Human Resource

Management:
An Asian Perspective
(Second Edition)

Chapter 2

Equal Opportunity and

the Law

Gary Dessler and Chwee Huat Tan

© 2009 Pearson Education South Asia Pte Ltd.
All rights reserved.
 After studying this chapter,
you should be able to:
1. Avoid employment discrimination problems.
2. Discuss the features of some employment discrimination
laws.
3. Discuss some discriminatory HR practices in
recruitment, selection, promotion, transfer, layoffs, and
benefits.
4. Define and discuss diversity management.
5. Discuss discrimination laws and practices in some Asia
Pacific countries.

2–2
 Equal Employment Opportunity

in the US (1964–1991)
 Title VII of the Civil Rights Act (1964)
– An employer cannot discriminate on the
basis of race, color, religion, sex, or
national origin with respect to employment.

2–3
 Title VII of the
1964 Civil Rights Act
 The Equal Employment Opportunity
Commission (EEOC)
– Consists of five members appointed by the
president with the advice and consent of the
Senate.
– Each member serves a five-year term.
– EEOC may file discrimination charges and go
to court on behalf of aggrieved individuals.

2–4
 Employment Discrimination
Laws (US)
 Equal Pay Act
– Equal pay for equal work, regardless of gender

 Age Discrimination in Employment Act

– Prohibits age discrimination and specifically
protecting individuals over 40 years old

 Vocational Rehabilitation Act

– Requires federal contractors to take affirmative
action for disable persons

2–5
 Employment Discrimination
Laws (US)
 Fifth Amendment to the US Constitution
– No person shall be deprived of life, liberty,
property, without the due process of the law.

 Pregnancy Discrimination Act

– Prohibits sex discrimination based on “pregnancy,
childbirth, or related medical conditions.

2–6
 Americans with Disabilities Act
(ADA)
 ADA of 1990
– Requires employers to make reasonable
accommodations for disabled employees
– Prohibits discrimination against disabled persons.

 Disability
– A physical or mental impairment that substantially
limits one or more major life activities.

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 Sexual Harassment

 Sexual harassment
– Harassment on the basis of sex that has the
purpose or effect of substantially interfering with a
person’s work performance or creating an
intimidating, hostile, or offensive work
environment.

 Federal Violence Against Women Act

– A person who commits a violent crime motivated
by gender is liable to the injured party.

2–8
 Sexual Harassment Defined

 Unwelcome sexual advances

 Requests for sexual favors
 Verbal or physical conduct of a sexual
nature

2–9
 Proving Sexual Harassment

 Quid pro quo

– Rejecting a supervisor’s advances adversely affects
the employee’s tangible benefits, such as raises or
promotions.

 Hostile environment created by supervisors

– Behaviors that substantially affect an employee’s
emotional and psychological ability to the point that
they affect the employee’s ability to continue with
the employee’s job.

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 Proving Sexual Harassment

 Hostile environment created by

co-workers or non-employees
– Advances by the employee’s co-workers (or even
the employer’s customers) can cause harassment.

2–11
 What Employers Should Do to Minimize
Liability in Sexual Harassment Claims

 Take all complaints about harassment seriously.

 Issue a strong policy statement condemning such
behavior.
 Inform all employees about the policy and of their
rights.
 Develop and implement a complaint procedure.
 Establish a management response system that
includes an immediate reaction and investigation by
senior management.
Sources: Commerce Clearing House, Sexual Harassment Manual for Managers and Supervisors (Chicago: Commerce Clearing House, 1991),
p. 8; Louise Fitzgerald et al., “Antecedents and Consequences of Sexual Harassment in Organizations: A Test of an Integrated Model,”
Journal of Applied Psychology 82, no. 4 (1997), pp. 577–589;“New EEOC Guidance Explains Standards of Liability for Harassment by
Supervisors,” BNA Fair Employment Practices (June 24, 1999), p. 75;“Adequate Response Bars Liability,” BNA Fair Employment Practices
(June 26, 1997), p. 74; Shereen Bingham and Lisa Scherer, “The Unexpected Effects of a Sexual Harassment Educational Program,” Journal
of Applied Behavioral Science 37, no. 2 (June 2001), pp. 125–153. Figure 2–1
2–12
 What Employers Should Do to Minimize
Liability in Sexual Harassment Claims

 Begin management training sessions with supervisors and

managers to increase their awareness of the issues.
 Discipline managers and employees involved in
harassment.
 Keep records of complaints, investigations, and actions
taken.
 Conduct exit interviews that uncover any complaints and
that acknowledge by signature the reasons for leaving.

Sources: Commerce Clearing House, Sexual Harassment Manual for Managers and Supervisors (Chicago: Commerce Clearing House, 1991),
p. 8; Louise Fitzgerald et al., “Antecedents and Consequences of Sexual Harassment in Organizations: A Test of an Integrated Model,”
Journal of Applied Psychology 82, no. 4 (1997), pp. 577–589;“New EEOC Guidance Explains Standards of Liability for Harassment by
Supervisors,” BNA Fair Employment Practices (June 24, 1999), p. 75;“Adequate Response Bars Liability,” BNA Fair Employment Practices
(June 26, 1997), p. 74; Shereen Bingham and Lisa Scherer, “The Unexpected Effects of a Sexual Harassment Educational Program,” Journal
of Applied Behavioral Science 37, no. 2 (June 2001), pp. 125–153. Figure 2–1
2–13
 What Employers Should Do to Minimize
Liability in Sexual Harassment Claims

 Re-publish the sexual harassment policy periodically.

 Encourage upward communication through periodic
written attitude surveys, hotlines, suggestion boxes,
and other feedback procedures.

Sources: Commerce Clearing House, Sexual Harassment Manual for Managers and Supervisors (Chicago: Commerce Clearing House, 1991),
p. 8; Louise Fitzgerald et al., “Antecedents and Consequences of Sexual Harassment in Organizations: A Test of an Integrated Model,”
Journal of Applied Psychology 82, no. 4 (1997), pp. 577–589;“New EEOC Guidance Explains Standards of Liability for Harassment by
Supervisors,” BNA Fair Employment Practices (June 24, 1999), p. 75;“Adequate Response Bars Liability,” BNA Fair Employment Practices
(June 26, 1997), p. 74; Shereen Bingham and Lisa Scherer, “The Unexpected Effects of a Sexual Harassment Educational Program,” Journal
of Applied Behavioral Science 37, no. 2 (June 2001), pp. 125–153. Figure 2–1
2–14
 Equal Employment Opportunity,
1991–Present (US)
 Civil Rights Act (CRA)
– It places burden of proof back on employers
once the plaintiff has made a prima facie
case and permits compensatory and punitive
damages.

©
© 2009
2009 Pearson
Pearson Education
Education South
South Asia
Asia Pte
Pte Ltd.
Ltd. All
All rights
rights reserved.
reserved. 2–15
 Bona Fide Occupational
Qualification
 Bona fide occupational qualification
(BFOQ)
– Requirement that an employee be of a
certain religion, sex, or national origin
where that is reasonably necessary to the
organization’s normal operation. Specified
by the 1964 Civil Rights Act.
• Age
• Religion
• Gender
• National Origin

2–16
 Business Necessity

 “Business necessity”
– Employers must show that there is an overriding
business purpose (i.e., “irresistible demand”) for a
discriminatory practice.

 Validity
– The degree to which the test or other employment
practice is related to or predicts performance on the
job.

2–17
 Other Considerations in
Discriminatory Practice Defenses
 Good intentions are no excuse.
 Employers cannot hide behind collective
bargaining agreements—equal opportunity
laws override union contract agreements.
 If a personnel practice is discriminatory, firms
should react by agreeing to eliminate the illegal
practice and (when required) by compensating
the people discriminated against.

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 Discriminatory Employment
Practices
 Recruitment  Selection
– Word of Mouth – Educational
– Misleading Requirements
Information – Preference to Relatives
– Help Wanted Ads – Height, Weight, and
 Personal Appearance Physical Characteristics

– Dress – Arrest Records

– Hair – Application Forms

– Uniforms – Discharge Due to

Garnishment
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 Diversity Management

 Managing diversity
– Provide strong leadership.
– Assess the situation.
– Provide diversity training and education.
– Change culture and management systems.
– Evaluate the diversity management program.
 Boosting workforce diversity
– Adopt strong company policies advocating the
benefits of a culturally, racially, and sexually diverse
workforce.
– Take concrete steps to foster diversity at work.

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 Equal Employment Opportunity
Versus Affirmative Action
 Equal employment opportunity
– Aims to ensure that anyone, regardless of race, color,
disability, sex, religion, national origin, or age, has an
equal chance for a job based on his or her
qualifications.
 Affirmative action
– Requires the employer to make an extra effort to hire
and promote those in a protected group that results in
measurable, yearly improvements in hiring, training,
and promotion of minorities and females in all parts of
the organization.

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 Managing Diversity vs.
Affirmative Actions
Managing Diversity
Is voluntary
Focuses on productivity
Includes all elements of diversity
Emphasizes changing systems and
operations
Offers a perception of equity
Is long-term and ongoing
Is grounded in individuality
Source: National Institutes of Health.
Practising Diversity to Meet
EEO/Affirmative Action
Requirements
Is often mandatory
Focuses on legal, social, and moral
justifications
Includes only race, gender, and
ethnicity
Emphasizes changing mix of people
Offers a perception of preference
Is short-term and limited
Is grounded in assimilation
2–22
 Major Discrimination Laws –
Australia
 Racial Discrimination Act
 Sex Discrimination Act
 Disability Discrimination Act
 Affirmative Action Act
 Racial Hatred Act
 Workplace Relations Act

2–23
 Major Discrimination Laws –
Hong Kong
 Sex Discrimination Ordinance
– Discrimination on grounds of gender,
marital status, and pregnancy, covering
both work and non-work situations

 Disability Discrimination Ordinance

– To eliminate social and industrial
discrimination against the differently abled

2–24
 Major Discrimination Laws –
Hong Kong
 Family Status Discrimination Ordinance
– Unlawful to discriminate anyone, at work
and outside work, on the ground of family
status that implies, in law, an individual
having responsibility for the care of an
immediate family member

2–25
 Major Discrimination Laws –
Hong Kong
 Equal Opportunity Commission
– Empowered to investigate non-compliance
with the law
– Provides employees with a code of practice
on job advertisement, job title,
compensation, promotion, transfer and
training

2–26
 Major Discrimination Laws –
Indonesia
 No discrimination laws for female
employees
– Paid time off for special rights i.e. 2 days off
during menstruation and 3 months off for
pregnancy
– Pregnant employees cannot be dismissed
– Pregnant employees have the right to return
to job after maternity leave

2–27
 Major Discrimination Laws –
Japan
 Labor Standards Law prohibits discrimination
in:
- wages, work hours and other
conditions because of:
- nationality, creed or social status
 Equal Employment Opportunity Law provides:
– Equality in opportunity concerning recruitment,
promotion, payment and training for both gender

2–28
 Major Discrimination Laws –
Singapore
 Code of Responsible Employment Practices
jointly issued by SNEF, SBF and NTUC:
– helps employers to promote responsible practices
regardless of:
• race, religion, age, gender, marital status, disability
– Encourages self-regulation in
• Recruitment, selection, appraisal, job upgrading, posting
and training, and conditions of employment

2–29
 Major Discrimination Laws –
South Korea
 Labor Standard Law
– Prohibits employers from discrimination against
workers by:
– Gender, nationality, religion or social status

 Aged Employment Promotion Act

– Employers (with > 300 workers) must have a
minimum of 3% from above-55 age group

2–30
 Major Discrimination Laws –
South Korea
 Employment Equality Act
– Prohibits discrimination of women in areas of
recruitment, employment, wages, non-wage
payment, training, assignment and promotion

2–31
 Major Discrimination Laws –
Malaysia
 Code of Practice for the Prevention and
Handling of Sexual Harassment at the
Workplace
– Provides mechanism for redress
 Ministry of Human Resources
– Has a special division to deal with such cases
– Encourages trade unions to include sexual
harassment clauses in their collective agreements

2–32
 Major Discrimination Laws –
Thailand
 Under the Labor Protection Law,
– Women may sue employers or colleagues
for passing sexist remarks at the
workplace.
– Sexual harassment is more broadly defined
and includes any verbal, mental, or
physical abuse.

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