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Discrimination and Affirmative Action

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Discrimination and Affirmative Action
CHAPTER 3

EQUAL EMPLOYMENT OPPORTUNITY
LEGAL ASPECTS OF HUMAN RESOURCE MANAGEMENT

CHAPTER Overview
This chapter describes the influences of the legal environment on HRM. Particular attention is paid to EEO programs that are designed to eliminate bias in HRM programs, especially as they apply to women and minorities. In my opinion using the analogy of the human body, the law is the “head” vital to the rest of the body. Likewise adherence to the law, and legal knowledge is vital to HR. This knowledge in combination with the advisory role that HR plays in any organization is crucial. It can save the organization of millions of dollars arising from workplace violation, potential lawsuits and negative publicity.
Numerous Supreme Court cases that influence HRM practices are presented, including:
(a) Griggs v. Duke Power (1971)
(b) McDonnell Douglas v. Green (1973)
(c) Diaz v. Pan Am World Airways (1971)
(d) B Regents of the University of California v. Bakke (1987)
(e) International Union, UAW v. Johnson Controls, Inc. (1991)
This chapter also includes information on sexual harassment and pregnancy discrimination laws to illustrate that equal opportunity is a diverse concept and covers a wide range of employees.
CHAPTER LEARNING OBJECTIVES
After reading this chapter, students should be able to

1. Determine three major reasons why equal employment opportunity (EEO) programs have evolved.
2. Describe two major criteria used to determine EEO and affirmative action compliance or noncompliance.
3. Explain what is meant by the term discrimination.
4. List the enforcement agencies responsible for administering Title VII of the Civil Rights Act, Executive Order 11246, and the Americans with Disabilities Act.
5. Outline how an organization can implement an affirmative action program.

KEY TERMS

affirmative action
Preferential treatment in hiring, recruitment, promotion, and development for groups that have been discriminated against.
Age

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