HUMAN RESOURCES MANAGEMENT
CHECK POINT 22: EQUAL EMPLOYMENT OPPORTUNITY LAWS
Please Select Any Topic In Check Point 22 Below And Click. |
|
|
DO I NEED TO KNOW THIS CHECK POINT?
|
|
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 according to the Equal Employment Opportunity laws. One of the most important laws in this regard is Title VII Of The 1964 Civil Right Act. Title VII, as amended by The Equal Employment Opportunity Act Of 1972, specifies elements of an employer's unlawful behavior. This is illustrated below. (1). |
TITLE VII OF THE 1964 CIVIL RIGHTS ACT |
No. |
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 OF THE 1964 CIVIL RIGHTS ACT
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. |
|
|
|
2. ENFORCEMENT OF EQUAL EMPLOYMENT OPPORTUNITY LAWS |
|
|
ENFORCEMENT OF EQUAL EMPLOYMENT OPPORTUNITY LAWS
The enforcement of Equal Employment Opportunity laws is carried out by the Equal Employment Opportunity Commission (EEOC). The main function of the EEOC is to receive, to investigate, and to resolve employment discrimination complaints.
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
You can obtain additional information about the U.S. Equal Employment Opportunity Commission provided by EEOC online. |
|
|
|
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 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 contractors take Affirmative Action to ensure Equal Employment Opportunity. The basic principles of affirmative action will be discussed later. |
|
|
|
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 Programs (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.
These cover all aspects of employment including recruiting, hiring, training, pay, seniority, promotion, and benefits. (2) |
|
|
|
5. EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND AFFIRMATIVE ACTION (AA) LAWS |
|
|
ARE YOU FAMILIAR WITH THE EQUAL EMPLOYMENT OPPORTUNITY LAWS?
To comply with Equal Employment Opportunity Regulations, management must be familiar with appropriate legislation.
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 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 1992 |
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 |
|
|
Extracted from the Bureau of National Affairs, Fair Employment Practices (Washington D.C.GPO) |
ADDITIONAL INFORMATION ONLINE
You can obtain additional information about Equal Employment Opportunity Laws provided by the U.S. Department Of Labor online. |
|
|
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. |
|
|
|
7. THE AFFIRMATIVE ACTION PROGRAM |
|
|
THE AFFIRMATIVE ACTION PROGRAM
The Affirmative Action Program (AAP) represents an advanced stage of the Equal Employment Opportunity concept.
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. |
|
U.S. Equal Employment Opportunity Commission, Affirmative Action and Equal Employment, (Washington D.C. GPO) |
|
ADDITIONAL INFORMATION ONLINE
You can obtain additional information about the Affirmative Action Program provided online.
|
|
|
|
|
|
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 |
No. |
Details |
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. |
|
|
|
|
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! |
|
|