NCJ Number
59248
Date Published
1975
Length
91 pages
Annotation
DIRECTED TO TOP MANAGEMENT, PERSONNEL STAFF, AND LINE MANAGERS, THIS MANUAL SHOWS HOW TO AVOID SYSTEMIC DISCRIMINATION BY ANALYZING THE TOTAL EMPLOYMENT PROCESS.
Abstract
DISCRIMINATION OCCURS BOTH ON THE LEVEL OF THE PERSONAL BIAS OF AN INDIVIDUAL IN AUTHORITY, AND ON THE LEVEL OF THE SYSTEM OF POLICIES, PRACTICES, SELECTION CRITERIA, AND DECISIONMAKING CRITERIA WHICH AFFECT THE PROTECTED CLASSES NEGATIVELY. THIS LATTER ASPECT, SYSTEMIC DISCRIMINATION, IS ADDRESSED IN THIS MANUAL, WHICH IS INTENDED TO HELP EMPLOYERS LOCATE SUCH DISPARITIES THROUGH A METHOD OF SELF-ANALYSIS. AS THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) VIEWS IT, DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IS DISCRIMINATION AGAINST THE CLASS OF PEOPLE WITH THE CHARACTERISTIC IN COMMON. THEREFORE, A STATISTICAL DISPARITY AT ANY STEP OF THE EMPLOYMENT PROCESS AMPLY SERVES EITHER AGENCY AS A PRIMA FACIE INDICATION OF DISCRIMINATORY PRACTICE. THE FIRST PART OF THE MANUAL, DIRECTED TO TOP MANAGEMENT, COVERS GENERAL CONSIDERATIONS SUCH AS THE WAYS SYSTEMIC DISCRIMINATION ENTERS THE PERSONNEL SYSTEM AND ITS SUBSYSTEMS. CASES INVOLVING ITS DEFINITION ARE CITED (THE GRIGGS V. DUKE POWER COMPANY DECISION); AND REMEDIES FOR SYSTEMIC DISCRIMINATION ARE DESCRIBED, INCLUDING SELF-AUDIT, AND REMEDIAL PROGRAMS. THE REQUIREMENTS OF AN AFFIRMATIVE ACTION PLAN AND THE EEOC VOLUNTARY COMPLIANCE AGREEMENT ARE EXPLAINED. THE SECOND PART OF THE MANUAL IS TECHNICAL AND METHODOLOGICAL, WRITTEN OF THE MANUAL IS TECHNICAL AND METHODOLOGICAL, WRITTEN PRIMARILY FOR PERSONNEL STAFF AND LINE MANAGERS, AND COMPRISES THE FOLLOWING: INSTRUCTION FOR THE COLLECTION OF DATA (BUT NOT THE ANALYSIS OF THOSE DATA); MEASUREMENTS OF PARITY (COMPARISONS OF THE INTERNAL DISTRIBUTION OF THE WORK FORCE TO THE APPROPRIATE EXTERNAL LABOR MARKET); IDENTIFICATION OF SPECIFIC PERSONNEL PRACTICES; ESTABLISHMENT OF PRIORITIES FOR LATER WORK, AND IDENTIFICATION OF OTHER POTENTIAL MAJOR COMPLIANCE ISSUES; OUTLINE OF THE STEPS NECESSARY TO IDENTIFY DISCRIMINATION IN RECRUITMENT, HIRING, PROMOTION, TRANSFER, AND TERMINATION; AND DISCUSSION OF THE PRINCIPLES OF THE EEOC'S 'THEORY OF RELIEF' RELATIVE TO THE DEVELOPMENT OF SPECIFIC REMEDIES AND THE SETTINGS, OF GOALS AND TIMETABLES. A GLOSSARY OF EEOC COMPLIANCE TERMS, A DESCRIPTION OF SECTION 60-2.11 REVISED ORDER NO. 4, AND SELECTED READINGS ARE INCLUDED. TABLES ACCOMPANY THE TEXT. (MHP)