HRM textbook

CHAPTER 2 EQUAL OPPORTUNITY AND THE LAW 49
Second, the EEOC has said that it will disapprove of such practices, so just asking
the questions may draw its attention. Such questions may identify and/or adversely
affect an applicant as a member of a protected group. They become illegal if a
complainant can show you use them to screen out a greater proportion of his or her
protected group s applicants, and you can t prove the practice is required as a business
necessity or BFOQ.
Let s look now at some of the potentially discriminatory practices to avoid. 82
Recruitment
WORD OF MOUTH You cannot rely upon word-of-mouth dissemination of
information about job opportunities when your workforce is all (or mostly all) white
or all members of some other class such as all female, all Hispanic, and so on. Doing
so reduces the likelihood that others will become aware of the jobs and thus apply
for them.
MISLEADING INFORMATION It is unlawful to give false or misleading
information to members of any group, or to fail or refuse to advise them of work
opportunities and the procedures for obtaining them.
HELP WANTED ADS Help wanted male and help wanted female ads are
violations unless gender is a bona fide occupational qualification for the job. The
same applies to ads that suggest age discrimination. For example, you cannot
advertise for a young man or woman.
Selection Standards
EDUCATIONAL REQUIREMENTS Courts have found educational qualifications
to be illegal when (1) minority groups are less likely to possess the educational
qualifications (such as a high school degree) and (2) such qualifications are also not
job related. However, there may be jobs of course for which educational requirements
(such as college degrees for pilot candidates) are a necessity.
TESTS Courts deem tests unlawful if they disproportionately screen out minorities
or women and they are not job related. According to a former U.S. Supreme Court
Chief Justice,
Nothing in the [Title VII] act precludes the use of testing or measuring procedures;
obviously they are useful. What Congress has forbidden is giving these devices and
mechanisms controlling force unless they are demonstrating a reasonable measure
of job performance.
The employer must be prepared to show that the test results are job related
instance, that test scores relate to on-the-job performance.
PREFERENCE TO RELATIVES Do not give preference to relatives of current
employees with respect to employment opportunities if your current employees are
substantially nonminority.
HEIGHT, WEIGHT, AND PHYSICAL CHARACTERISTICS Physical requirements
such as minimum height are unlawful unless the employer can show they re job related.
For example, a U.S. Appeals Court upheld a $3.4 million jury verdict against Dial Corp.
Dial rejected 52 women for entry-level jobs at a meat processing plant because they failed
strength tests, although strength was not a job requirement. 83 Maximum weight rules
generally don t trigger adverse legal rulings. To qualify for reasonable accommodation,
obese applicants must be at least 100 pounds above their ideal weight or there must be a
physiological cause for their disability. However, legalities aside, managers should be
vigilant. 84 Studies leave little doubt that obese individuals are less likely to be hired, less
likely to receive promotions, more likely to get less desirable sales assignments, and more
likely to receive poor customer service as customers. 85
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