Equal Employment Opportunity Commission

Equal Employment Opportunity Commission

Equal employment opportunity

 

·         refers to the government's attempt to ensure that all individuals have an equal chance for employment, regardless of race, color, religion, sex, or national origin

 

Thirteenth Amendment

 

·         Constitution abolished slavery in the United States.

 

Fourteenth Amendment

 

·         forbids the state to take life, liberty, or property without due process of law and prevents the states from denying the equal protections of the law

 

Civil Rights Acts of 1866 and 1871

 

·         granted all persons the same property rights as white citizens, as well as other rights such as that of entering into and enforcing contracts. Courts have interpreted one section of these laws as granting individuals the right to make and enforce employment contracts

 

The Equal Pay Act of 1963

 

·         requires that men and women in the same organization who are doing equal work must be paid equally. If pay differences are a function of merit, seniority, and so forth, then the differences are allowable.

 

The Equal Pay Act of 1963

 

·         requires that men and women in the same organization who are doing equal work must be paid equally. If pay differences are a function of merit, seniority, and so forth, then the differences are allowable.

 

Title VII of the Civil Rights Act of 1964

 

·         is the major piece of legislation regulating EEO in the United States. Title VII makes it illegal for an employer to "fail or refuse to hire or discharge any individual, or otherwise discriminate against them, with respect to his compensation, terms, conditions, or privileges of employment because of the individual's race, color, religion, sex, or national origin."

 

The Age Discrimination in Employment Act (ADEA) of 1967

 

·         prohibits discrimination against employees over the age of 40.

 

The Vocational Rehabilitation Act of 1973

 

·         covers federal contractors and requires them to engage in affirmative action for disabled individuals. Govt. agencies/federal contractors >$2500

 

The Vietnam Era Veteran's Readjustment Act of 1974

 

·         requires federal contractors to take affirmative action toward employing Vietnam veterans

 

Pregnancy Discrimination Act

 

·         An amendment to Title VII of the Civil Rights Act, it makes illegal discrimination on the basis of pregnancy, childbirth, or related medical conditions as a form of unlawful sex discrimination. >15 EE's

 

The Americans with Disabilities Act (ADA)

 

·         protects individuals with disabilities from being discriminated against in the workplace by prohibiting discrimination in all employment practices. It requires that "reasonable accommodations" be made as long as they do not present an "undue burden" upon the employer.

 

Executive Orders

 

·         are directives issued and amended unilaterally by the president. Two affect HRM practice
1. Executive order 11246
2. Executive order 11478

 

Executive Order 11246

 

·         prohibits government contractors from discrimination based on race, color, religion, sex, and national origin. Affirmative action must be taken.

 

Executive Order 11478

 

·         requires the federal government to base all its employment policies on merit and fitness and specifies that race, color, sex, religion, and national origin should not be considered.

 

 

Equal Employment Opportunity Commission (EEOC).

 

·         is a division of the Department of Justice responsible for enforcing most of the EEO laws.
Three major responsibilities are detailed:
1. Investigation and Resolution
2. Information Gathering
3. Issuance of Guidelines

 

The Office of Federal Contract Compliance Procedures (OFCCP)

 

·         is responsible for enforcing executive orders that cover companies that have federal government contracts. Businesses with more than $10,000 in contracts must have affirmative action plans. The three components are listed below:
1. Utilization analysis
2. goals and timetables
3. action steps

 

Utilization analysis

 

·         is a comparison of the race, sex, and ethnic composition of the employer's work force with that of the available labor supply (by job group).

 

goals and timetables

 

·         are the part of a written affirmative action plan that specifies the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained.

 

Action steps

 

·         are the written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups.

 

Types of Discrimination

 

·         Disparate Treatment
2. Disparate Impact
3. Reasonable Accommodation

 

Disparate Treatment

 

·         exists when individuals in similar situations are treated differently and when the different treatment is based upon the individual's race, color, religion, sex, national origin, age, or disability status.

 

 

Disparate impact

 

·         occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities (facially neutral means that it lacks obvious discriminatory content yet affects one group to a greater extent than other groups).

 

Reasonable Accommodation

 

·         places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.

 

four fifths rule

 

·         says that a test has disparate impact if the hiring rate for the minority group is less than four fifths (80 percent) of the hiring rate for the majority group.

 

In Griggs v. Duke Power

 

·         it was shown that the employer required either a high school diploma or passing scores on two nationally developed tests. However, the company had not studied the relationship of these selection devices to ability to do the job. Employees already on the job without high school degrees were performing satisfactorily. Thus, Duke Power lost the case.

 

Sexual Harassment

 

·         refers to unwanted sexual advances.
1. Quid pro quo harassment
2. A hostile working environment

 

Quid pro quo harassment

 

·         occurs when some type of benefit or punishment is made contingent upon the employee submitting to sexual advances.

 

A hostile working environment

 

·         occurs when someone's behavior in the workplace creates an environment that makes it difficult for someone of a particular sex to work.

 

Three Critical Conditions for Sexual Harassment

 

·         The plaintiff cannot have "invited or incited" the advances.
b. Harassment must have been severe. DOES A REASONABLE PERSON FIND BEHAVIOR OFFENSIVE???
c. The court must determine the liability of the organization for actions of its employees.

 

Preventive steps for Sexual Harassment

 

·         include development of a policy statement, training in inappropriate behaviors, development of a reporting mechanism, and disciplinary policy.

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