Equal Employment Opportunity Concepts

1. Equal Employment Opportunity Concepts • Discrimination is the unfair treatment of a person or group of them on the basis of prejudice Discrimination laws range from racial basis to appearance. • The Equal Employment Opportunity Commission (EEOC) – is the federal agency responsible for enforcing federal antidiscrimination laws.

2. EEOC Key Requirements • The EEOC’s three key requirements: • Post federal and state Equal Employment Opportunity notices. • Depending on the size of a workforce, an employer may be required to file form EEO-1 stating the company’s demographics. • Keep on file copies of all documents that may become relevant in a discrimination suit.

3. Major Equal Employment Laws • The Age Discrimination in Employment Act (ADEA) – This law prohibits discrimination against employees who are age 40 or older. It applies to all private sector employers with 20 or more people who work 20 or more weeks per year. • American Competitiveness in the 21st Century Act – It allows individuals whose employers are trying to get them an extension on their visas to stay in the U.S. until a decision is made on their visa.

4. Major Equal Employment Laws • Americans with Disabilities Act (ADA) – This law applies to all private sector employers with 15 or more employees and requires employers to provide reasonable accommodation to individuals with physical or mental disabilities. • Consolidated Omnibus Reconciliation Act – (COBRA) – It provides certain former employees, their spouses and children, the right to the temporary continuation of health coverage at group rates. • Equal Pay Act – This law prohibits employers from pay discrepancies between men and women who are assigned to perform the same job.

5. Major Equal Employment Laws • Family and Medical Leave Act (FMLA) – This law gives qualified employees the right to unpaid leave for specified family or health-related reasons without the fear of losing their jobs. Eligible employees may take up to 12 weeks of unpaid leave. • Fair Labor Standards Act (FLSA) – This law establishes the minimum wage, requires overtime for certain employees, provides restrictions on the employment of children, and requires record keeping.

6. Major Equal Employment Laws • Federal Unemployment Tax Act (FUTA) – This law stipulates that employers must contribute to a government tax program that offers temporary benefits to employees who have lost their jobs. • Health Insurance Portability & Accountability Act (HIPPA) – This law establishes guidelines for protecting the personal and private information of individuals. • Immigration Reform and Control Act (IRCA) – This law bans employers from hiring illegal aliens and establishes penalties for such behavior.

7. Major Equal Employment Laws • Older Workers Benefit Protection Act (OWBA) – This law applies to all private-sector employers with 20 or more people who work 20 or more weeks per year and prohibits age-based discrimination in early retirement and other benefit plans for employees who are age 40 or older. • Patriot Act – This law expands the federal government’s ability to conduct surveillance activities.

8. Major Equal Employment Laws • Pregnancy Discrimination Act – This law requires employers to regard pregnancy as a “medical condition” and not to exclude pregnant employees from same benefits and medical leave policies. • Rehabilitation Act (1973 & 1998) – This law protects disabled persons from discrimination. It also requires federal agencies to make their electronic information available to persons with disabilities.

9. Major Equal Employment Laws • Sarbanes-Oxley Act – This law requires publicly held companies to be more straightforward in reporting their financial results and how they were calculated. • Title VII of the Civil Rights Act – This law prohibits any employment and other practices that discriminate against people on the basis of race, sex, color, religion or national origin. • Worker Adjustment and Retraining Notification Act (WARN) – This law requires employers to provide 60 days notice of mass layoffs or plant closings.

10. Complying with EEOC Regulations • The best way to fight discrimination is to take a proactive approach to communicating regulatory information to employees. • The EEOC provides information and solutions to individuals and companies to solve problems before they escalate. • According to the EEOC, employees filed more than 75,000 cases of discrimination in 2005. • After a complaint is filed, there is a sequence of steps that is followed.

11. Steps in an EEOC Complaint • The EEOC receives the charges. • The EEOC notifies the employer of the charges and requests information about the allegations, including a statement of the company’s position. • The parties try to hash it out. A human resources professional from the company talks with both the person who filed the charge and an EEOC staff member. • If the parties are unable to reach an agreement, then an investigation is conducted by the EEOC. • The EEOC then makes a determination, and if they find reasonable cause that an employer may have discriminated, they will be asked to enter a conciliation process. If this sues, then they will issue a right to sue notice.

12. Legal Matters • It is important to carefully review all laws for several reasons: • Daily changes – Every day new federal and state laws are passed. • Vague definitions – Many laws and definitions are unclear and are subject to interpretation. • Inconsistency – Laws and regulations are adopted by the federal government and are often passed without consulting with other jurisdictions.

13. Disparate Impact • The laws against discrimination extend not only to intentional acts, but may also cover actions that are not intended to discriminate but have the effect of doing so, this is known as disparate impact. • An employer must demonstrate that the requirement is a bona fide occupational qualification (BFOQ) for the job. Then an employer will not be guilty of discrimination.

14. Sexual Harassment • The EEOC defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” • The law lists three situations in which these unwelcome advances rise to the legal definition of harassment.

15. Situations = harassment In each of these situations, unwelcome advances rise to the legal definition of sexual harassment: • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment. • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals. • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance.

16. Sexual Harassment Policies • Every company is responsible for promoting and informing employees of their sexual harassment policy. • It is important that employees undergo training and understand company policies. • A company should: • Create a process for reporting complaints. • Treat all complaints seriously. • Take decisive action to protect employees. • All complaints should be documented.

17. Class, what could be some of the effects of being discriminated against because of race, sex, or age?

18. Class, what could be some of the effects of being discriminated against because of race, sex, or age? • Everyone, psychological effects could be shock, anger, frustration, depression, or a sense of hopelessness. Monetary effects could be reduced benefits or lower salary due to missed promotion opportunities. Discrimination could also bring about retaliation from the employee through reduced effort on the job or sabotage.

19. Class, what is sexual harassment?

20. Class, what is sexual harassment? • Everyone, sexual harassment is harassment on the basis of sex that has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment.

21. What can managers do to minimize their chance of litigation and being found negligent with regard to sexual harassment?

22. The courts are particularly concerned with (1) the preventive measures that are evident within a company’s policies and procedures and (2) whether the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior. • Therefore, it is critical that organizations update and strengthen their anti-harassment policies to include the following components: (a) Specific definitions and prohibition of sexual harassment; (b) Strong prohibitions of retaliation for reporting allegations of harassment; (c) Multiple channels for making complaints; (d) Assurances of prompt investigations and appropriate remedial actions; and (e) Provisions for confidentiality and privacy.

23. Why should managers be concerned with understanding human resource law instead of leaving it to the experts?

24. Class, a firm's HR department has considerable responsibilities with respect to human resource law. However, if managers make poor decisions, the HR department will not always be able to resolve the situation. The manager's job is to prevent the damage from happening in the first place. Thus, understanding and complying with HR law helps the manager to do the right thing, realize the limitations of the HR and legal departments, and minimize potential liability.

25. Everyone, this will be our last question for tonight’s seminar. As an HR professional, how might you apply this information in the workplace?

26. Class , although many organizations have human resource departments, non-HR managers must be familiar with the basics of HRM and their own role with regard to managing human resources. Supervisors typically have responsibilities related to all HR functions. Supervisors help analyze work, interview job candidates, participate in selection decisions, provide training, conduct performance appraisals, and recommend pay increases. On a day-by-day basis, supervisors represent the company to their employees, so they also play an important role in employee relations.