DOCUMENT RESUME ED 195 655 CE 026 510 AUTHOR Shaeffer, Ruth G. TITLE Nondiscrimination in Employment,1973-1975. A Broadening and Deepening NationalEffort. INSTITUTION Conference Board, Inc., New York,N.Y. PUB DATE 75 NOTE 130p.: For related documentssee CE 026 514, ED 055 216, ED 080 744, ED 036 306,and ED 133 571. AVAILABLE FROM The Conference Board, Inc., 845Third Ave., New York, NY 10022 ($10.00, Associate andEducational; $30.00, non-associate. For special priceson group orders for classroom use, contact theInformation Service Division). EDRS PRICE MF01/PC06 Plus Postage. DESCRIPTORS Adults: Affirmative Action;Age Discrimination: Career Education; Civil Rights; CivilBights Legislation; *Compliance (Legal);*Court Litigation: Disabilities: *Equal Opportunities(Jobs); Equal Protection; *Federal Courts;*Federal legislation; Federal Regulation: Laws: RacialDiscrimination: Sex Discrimination: Sex Fairness IDENTIFIERS Age Discrimination in EmploymentAct 1967; Civil Rights Act 1964 Title VII; EqualPay Act 1963; Executive Order 11246; RehabilitationAct 1973: Title IX Education Amendments 1972:Vietnam Era Veterans Readjustment Assistance Act ABSTRACT This supplement to ED C86 806discusses developments in the field of equal employmentopportunity (EEO).A section on recent Aevelopments under TitleVII of the Civil Rights Act cf 1964, as amended, covers the American Telephoneand Telegraph Consent Decree, other conciliation and consentagreements, labor relations aspects, individual suits, testingand other employee selection procedures, seniority,sex discrimination and employee benefits, validity of performance appraisals,and processing of complaints by the EEO Commission. Thenext section briefly discussesrecent developments under executive order11246, as amended (compliance by specified types of governmentcontractors). Other routes to federal court action are then covered.A section on recent developmentsunder the Age Discrimination in EmploymentAct of 1967 addresses work-force reduction problems and relationshipof the job to theessence of the business. Recent developmentsunder the Equal Pay Act of 1963are then presented. A final sectionfocuses on new laws and regulations: Rehabilitation Act of 1973,as amended: Vietnam Era Veterans Readjustment Assistance Act of 1974:and Title IX (Educational Amendments 1972) regulations. Appendixes,amounting to approximately twc-thirds of the document, includeadditional excerpts from federal court decisions about nondiscriminationand additional texts of various constitutional provisions andfederal laws and regulations, as most recently amended. (YLE) Nondiscrimination in Employment,1973-1975 A Broadening and Deepening National Effort By Ruth G. Shaeffer A Research Report from The Conference Board's Division of Management Research Harold Stieglitz, Vice President U S OE PARTMENT OF HEALTH. "PERMISSION TO REPRODUCE THIS EOUCATION IL WELFARE MATERIAL IN MICROFICHE ONLY NATIONAL INSTITUTE OF EOUCATION HAS BEEN GRANTED BY THIS DOCUMENT HAS BEEN REPRO. DUCED EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN- ATING IT POINTS OF VIEW OR OPINIONS STATED DO NOT NECESSARILY RERRE f.rn o 1980 THE CONFERENCE BOARD is an independent,non- profit business research organization. Formore than fifty years it has continuously servedas an institution for scientific research in the fields of businesseco- nomics and business rt,:..lagement. Its solepurpose is to promote prosperity and security by assistingin the effective operation arc! sound development of volun- tary productive c.rterprivt. 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Library of Congress Catalog No.: 75-37476 ISBN No.: 0-8237-0111-5 3 Contents Page FOREWORD INTRODUCTION 1 RECENT DEVELOPMENTS UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED 4 The AT&T Consent Decree 4 Other Conciliation and Consent Agreements 7 Labor Relations Aspects of EEO Matters 13 Individual Suits under Title VII 17 Testing and Other Employee Selection Procedures 17 SeniorityOld Issues and Two New Dilemmas 20 Sex Discrimination and Employee Benefits 23 The Validity of Performance Appraisals 26 The Processing of Complaints by the EEOC 28 RECENT DEVELOPMENTS UNDER EXECUTIVE ORDER 11246, AS AMENDED 30 OTHER ROUTES TO FEDERAL COURT ACTION 32 RECENT DEVELOPMENTS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 35 Work-Force Reduction Problems 35 The Relationship of the Job to the Essence of the Business 35 RECENT DEVELOPMENTS UNDER THE EQUAL PAY ACT OF 196338 NEW LAWS AND REGULATIONS 39 The Rehabilitation Act of 1973, as Amended 39 Vietnam-Era Veterans' Readjustment Assistance Act of 1974 39 Title IX Regulations 39 APPENDIX A: Other Excerpts from Federal Court Decisions About Nondiscrimination in Employment 43 APPENDIX B: Texts of Regulations, as Amended 70 COURT CASES CITED 124 iii d Foreword NondiscriminationinEmployment: Changing during training programs designed to help them Perspectives, 1963-1972 (Report No. 589) cov- understand and comply with these important fed- ered a ten-year period. At the request of many eral laws and regulations. Both groups can now Associates and with the welcome assistance of a be brought up to date by means of this supple- considerable number of subject-matter specialists mental volume. some of whom we like to refer to as "the court- The Conference Board plans to continue to decision-watchers"--Ruth Shaeffer has now up- investigate and report on this country's efforts: dated her fine research study. Reflecting recent (1) to move toward the goal of equal employ- rapid developments in the field of equal employ- ment opportunity regardless of race, color, reli- ment opportunity, this report, although almost as gion, sex, national origin, or age; and (2) to find long as the original, covers only the two-and-one- affirmative ways to help special groups, such as half-year period from January, 1973 through the handicapped and Vietnam-era veterans, ob- June, 1975. tain suitable jobs. Many Associates tell us that they have been providing the initial Nondiscrimination report to their EEO specialists and personnel managers at ALEXANDER B. TROWBRIDGE all locations as a ready reference manual. Some President have also been providing it to key line managers July 1,1975 FCREWORD Introduction THE M1D-1960'smarked a watershed in Ameri- can efforts to deal with the problem of discrimi- nation in employment. Prior to that there had, Ongoing Monitoring of course, been many state and local FEP laws, "Court-decision-watchers" warn that most of which were poorly enforced. There had the federal laws dealing with nondis- also been some federal Executive Orders, includ- crimination in employment are complex ing one establishing a voluntary national program and that the interpretation of many of known as Plans for Progress. But the civil unrest their provisions by the courts is still in of the mid-1960's made it plain that these limited the developmental phase. They also note efforts had failed. We moved on to compulsion that many state and local nondiscrimina- based on major federal laws and regulations. tion laws need to be taken into account. Accordingly, they are not surprised that Conference Board Report No. 589, Nondis- many larger organizations are making crimination in Employment: Changing Perspec- sure that specialized legal counsel is tives, 1963-1972, traced a decade of experience available to their personnel executives. with: Ongoing monitoring of this important emerging field of the law is obviously The Equal Pay Act of 1963 needed. Title VII of the Civil Rights Act of 1964, as amended Executive Order 11246, as amended can be justified only by proving them necessary The Age Discrimination in Employment to the safe and efficient operation of the business. Act of 1967 (See Exhibit 1.) Federal courts have also held that affirmative action is required: (1) to seek That initial report highlighted the evolution in out and employ qualified members of all pro- the federal courts of a sweeping new legal defini- tected groups represented in the labor force being tion of what constitutes discrimination in em- drawn upon; and (2) to correct and avoid carry- ployment because of race, color, religion, sex, ing forward the effects of past discrimination, national origin, and age. especially among present employees. In 1971, in Griggs v. Duke Power Co.,' the But even though these fundamental principles Supreme Court unanimously ruled that it is the have now been firmly established, equal employ- consequences of an employer's actions, and not ment opportunity is by no means an area of set- his intent, that determine whether he is discrimi- tledlaw and corporatepractice. Much has nating. The Court held that