Equal Employment Opportunity Commission
2/21/2015
Providing a place of employment has lead to numerous benefits for employers and employees. When having a diversity of people working for a company, different types of personalities intermingle with each other on a day – to – day basis. Even though having a diverse group of people coexist in the workforce can serve a huge benefit to the company, it can also lead to problems amongst coworkers. In order to make sure everyone is treated fairly, the Equal Employment Opportunity Commission (EEOC) was created to enforce federal regulations for equality in the workforce (smallbusiness). The EEOC pursues complaints about hiring or firing based off of certain factors such as, race, religion, age,
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In addition to, the supervisor may have not been fully aware of what is and what is not appropriate in the workforce. To avoid all of this confusion, during the on boarding process, all new employees should sit in on either a lecture or video informing them what is and what is not sexual harassment and how to handle the situation. A recommendation for the owner with regards to preparing a response to the EEOC is to inform them that mediation will be taken place first. To prevent any court fees and legal fees see if the situation can be resolved verbally as well educating all employees on their rights. Even if the employee is an immigrant with a work visa, the law protecting US citizens still applies to them.
Work Cited:
Employment Rights of Immigrants Under Federal Anti-Discrimination Laws. (n.d.). Retrieved February 22, 2015, from http://www.eeoc.gov/eeoc/publications/immigrants-facts.cfm
Sexual Harassment. (n.d.). Retrieved February 22, 2015, from http://www.eeoc.gov/laws/types/sexual_harassment.cfm
The Charge Handling Process. (n.d.). Retrieved February 22, 2015, from http://www.eeoc.gov/employers/process.cfm
The Importance of the EEOC. (n.d.). Retrieved February 22, 2015, from http://smallbusiness.chron.com/importance-eeoc-63678.html
Title VII of the Civil Rights Act of 1964. (n.d.). Retrieved February 22, 2015, from
EEOC’s role in this case was to file lawsuit against the employer (Exel) on behalf of the
Civil Rights Act 1964. Title VII § 7, 42 U.S.C. § 2000e et seq (1964).
The equal employment opportunity commission was formed on July 2, 1965. The United States EEOC is a federal agency that administers and enforces civil rights laws against works place discrimination. President John. F. Kennedy's Executive Order used equal opportunity for the first time in 1961 by instructing federal constructors to make sure that applicants are treated equally without regard to race, color, religion, sex, or national origin. When the equal employment opportunity was first created by the Civil Rights Act, it was only given limited power to punish the employers that did not adhere to this rule. That all changed in 1972 the congress gave the EEOC the authority to sue the employers. The way that employers are treated at work should
The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with the enforcement of Title VII of the Civil Rights Act of 1964,1 the Americans with Disabilities Act,2 and the Age Discrimination in Employment Act.3 Five commissioners appointed by the President and confirmed by the Senate govern the EEOC. Each commissioner serves a five-year term, and no more than three commissioners can be from the same political party.4
As EEOC as an organization, has the authority to investigate charges of discrimination against the previously described employers who are covered by the law. The role the EEOC plays is to fairly and accurately evaluate the accusations made by the employee and come to a conclusion. If it is confirmed that discrimination has occurred, their job is to settle the charge in the appropriate manner. If there is not sufficient evidence then it is their responsibility to file a lawsuit to protect the rights of the employee filing the complaint and protect the interests of the public. Lawsuits are not always
The major task of the EEOC is to identify and to eliminate unfair and discriminatory hiring practices, whether they are intentional or not. The EEOC monitors hiring patterns involving minority and female applicants, gender-specific hiring practices are not protected under the Act, if the employer can show that a particular hiring practice is needed to operate the business in a safe and efficient manner, which is known as a bona fide occupational qualification, or also known, BFOQ (Doerner, W. G. (2012) , the task can be a valid BFOQ in one jurisdiction, but in another location, it could be an invalid BFOQ. The key is make sure the job standards match the duties incumbents are expected to undertake. Even though the 1964 Civil Rights Act did not properly define what the term, discrimination was, the Supreme Court decision in the case of Griggs v. Duke Power Company in the year 1971, made the omission quite clear. In the defining terms of discrimination, if the employment restriction were related directly to job performance, it would be valid selection criterion, but if the requirement did not reflect how employees performed job tasks, then that practice was
The EEOC, Equal Employment Opportunity Commission, made a final ruling to amend the Affirmative Action for individuals with disabilities on the federal employment level, to be completed by agencies as of January 3, 2018. Affirmative Action are policies and programs within agencies that required by federal statues and regulations set to remedy discrimination practices in the hiring of minority group members. The Rehabilitation Act of 1973 required affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. The EEOC issued a final rule to amend the regulations for individuals with disabilities.
Racial discrimination continues to be a prominent problem in today’s society. It has been prohibited federally since the Civil Rights Act of 1964 (title VII). Despite being a law for over 50 years, major companies continue to have issues with racial discrimination. In fact, the most common type of discrimination employees report to the Equal Employment Opportunity Commission (EEOC) is racial discrimination. The U.S. EEOC enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. Racial discrimination practices that are prohibited include hiring/firing, compensations, classifications, promotions, layoffs, recruitment, training/apprenticeship programs, and leave decided based on race. Federal Laws Prohibiting Job Discrimination (EEOC).
The equal employment opportunity legislation, especially Title VII, Civil Rights Acts, were necessary actions to desegregate our country. Without them it would have taken years longer to integrate the American workforce. Today I think equal employment opportunity laws are taken for granted. Some people use them to benefit themselves instead for the greater use of mankind. I work for Outback Steakhouse for 12 years from a busser to FOH manager. After being promoted from kitchen manager to FOH manager in 2009 Outback Steakhouse was hit with a suit for being sex bias against women. To show improvement they encourage female employees to join management. I witness females getting promoted to positions in months that took me years. To top
Sexual harassment in the workplace has become more common in today’s society and both men and women can be victims of sexual harassment in the workplace. “A study conducted showed that out of 20,000 employees surveyed, 42 percent of women and 15 percent of men responded that they had experienced some form of sexual harassment in the workplace” (York, 1989, p. 831). Also, most employee’s do not say anything about the harassment because he/ she feels ashamed or feels that the upper management will not believe his/ her story of the harassment, so many victims stay quiet until he/ she has had enough. Another reason why employees do not come forward when sexual harassment has occurred is because the employee is scared about how the employer will retaliate to his/ her harassment complaint. The EEOC has implemented several laws to protect the employees from discrimination, but these laws also protect the employees from retaliation. Retaliation can occur when an employer punishes an employee from participating in legally protected activity (Miles, Fleming, & McKinney, 2010). It is important to note some important cases in which involved sexual harassment and retaliation and how the ruling
The Equal Employment Opportunity Commission (EEOC) was established shortly after the passage of the Civil Rights Acts of 1964 by the US federal agency empowered by Congress. The EEOC is to enforce the laws prohibiting discrimination in the workplace. The EEOC was giving the right to oversee the practices of private and government employers to combat discrimination ("What Is The Equal Employment Opportunity Commission (eeoc)?”, 2012). The EEOC wins cases based on sexual harassment, discrimination, racial profiling, and other employment cases daily. However, on October 16, 2012 the EEOC won a rare partial judgment ruling in racial harassment.
The HR Manager has two key obligations due to sexual harassment; compensating Mary for sexual harassment and taking reasonable care to ensure people like Bob do not harass employees in any manner in the future. It will be very difficult for the HR manager to believe Mary but he has to take her words seriously and initiate the investigation. Before filing Mary’s complaint, it is necessary that the HR manager informs all employees about the organization’s sexual harassment policy. The manager can now appoint internal investigations committee to undertake the investigations on Mary’s case. The manager also needs to enforce the purported organization’s policy to punish the perpetrators. The report brought by Mary should be recorded in writing. Recording such issues in writing not only store the evidence that Bob committed the harassment but also reveals any complaints pattern about any
The laws that exist today regarding equal employment are used to protect individuals from discriminatory acts from their employers or co-workers on the job. The two theories that mostly affect business decisions are the disparate treatment and disparate impact. These two theories allows individuals to file claims against employers for discrimination based on race, color, religion, sex, age, equal pay, disabilities, national origin and so forth. To oversee these theories of practice, the EEOC was put into place, making sure that businesses understood the underlying principles of the law regarding discriminatory practices and enforced the law where it was necessary. However, no law is met without fear and
This act is much like the ADA, the only difference is that the Rehabilitation Act is that it focuses on the federal government. “The Rehabilitation Act of 1973 was the first “rights” legislation to prohibit discrimination against people with disabilities. However, this law applied to programs conducted by Federal agencies, those receiving federal funds, such as colleges participating in federal student loan programs, Federal employment, and employment practices of businesses with federal contracts” (The Rehabilitation Act of 1973, 2011). Section 501 demands affirmative action and bans discrimination in employment by Federal agencies. Section 505 includes steps managing solutions and attorney's expenditures under Section 501 (The Rehabilitation Act of 1973, 2011).
As with our student population, we at the Northwestern Academy believe our teachers and faculty should be as talented as possible. This is the reason that qualifications are the primary consideration when considering potential applicants for our faculty. Race, religion, sex and gender will not be factors in who is hired. However, diversity not only brings advantages in terms of educational benefits, but it also can spur a sense of creativity in the minds of our students and faculty. Because of this, we will provide clear information to our all of our candidates over a broad range of mediums to find many different types of candidates. Even though a portion of our professors come from Northwestern University, some will come from outside of the Northwestern system, and we require these candidates to be just as qualified as the ones that come from within the Northwestern system.