Equal Employment Opportunity Laws : Employee Planning : Lean Business Club, Inc.

HUMAN RESOURCES MANAGEMENT
CHECK POINT 22: EQUAL EMPLOYMENT OPPORTUNITY LAWS

Please Select Any Topic In Check Point 22 Below And Click.

1.	title vii and equal employment opportunity act of 1972
2.	enforcement of equal employment opportunity laws
3.	presidential executive orders
4.	what is contract compliance?
5.	equal employment opportunity (EEO) and affirmative action (AA) laws
6.	general guidelines issued by eEOC
7.	the affirmative action program
8.	the anti-harassment policy statement
9.	for serious business owners only
10.	the latest information online

DO I NEED TO KNOW THIS CHECK POINT?

Management Level	Yes	Optional
Level 1: I Am An MBA Student.	V
Level 2: I Am A Professional Manager In A Company.		V
Level 3: I Plan To Start A One-Person Business.		V
Level 4: We Plan To Start A Small Business Without Employees.		V
Level 5: I/We Plan To Start A Small Business With Employees.	V
Level 6: I Am A One-Person Business Owner.		V
Level 7: I Am A Small Business Owner With Employees.	V
Level 8: We Are Small Business Owners Without Employees.		V
Level 9: We Are Small Business Owners With Employees.	V
Level 10: I Am A Management Consultant Or A CPA.	V

WELCOME TO CHECK POINT 22

TUTORIAL 1 General Management				TUTORIAL 2 Human Resources Management				TUTORIAL 3 Financial Management				TUTORIAL 4 Operations Management				TUTORIAL 5 Marketing And Sales Management
1	6	11	16	21	26	31	36	41	46	51	56	61	66	71	76	81	86	91	96
2	7	12	17	22	27	32	37	42	47	52	57	62	67	72	77	82	87	92	97
3	8	13	18	23	28	33	38	43	48	53	58	63	68	73	78	83	88	93	98
4	9	14	19	24	29	34	39	44	49	54	59	64	69	74	79	84	89	94	99
5	10	15	20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	95	100

HOW CAN YOU BENEFIT FROM CHECK POINT 22?

The main purpose of this check point is to provide you and your management team with detailed information about Equal Employment Opportunity (EEO) Laws and how to apply this information to maximize your company’s performance.

In this check point you will learn:

•	About Title VII and Equal Employment Opportunity Act of 1972.
•	About enforcement of equal employment opportunity laws.
•	About presidential executive orders related to EEO laws.
•	About contract compliance.
•	About EEO and affirmative action laws.
•	About general guidelines issued by EEOC.
•	About the affirmative action program.
•	About eight steps in the affirmative action program.
•	About information provided by the Office of Civil Rights.
•	About the anti-harassment policy statement... and much more.

LEAN MANAGEMENT GUIDELINES FOR CHECK POINT 22

You and your management team should become familiar with the basic Lean Management principles, guidelines, and tools provided in this program and apply them appropriately to the content of this check point.

You and your team should adhere to basic lean management guidelines on a continuous basis:

•	Treat your customers as the most important part of your business.
•	Provide your customers with the best possible value of products and services.
•	Meet your customers' requirements with a positive energy on a timely basis.
•	Provide your customers with consistent and reliable after-sales service.
•	Treat your customers, employees, suppliers, and business associates with genuine respect.
•	Identify your company's operational weaknesses, non-value-added activities, and waste.
•	Implement the process of continuous improvements on organization-wide basis.
•	Eliminate or minimize your company's non-value-added activities and waste.
•	Streamline your company's operational processes and maximize overall flow efficiency.
•	Reduce your company's operational costs in all areas of business activities.
•	Maximize the quality at the source of all operational processes and activities.
•	Ensure regular evaluation of your employees' performance and required level of knowledge.
•	Implement fair compensation of your employees based on their overall performance.
•	Motivate your partners and employees to adhere to high ethical standards of behavior.
•	Maximize safety for your customers, employees, suppliers, and business associates.
•	Provide opportunities for a continuous professional growth of partners and employees.
•	Pay attention to "how" positive results are achieved and constantly try to improve them.
•	Cultivate long-term relationships with your customers, suppliers, employees, and business associates.

1. TITLE VII AND EQUAL EMPLOYMENT OPPORTUNITY ACT OF 1972

IMPORTANT LAWS RELATED TO HUMAN RESOURCES

Business owners and managers must become familiar with equal employment opportunity laws which are an essential element of the human resources management process.

There are many Laws that have a considerable impact on the development of human resources management policies. These laws stipulate Acceptable Methods Of Employment And Compensation in various industries. It is essential, therefore, to adhere to these laws and to develop a comprehensive human resources management plan accordingly.

The underlying concepts of human resources management in the United States are developed in accordance with the following laws, principles, and guidelines :

• Equal Opportunity Employment.
• Civil And Political Rights.

The Civil Rights Act Of 1964 represents one of the most important civil right legislations in the U.S. One of the critical elements of this legislation is Title VII Of The Civil Right Act Of 1964. Title VII, as amended by The Equal Employment Opportunity Act Of 1972, specifies elements of an employer's unlawful behavior, as outlined below. (1)

TITLE VII OF THE 1964 CIVIL RIGHTS ACT

It Is Unlawful For An Employer To:
1.	Fail or to refuse to hire or to discharge any individual or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin.
2.	Limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, or national origin.

Title VII covers public and private employees, educational institutions, state and local governments with 15 or more employees, labor organizations with 15 or more members, public and private employment agencies, labor unions, and joint labor-management committees.

ADDITIONAL INFORMATION ONLINE

• What No To Do Interview By M. Dutton.
• Title VII Discrimination By Adam Rorabaugh.
• Title VII Of The Civil Right Act Of 1964 By Act Level 42.
• Commentary On Title VII Of The Civil Rights Act By Clay Kelley.
• Understanding And Abiding By Title VI Of The Civil Right Act By Jim Wance.

2. ENFORCEMENT OF EQUAL EMPLOYMENT OPPORTUNITY LAWS

ENFORCEMENT OF EQUAL EMPLOYMENT OPPORTUNITY LAWS

The enforcement of Equal Employment Opportunity laws in the U.S. is carried out by the Equal Employment Opportunity Commission (EEOC). The main function of this federal enforcement agency is to receive, to investigate, and to resolve employment discrimination complaints, based on various Types Of Discrimination, outlined below.

TYPES OF DISCRIMINATION

1.	Age
2.	Disability
3.	Equal Pay/Compensation
4.	Genetic Information
5.	Harassment
6.	National Origin
7.	Pregnancy
8.	Race/Color
9.	Religion
10.	Retaliation
11.	Sex
12.	Sexual Harassment

When the EEOC finds that certain employment practices have been violated, it attempts to reach an agreement between the injured individual and the employer to eliminate all aspects of the alleged discrimination. Under The Equal Employment Opportunity Act Of 1972, the EEOC may also file discrimination charges on behalf of the employee, if such action is justified.

ADDITIONAL INFORMATION ONLINE

• EEOC - Part 1 By EEOC SFDO 370.
• EEOC – Part 2 By EEOC SFDO 370.
• The EEOC's Updated Enforcement Guidance By Rod M. Fliegel, Hire Right Inc.
• EEOC Practices And Enforcement Procedures By Stephanie Jones, Lawline CLE.
• EEOC Compliance: Employment Screening Legislative Update By Rod M. Fliegel.

3. PRESIDENTIAL EXECUTIVE ORDERS

PRESIDENTIAL EXECUTIVE ORDERS

In addition to Equal Employment Opportunity laws, several Presidential Executive Orders have been issued in connection with the requirements imposed by the Title VII.

In accordance with the Executive Order 11246, signed by President Lyndon B. Johnson, and amended by Executive Order 11375:

"It is unlawful to discriminate on the basis of race, color, religion, sex, and national origin by federal agencies, contractors, and sub-contractors."

Moreover, this Executive Order requires that employers and contractors take Affirmative Action to ensure Equal Employment Opportunity. The basic principles of affirmative action will be discussed later.

ADDITIONAL INFORMATION ONLINE

• Affirmative Action By Barack Obama.
• Affirmative Action And White Privilege By Eugene Walton.
• History Of Affirmative Action Timeline By Stephanie Davis.
• Affirmative Action And Diversity In The Workplace By James Haney.
• President Johnson Signing Of Civil Right Act Of 1964 By Public Domain Footage.

4. WHAT IS CONTRACT COMPLIANCE?

CONTRACT COMPLIANCE

Employers must be familiar with various issues related to contract compliance.

The implementation of Executive Orders is the responsibility of the Office Of Federal Contract Compliance Program (OFCCP). This office is also responsible for ensuring the conciliation and contract compliance by federal contractors.

Contract Compliance means that in addition to quality, to timeliness, and to other requirements of federal contract work, contractors and sub-contractors must also meet Equal Employment Opportunity and Affirmative Action requirements.

The U.S. Department Of Labor published a comprehensive Guide For Small Businesses With Federal Contracts, designed to provide detailed guidelines related to contract compliance procedures.

These guidelines cover all aspects of employment including recruiting, hiring, training, pay, seniority, promotion, and benefits. (2)

ADDITIONAL INFORMATION ONLINE

•	Overview Of Contract Compliance By HHS OSDBU.
•	EEOC And OFCCP Reporting Compliance By Exact Hire.
•	Enforcement Activity At The EEOC And OSHA By Robert Blake.
•	U.S. Office Of Federal Compliance Investigates BSI By Michael Moore.
•	Measuring EEO Compliance By Stephanie R. Thomas, The Proactive Employer.

5. EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND AFFIRMATIVE ACTION (AA) LAWS

ARE YOU FAMILIAR WITH THE EQUAL EMPLOYMENT OPPORTUNITY LAWS?

It is essential to ensure that every business organization fully complies with Equal Employment Opportunity Laws And Regulations. For this reason you and your management team must become familiar with appropriate legislation and assign this important responsibility to one of your senior partners or to the human resources manager.

Some of the Equal Employment Opportunity Laws are summarized below.

EQUAL EMPLOYMENT OPPORTUNITY (EEO)
AND AFFIRMATIVE ACTION (AA) LAWS

Laws	Who Is Covered	Legal Requirements	Agency Involved
Title VII Of Civil Right Act, As Amended By The Equal Employment Opportunity Act Of 1972	Employers with 15 or more employees engaged in interstate commerce; federal service workers; and government workers	Prohibits employment decisions based on race, color, sex, or national origin; employers must develop Affirmative Action Programs (AAPs) to recruit women and minorities	Equal Employment Opportunity Commission (EEOC)
Executive Order 11246, As Amended By Executive Order 11375	Employers with federal contracts and sub-contracts, with 50 or more employees, or with contracts over $50,000	Requires contractors to take Affirmative Action, including goals and timetables, to recruit, select, train, utilize, and promote minorities and women	Office of Federal Contract Compliance Programs (OFCCP), in the Labor Department
The Equal Pay Act Of 1963, As Amended In 1972	All employers.	Prohibits discrimination in pay on the basis of gender, when jobs involve equal work - equivalent skills, effort, and responsibility.	EEOC
The Age Discrimination In Employment Act (ADEA) Of 1967.	Employers with 20 or more employees	Prohibits employment discrimination against employees aged 40 and over including, in most cases, mandatory retirement.	EEOC
The Vocational Rehabilitation Act Of 1973	Employers with federal contracts of $2,500 or more	Prohibits discrimination and requires contractor to develop AAP to recruit and employ handicapped persons.	OFCCP
The Vietnam Era Veterans Readjustment Act Of 1974	Employers with federal contracts	Requires contractors to develop AAP's to recruit and employ Vietnam-era veterans.	OFCCP
The Pregnancy Discrimination Act Of 1978	All employers.	Prohibits gender discrimination based on “pregnancy, childbirth and other related conditions".	EEOC
The Americans With Disabilities Act Of 1990	All employers of 15 or more employees	Prohibits discrimination against people with disabilities and requires employers to make "reasonable accommodations" for people with disabilities.	EEOC
The Civil Rights Act Of 1991	All employers	Amends the original Civil Rights Act and makes it easier to bring discrimination lawsuits while limiting punitive damages.	EEOC
The ADA Amendments Act Of 2008.	All employers of 15 or more employees	Prohibits discrimination against people with disabilities and requires employers to make "reasonable accommodations" for people with disabilities	EEOC

Extracted from the Bureau of National Affairs, Fair Employment Practices (Washington D.C.GPO)

You can obtain additional information about Equal Employment Opportunity Laws provided by the U.S. Department Of Labor online.

ADDITIONAL INFORMATION ONLINE

Please watch these excellent videos professionally narrated and produced by Michael Zigarelli and Messiah College:

•	An Introduction Of Employment Law - Part 1 By M. Zigarelli And M. College.
•	An Introduction Of Employment Law - Part 2 By M. Zigarelli And M College.
•	An Introduction Of Employment Law - Part 3 By M. Zigarelli And M. College.
•	An Introduction Of Employment Law - Part 4 By M. Zigarelli And M College.
•	An Introduction Of Employment Law - Part 5 By M. Zigarelli And M. College.

6. GENERAL GUIDELINES ISSUED BY EEOC

GENERAL GUIDELINES ISSUED BY EEOC

The EEOC has issued a number of guidelines designed to ensure compliance with Equal Employment Opportunity laws.

EEOC Guidelines relate to issues such as equal pay, discrimination on the basis of national origin, religion, race, age, sex, or pregnancy, Affirmative Action Programs, and employee selection procedure.

EXCERPTS FROM GENERAL GUIDELINES ISSUED BY EEOC

1.	Age. Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
2.	Disability. Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
3.	Equal Pay/Compensation. The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work.
4.	Genetic Information. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009.
5.	Harassment. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
6.	National Origin. National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).
7.	Pregnancy. Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
8.	Race/Color. Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).
9.	Religion. Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.
10.	Retaliation. All of the laws we enforce make it illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).
11.	Sex. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.
12.	Sexual Harassment. It is unlawful to harass a person (an applicant or employee) because of that person’s sex.

Source: The U.S. Equal Employment Opportunity Commission website at www.eeoc.gov .

ADDITIONAL INFORMATION ONLINE

•	HR EEOC Tour By Evan Byrd.
•	New EEOC Guidelines For Felons 2012.
•	Unequal Opportunity. Fire Without Cause By Leah Hollis, Patricia Berkly.
•	The ADA Amendment Act Of 2008 And The EEOC By C. Kozinski And J. Jones.
•	Understanding The EEOC's New Criminal Records Guidelines By Nelp And CLS.

7. THE AFFIRMATIVE ACTION PROGRAM

THE AFFIRMATIVE ACTION PROGRAM

The Affirmative Action Program (AAP) represents an advanced stage of the Equal Employment Opportunity concept and is designed to ensure equal employment opportunity for all applicants and employees.

The Affirmative Action Program requires that an employer make a special effort to hire and to promote qualified persons who are part of the protected group. This program includes several actions designed to eliminate existing effects of past discrimination in recruiting, hiring, compensating, and promoting employees.

EEOC guidelines regarding Affirmative Action suggest that an employer should take the eight steps outlined below. (3)

THE AFFIRMATIVE ACTION PROGRAM

Step 1: Formulate An Equal Employment Opportunity Policy.

Formulate an Equal Employment Opportunity Policy, indicate that your company is an Equal Employment Opportunity Employer, and issue a written statement outlining your company's commitment to Affirmative Action.

Step 2: Appoint A Manager Responsible For The Affirmative Action Program.

Select and appoint one of your senior managers to be responsible for the implementation of the Affirmative Action Program within your company

Step 3: Commit Your Company To Policy Implementation.

Publicize your company's commitment to the Equal Employment Policy and Affirmative Action implementation among all employees.

Step 4: Complete A Survey.

Complete a survey summarizing all relevant details, including the number of minority and female employees per department, and job classification to determine locations where Affirmative Action Programs are especially desirable.

Step 5: Develop Affirmative Action Program Goals.

Develop specific goals and timetables to improve utilization of minorities, males and females in each area where underutilization has been identified.

Step 6: Develop Implementation Program.

Develop and implement specific tasks to achieve the Affirmative Action Program objectives. Various elements of the human resources management including recruitment, selection, promotion, compensation, assessment and discipline of employees, should be reviewed

Step 7: Establish A Reporting System.

Establish an internal control and reporting system to monitor and to evaluate the progress of each aspect of the Affirmative Action Program.

Step 8: Support The Affirmative Action.

Ensure that the Affirmative Action Program is supported by management throughout your company.

Source: U.S. Equal Employment Opportunity Commission, Affirmative Action and Equal Employment, (Washington D.C. GPO)

You can obtain additional information about the Affirmative Action Program provided online.

• Department Of Commerce - Office Of Civil Rights
• American Association For The Affirmative Action

ADDITIONAL INFORMATION ONLINE

•	Racism And Affirmative Action By Destination Casa Blanka.
•	Contentious Legacy Of Affirmative Action By Promethean Society.
•	How To Construct An Affirmative Action Plan By Stephanie Thomas.
•	Affirmative Action: The Problem Or The Solution By Gary A. Ramsay.
•	Affirmative Action "Creates Racial Injustice" By G. Washington And H Cooper.

8. THE ANTI-HARASSMENT POLICY STATEMENT

THE ANTI-HARASSMENT POLICY STATEMENT

There are a number of important issues, which relate to the Equal Employment Opportunity concept, that should be addressed by any organization. One such issue relates to the prevention of possible harassment of various individuals and groups by other individuals within a company.

It is essential that you and your management team formulate the Anti-Harassment Policy Statement and implement it within your organization to protect it from any possible charges related to the prohibited behavior, such as sexual, racial, religious, or any other types of discrimination.

There are several laws passed by the federal government which specifically relate to harassment issues. It is important to note, however, that some states passed laws that are more stringent than those of the federal government, relating to:

• Who is covered (employers with fewer than 15 employees).
• What is protected (sexual preference, marital status, and other).

The Anti-Harassment Policy Statement should also include a number of supporting documents outlined below.

Note:

You are advised to seek legal counsel and advice from appropriate state agencies regarding the Anti-Harassment Policy and all related issues.

ELEMENTS OF THE ANTI-HARASSMENT POLICY STATEMENT

1.	Statement of prohibited conduct by employees.
2.	Schedule of penalties for misconduct.
3.	Procedures for making, investigating, and resolving harassment retaliation complaints.
4.	Procedures and rules for education and training of employees.

ADDITIONAL INFORMATION ONLINE

• 5 Common Employee Complaints By Angela Huffmon.
• What To Document: Managing Employees By HBA Berks.
• Sexual Harassment Training Video – Part 1 By Mr. Wolfie 88.
• Sexual Harassment Training Video – Part 2 By Mr. Wolfie 88.
• Employer’s Prompt Response To Harassment Complaint Prevails By John Sarnow.

9. FOR SERIOUS BUSINESS OWNERS ONLY

ARE YOU SERIOUS ABOUT YOUR BUSINESS TODAY?

Reprinted with permission.

10. THE LATEST INFORMATION ONLINE

LESSON FOR TODAY:
Equal Employment Is A Unique American Opportunity!