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ADMS 3450 (8)
Lois King (6)
Chapter 33450

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Administrative Studies
ADMS 3450
Lois King

Chapter 3 Legislation ADMS 3450 Historical BackgroundThe discrimination prevented these people from obtaining or maintaining employment or subjected them to unfair treatment once employed and it contributed to large wage income and qualityoflife disparities between people of color and WhitesMAJOR FEDERAL ACTS RELATED TO DIVERSITY IN ORGANIZATIONSMost employers labor unions and employment agencies are forbidden to discriminate on the basis of those factors in hiring and firing compensation assignment or classification of employees transfer promotion layoff or recall job advertisements recruitment testing use of company facilities training and apprenticeship programs fringe benefits pay retirement plans and disability leave or other terms and conditions of employmentThese broad prohibitions imply that people should be allowed to work without regard to their group memberships they are the foundation of diversityrelated legislationThe Equal Pay Act of 1963The Equal Pay Act of 1963 an amendment to the Fair Labor Standards Act FLSA of 1938 was the first major act relevant to diversity in organizationsBecause the act covers those who are also covered by the FLSA virtually all employers are subject to the provisions of the Equal Pay Act which was an attempt to address pay inequities between men and womenJobs are considered to be equivalent or substantially similar when they require similar skill effort and responsibility are in the same organization and are performed under similar conditions However requirements for equivalence severely limit the effectiveness of the Equal Pay Act Men typically work with other men and women typically work with other women This phenomenon termed sex segregation takes place when at least 70 of incumbents in a particular job are male or female Employer stereotyping and steering are contributors to sex segregated jobsGender role socialization is the process by which social entitiesfamilies friends organizations the mediaform and shape expectations of acceptable behaviors and jobs for men and women People are socialized to view certain jobs as appropriate for women and others as appropriate for men Because womens jobs such as receptionist and elementary school teacher typically pay less than mens jobs mens jobs such as manager and high school principal this seemingly innocent sorting plays an important role in gender pay inequityFor a variety of reasons however men on average have more seniority than do womenThis subjectivity and peoples propensity to prefer those who are similar may disadvantage members of nondominant groups including womenEffectiveness of the Equal Pay ActAlthough the effectiveness of the Equal Pay Act has been limited by sex segregation and seemingly legitimate exceptions it is still credited with helping to reduce the pay gap between men and womenSome researchers argue that the wage gap is largely due to womens choices of careers fields of study time spent out of the workforce and fewer hours worked when compared with menLitigation under the Equal Pay ActAlthough sex segregation limits the effectiveness of the Equal Pay Act it does not negate the acts usefulness Litigation provides evidence of sexbased pay disparitiesas prohibited by the actTitle VII of the Civil Rights Act of 1964It prohibits discrimination on the basis of race color religion sex including sexual harassment or pregnancy discrimination and national origin in employmentrelated mattersTitle VII covers the great majority of employers including1all private employers state and local governments and educational institutions that employ fifteen or more individuals for twenty or more weeks per year 2private and public employment agencies3labor organizations 4 joint labormanagement committees controlling apprenticeship and training5companies incorporated or based in the United States or that are con trolled by US companies employing US citizens outside the United States or its territoriesCertain employers are excluded from coverage under Title VII including private membership clubs religious organizations schools associations or organizations hiring American Indians on or near reservationsDisparate treatment occurs when an applicant or employee is treated differently because of membership in a protected class Refusing to hire Blacks as restaurant servers or men as child care workers constitutes disparate treatment also referred to as intentional discrimination Example Common stereotypes about abilities traits or performance of people belonging to certain groups may lead to disparate treatment for example the stereotype that women have limited math skills could result in women purposely not being assigned to jobs requiring math skillsDisparate or adverse impact occurs when an apparently neutral evenly applied job policy or employment practice has a negative effect on the employment of people belonging to protected classes It is demonstrated by statistical evidence showing that people in a protected class were disproportionately affected by a particular neutral practice This type of discrimination also referred to as unintentional
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