civil Rights Act of
1964
Prohibits employment discrimination on
the basis of race, color, religion, sex, and
national origin
Disparate treatment: Employee is treated
differently because of membership in a
protected class
Disparate/adverse impact: Occurs when
an apparently neutral employment practice
has a negative effect on the employment of
people belonging to protected classes
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Title VII – disparate impact
Apparently neutral discriminatory policy
affecting those who possess criminal
convictions
Caused the “ban the box” movement

Programs to assist employers include:

EEOC enforcement guidelines
Federal bonding program - Measure taken
by the U.S. Department of Labor to
guarantee the job-honesty of at-risk job
seekers
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Coverage Under Title VII
All private employers, state and local governments, and education
institutions that employ fifteen or more individuals for twenty or
more weeks per year

Private and public employment agencies

Labor organizations (unions)

Joint labor-management committees controlling apprenticeship

and training

Companies incorporated or based in U.S. or controlled by U.S.

companies that employ U.S. citizens outside the United States or its
territories

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The Equal Employment Opportunity
Commission (EEOC)
Promotes equality of opportunity in the workplace
and enforces federal laws that prohibit
discriminatory practices
Investigates complaints of discrimination

Conciliates when complaints are deemed meritorious

Litigates when efforts to resolve complaints through

conciliation are unsuccessful
Issues guidelines to assist employers in interpreting
and complying with laws
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Exceptions to Title VII
Bona fide occupational qualifications
(BFOQs)
• Refer to certain situations in which employers
may require that all employees hold a certain
characteristic

Business necessity
• Validity can be demonstrated by displaying that
there is no alternative practice that would serve
the same purpose without having the
discriminatory effect
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Executive Orders (EO) 11246 and
11375
Issued by President Lyndon B. Johnson for
the purpose of affirmative action in
employment

Prohibit federal contractors with over

$10,000 in government business per year
from discriminating in employment
decisions on the basis of race, color,
religion, sex, or national origin

Require proactive measures to help ensure

equality of employment opportunities for
women and minorities

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Affirmative Action in Employment
• Written programs or plans that help
employers identify areas in which women,
Affirmative minorities, persons with disabilities, and
action Vietnam-era veterans are underutilized in
programs the employers’ workforce
(AAP)

• Comparing the number of

underrepresented groups in the
surrounding or relevant labor market with
Utilization the numbers of those groups within the
analysis organization

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Other Beneficiaries of AAP
The Rehabilitation Act of 1973 (RA)

• Prohibits discrimination against employees and

applicants with disabilities when they work for or apply to
the federal government or government contractors

The Vietnam Era Veterans’

Readjustment Assistance Act (1974)

• Requires that federal contractors take affirmative action

for disabled veterans, Vietnam War veterans, and other
veterans

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The Age Discrimination in
Employment Act (ADEA) of 1967
Prohibits employment-related
discrimination against persons who are
aged 40 and older
Prohibits:
Age-based harassment

Retaliation for filing a claim of

discrimination
Employment decisions based on
stereotypes about an individual's ability
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Pregnancy Discrimination Act
(PDA) of 1978
Prohibits discrimination in hiring, leave,
health insurance, and fringe benefits
Does not require employers to provide
benefits for pregnancy and related
conditions
Requires pregnancy be treated as other
temporary medical conditions are treated

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Sexual Harassment
Unwelcome sexual advances, requests for
sexual favors, and other verbal or physical
conduct of a sexual nature that:
Explicitly or implicitly interfere with a
person’s employment
Unreasonably interfere with an individual’s
work performance
Create an intimidating, hostile, or offensive
work environment
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Forms of Sexual Harassment
Quid pro quo harassment
• Occurs when persons with authority make sexual
demands, and submission to or rejection of those
demands is used as a basis for employment decisions
Hostile environment
harassment
• Unwelcome sexual conduct that has the purpose or
effect of unreasonably interfering with job
performance, or creating an intimidating, hostile, or
offensive working environment
Customers as harassers
• Occupational hazard involving customers who create a
hostile environment for which employers may be held
liable
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Prevention of Sexual
Harassment
Having and widely disseminating the organization’s policy on harassment

Educating about sexual harassment and their rights to a harassment-free

environment

Creating multiple ways to complain

Investigating complaints of harassment

Taking immediate action to end the harassment

Initiating disciplinary actions against the harasser

Restoring employment benefits or opportunities a complainant may have

lost as a result of failure to comply with sexual demands

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Older Workers Benefit Protection
Act of 1990 (OWBPA)
• Prohibits employers from denying benefits
to older workers, but recognizes that it is
more expensive to provide some benefits
to older workers
• Permits employers to reduce benefits
based on age, as long as the costs of
providing benefits to older workers are the
same as the costs of providing benefits to
younger workers

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Americans with Disabilities
Act of 1990
Employers with fifteen or more employees,
employment agencies, labor unions, and
state and local governments are prohibited
from discriminating against persons with
disabilities
Applicants must:
Have a record of physical or mental
impairment that substantially limits major life
activities
Be qualified to perform the essential functions
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The Civil Rights Act (CRA) of 1991
Provided punitive and compensatory damages in cases of
intentional employment discrimination

Clarified provisions regarding disparate impact

Allowed jury trials and awarding of attorney’s fees to the

prevailing party

Clarified the concept of “business necessity” and “job-

related”

Extended protection to U.S. citizens working abroad for U.S.

companies

Established the Glass Ceiling Commission

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The Family and Medical Leave Act
(FMLA) of 1993
Requires employers having at least fifty
employees for twenty weeks to grant
eligible employees unpaid leave for twelve
weeks per year to care for personal or
family medical needs
Birth and care of a newborn child
Adoption or foster child placement
Care for a seriously ill spouse, child, or
parent
Personal serious health condition
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Federal Acts Related to
Diversity
• Prohibits using genetic information in
employment decision making
Genetic
• Restricts acquisition of such information
Information • Strictly limits disclosure of such information
Nondiscriminati
on Act of 2008

• Emphasizes that the definition of disabilities

should be construed broadly and should not
Americans with
generally require extensive analysis
Disabilities Act • Expands the meaning of “major life activities”
Amendments
Act of 2008

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Lilly Ledbetter Fair Pay Act of 2009
First legislation signed under the first
term of the Obama administration

With every discriminatory paycheck, a

new clock (180 or 300 days) starts for
filing a complaint

Applies to compensation discrimination

under Title VII, the ADEA, and the ADA

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Diversity in the judiciary and its effects on judicial decisions

Diversity in the Judiciary

and its Effects on Judicial
Decisions

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Diversity and the Judiciary
90% of all federal and state judges are
White
In racial harassment cases:
White and Black judges ruled against
plaintiffs in 79% and 54% of cases,
respectively
White judges may be less able to identify
with and find plaintiffs’ complaints plausible
In sex discrimination cases, female judges
are more likely than male judges to rule for3-27
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Key Terms
Adverse impact Hostile environment
Constructive harassment
discharge Punitive damages
Disparate impact Quid pro quo
Disparate treatment harassment
Gender role Racial or ethnic
socialization harassment
Glass ceiling Sexual harassment

Harassment
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Questions to Consider
1. What is the relationship between
compliance with legislative acts and
valuing diversity? Explain.
2. What approach should organizations take
in their pursuit of diversity and inclusion
in countries that do not have equal
opportunity laws?

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Questions to Consider (cont’d)

3. Do you personally know anyone who has

engaged in an employment
discrimination lawsuit against an
employer and prevailed? Without
divulging who the parties are, explain
what happened.
4. Many of the EEOC cases presented in this
chapter involve acts that are egregious
and offensive.

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Questions to Consider (cont’d 1)

a. Choose three cases and for each

speculate on the organizational factors
that would allow such practices to occur
and, in some cases, to persist for
extended periods.
b. Why do you think no one in the
management chain intervened?
c. What would you recommend, specifically,
to deal with the perpetrators and prevent
future occurrences?
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Questions to Consider (cont’d 2)

5. This chapter discusses multiple lawsuits

brought by the EEOC against Supercuts.
What factors may be contributing to the
persistence of problems within the
organization? Make specific
recommendations for preventing such
problems in the future.

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