Equal Employment Opportunity (EEO) and Human Resources Management

 Historical Perspective of EEO Legislation

• Equal Employment Opportunity (EEO). The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner.
• Changing National Values
• Economic Disparity
• Early Legal Developments

Government Regulation of EEO

- Equal Pay of Act of 1972

Requires all employers covered by the fair Labor Standards Act and others to provide equal pay for equal work, regardless of sex

- Title VII of Civil Rights Act of 1964 (amended in 1972, 1991, and 1994) 

Prohibits discrimination in employment on the basis of race, color, religion,sex, or national origin; created the Equal Employment Opportunity Commissions (EEOC) to enforce the provisions of title VII.

- Age Discrimination in Employment Act of 1967 (amended in 1986 and 1990)

Prohibits private and publics employers from discriminating againts people 40 years of age or older in any area of employment because of age; exeptions are permitted where age is bona fide occupational qualifications.

- Equal Employment Opportunity Act of 1972

Amended Title VII of Civil Rights Act of 1964; strenghens CCOC's enforcement powers and extends coverage of Title VII to goverment employees, employees in higher education, and other employers and employees.

- Pregnancy Discrimination Act of 1978

Broadens the definitions of sex discrimination to include pregnancy, childbirth, or related medical condition, prohibits employers from discriminating againts pregnant women in employment benefits if they are capable of performing their job duties.

- Americans with Disabilities Act of 1990 

Prohibits discrimination in employment againts people with physical or mental disabilities or the chronicallly ill; enjoins employers to make reasonable accommodation to the employement needs of the disable; covers employers with fifteen or more employees.

-Uniformed Services Employment and Reemployment Rights Act of 1994

Protects the employment rights of individuals who enter the military for short periods of service.

Jurisdiction of the Civil Rights Act of 1964

• All private employers in interstate commerce who employ fifteen or more employees for twenty or more weeks per year 
• State and local governments
• Private and public employment agencies, including the U.S. Employment Service
• Joint labor-management committees that govern apprenticeship or training programs
•  Labor unions having fifteen or more members or employees
• Public and private educational institutions
• Foreign subsidiaries of U.S. organizations employing U.S. citizens

Exemptions From Antidiscrimination Regulations

- Bona Fide Occupational Qualification (BFOQ)

    Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job.

- Business Necessity

    Work-related practice that is necessary to the safe and efficient operation of an organization.

Age Discrimination Actions

• Excluding older workers from important work activities.
• Making negative changes in the performance evaluations of older employees. 
• Denying older employees job-related education, career development, or promotional opportunities.
• Selecting younger job applicants over older, better-qualified candidates. 
• Pressuring older employees into taking early retirement.
• Reducing the job duties and responsibilities of older employees.
• Terminating older employees through downsizing.

What Is a “Disability”?

The Americans With Disabilities Act defines a disability as:

• A physical or mental impairment that substantially limits one or more of the major life activities.
• A record of such impairment.
• Being regarded as having such an impairment.

ADA Suggestions for an Accessible Workplace

• Install easy-to-reach switches.
• Provide sloping sidewalks and entrances.
• Install wheelchair ramps.
• Reposition shelves for the easy reach of materials.
• Rearrange tables, chairs, vending machines, dispensers, and other furniture and fixtures.
• Widen doors and hallways.
• Add raised markings on control buttons.
• Provide designated accessible parking spaces.
• Install hand controls or manipulation devices.
• Provide flashing alarm lights.
• Remove turnstiles and revolving doors or provide alternative accessible paths.
• Install holding bars in toilet areas.
• Redesign toilet partitions to increase access space.
• Add paper cup dispensers at water fountains.
• Replace high-pile, low-density carpeting.
• Reposition telephones, water fountains, and other needed equipment.
• Add raised toilet seats.

Fair Employment Practice Laws

- Fair Employment Practices (FEPs)

State and local laws governing equal employment opportunity that are often more comprehensive than federal laws.

- Although Title VII of the Civil Rights Act exempts employers with fewer than fifteen employees, many states extend antidiscrimination laws to smaller employers with one or more workers.

Sexual Harassment 

Sexual Harassment (under Title VII)

- Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment

- An employer is considered guilty of sexual harassment when:

a.The employer knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action.

b. The employer allows nonemployees (customers or salespeople) to sexually harass employees.

Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment.

- Quid Pro Quo Harassment

1.Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions.”

2.Involves a tangible or economic consequence, such as a demotion or loss of pay.

3. Oncale v Sundowner Offshore Services (1998)

Same-sex sexual harassment (male-to-male, female-to-female) is covered under Title VII.

- Hostile Environment

1. Occurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.

2. Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute sexual harassment when an employee finds them offensive.

3.Courts use a “reasonable person” test for hostile environment.

Immigration Reform and Control Act (1986)

Employers must comply with the Act by:

1. Having employees fill out their part of Form I-9.

2. Checking documents establishing an employee’s identity and eligibility to work. 

3. Complete the employer’s section of Form I-9.

4. Retain Form I-9 for at least three years.

5. Present Form I-9 for inspection to an Immigration and Naturalization Service officer or to a Department of Labor officer upon request.

Uniform Guidelines on Employee Selection Procedures

- Uniform Guidelines on Employee Selection Procedures

1. Procedural document published in the Federal Register to assist employers in complying with federal regulations against discriminatory actions.

2.Applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal, and referral.

- Uniform Guidelines on Employee Selection Procedures define discrimination as:

The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities of members of any race, sex, or ethnic group (protected class) will be considered to be discriminatory and inconsistent with these guidelines, unless the procedure has been validated in accordance with these guidelines (or, certain other provisions are satisfied).

Basic Steps In Developing An Effective Affirmative Action Program

1. Issue a written equal employment opportunity policy and affirmative action commitment.
2. Appoint a top official with responsibility and authority to direct and implement the program. 
3. Publicize the policy and affirmative action commitment.
4. Survey present minority and female employment by department and job classification.
5. Develop goals and timetables to improve utilization of minorities and women in each area where underutilization has been identified.
6. Develop and implement specific programs to achieve goals.
7. Establish an internal audit and reporting system to monitor and evaluate progress in each aspect of the program.
8. Develop supportive in-house and community programs.