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Equal Employment Opportunity Commission. Presented by Rick Fedderson BA 638 Bellevue University. Agenda. EEOC - in Action Equal Opportunity Legislation Who? How Many? Thou shall not discriminate The process Questions References. EEOC in Action. Headquartered in Washington, D.C.
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Equal Employment Opportunity Commission Presented by Rick Fedderson BA 638 Bellevue University
Agenda • EEOC - in Action • Equal Opportunity Legislation • Who? How Many? • Thou shall not discriminate • The process • Questions • References
EEOC in Action • Headquartered in Washington, D.C. • 53 field offices throughout the United States • Performs investigations of discrimination • Determines appropriate remedies • Initiates claims in the public interest • Facilitates outreach, education, and technical assistance programs • Provides leadership and guidance to federal agencies on all aspects of Equal Employment Opportunity programs • Hears appeals regarding EEO administrative decision complaints
Equal Opportunity Legislation • Title VIIof the Civil Rights Act of 1964 • Race, Color, Religion, Sex, National Origin • Amended by the Pregnancy Discrimination Act of 1978 • Amended by Sections 102 and 103 of the CRA of 1991 • Permits jury trials and compensatory and punitive damages for intentional discrimination • Equal Pay Act of 1963 • Genders doing similar work under similar conditions • Age Discrimination in Employment Act of 1967 • Individuals over 40 years old • Sections 501 and 505of the Rehabilitation Act of 1973 • Disability: Federal employees • Title I & Vof the Americans with Disabilities Act of 1990 • Disability: Private sector as well as state and local government employees • Genetic Information Nondiscrimination Act of 2008 (GINA) • Genetic test results indicating a family history of disease
Who? How many? • Title VII, CRA ’91, ADA, and GINA - ≥ 15 employees • Private employers, state and local governments, and education institutions, private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. • Most federal agency employees with the exception of those in government corporations, such as the FBI, CIA, and NSA whose principal function of which is the conduct of foreign intelligence or counterintelligence activities. • ADEA - ≥ 20 employees • Private employers, state and local governments (including school districts), employment agencies and labor organizations • EPA – Virtually all employers ≥ 2 employees • Federal Wage and Hour Law (the Fair Labor Standards Act). • Rehabilitation Act – Federal employees • As amended by Sections 501 and 505 which incorporate the requirements of the ADA.
Thou shall not Discriminate • hiring and firing • compensation, assignment, or classification of employees • transfer, promotion, layoff, or recall • job advertisements • recruitment • testing • use of company facilities • training and apprenticeship programs • fringe benefits • pay, retirement plans, and disability leave
The Process • Filing a charge: • Anyone who believes their rights have been violated may report the incident by mail or in person at the nearest EEOC office. They may also call (800) 669-4000 or (800) 669-6820 for hearing impaired. • Dates: • Violations must be reported within 180 days (may be extended to 300 days depending on state and local statutes) • Response • EEOC may work with a local Fair Employment Practices Agency • Initiate mediation • Seek settlement if the charge is valid • Dismiss if the claim is unsubstantiated • Remedies • Back pay, hiring, promotion, reinstatement, front pay, reasonable accommodation, attorney fees, expert witness fees
Questions? • Human Resources • hrcares@our_company.com • (888) 123-4567 • Rick Fedderson • rick.fedderson@our_company.com • (402) 613-0672 • Online Resources: • Employment Nondiscrimination and Equal Opportunity • EEOC Website • Laws Enforced by EEOC • EEOC Laws - FAQ • EEO is the Law Poster
References • http://www.eeoc.gov/ • http://www.eeoc.gov/laws/statutes/index.cfm • http://www.eeoc.gov/facts/qanda.html • http://www1.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf • http://www.eeoc.gov/laws/types/index.cfm