LP-3 Equal Employment Opportunity (EEO)

1. LP-3Equal Employment Opportunity (EEO) • Ch-2 & 3 • Definition • Historical Survey • International perspective • National perspective • EEO Laws • EEO in Pakistan • Implementing EEO • Opportunities within and outside Pakistan

2. Learning Objectives • Understand EEO • Develop understanding for the laws and conventions governing EEO • Understand role of employer • Be introduced to various terms and conditions of EEO • Familiarization with EEO in Pakistan

3. EEO--- DEFINITION • All Men and Woman are equal before the Law except --------------------------------------. • While seeking jobs there should be total absence of all types of discriminations, i.e., religion, race, sex, national origin or age.

4. HISTORICAL SURVEY --- EMERGENCE OF EEO • 1787 ------ Article VI, U.S. Constitution prohibits religious discrimination. • 1864 ------ 13th and 14th Amendments prohibited slavery and provided equal protection to all US Citizens. • 1866 to 1871 -- Civil Rights Acts further defined protection embodied in the Constitution: the right to make and enforce contracts, the right to sue for damages, the right to be a party to litigation, the right of males to vote. • 1883 ------ Civil Service Act substituted merit for politics thereby abolishing the "spoils system". • 1938 ----- Fair Labor Standards Act covered minimum wages, overtime compensation, child labor, and other provisions of employment but did not cover Federal employees as enacted. • 1940 ----- Executive Order issued by President Roosevelt stated the principle that public employment including Federal Service could not be denied for reason of race, creed or color. • 1948 ----- Executive Order issued by President Truman established the Fair Employment Board within the Civil Service Commission.

5. FACTORS LEADING TO THE CONCEPT OF EEO • Ending of slavery in USA and elsewhere • Loss of manpower during WW-I & II • Industrialization requiring large and trained manpower • Desire on part of women folk to be independent and empowered • Work environments and conditions becoming less arduous • Education • Economic and political Empowerment • Liberalization of social values

6. EEO--- INTERNATIONAL PERSPECTIVE • US and Western outlook • Russia and Eastern Europe • East Asia (China, Japan, ASEAN etc) • Africa and Asia --- Economic burden being shared by women • Middle East --- Religious outlook

7. Female Participation as Labour Force by age On the Labour Force Participation of Women, Pakistan ranked 121st among 128 countries.

8. EEO--- PAKISTANI PERSPECTIVE • EEO in Pakistan • Factors affecting EEO • Social Taboos • Religious Constraints • Muslim Family Laws • Women Rights Movement • Islamic Sharia Court • Hadood Ordinance • Women Protection Bill • Labour Policies

9. EEO LAWS • Enforcement of Laws prohibiting any and all types of discrimination • For USA, please refer to table 2.2 on page 31 of your text book

10. CIVL RIGHTS ACTs • 1964 • Title VII prohibits discrimination in hiring, compensation, terms, conditions, or privileges of employment based on race, religion, colour, sex, or national origin. • 1991: • Provides monetary damages in cases of intentional employment discrimination • Provides for back pay and attorney fees, limited compensatory and punitive damages for intentional discrimination. • Compensation through Jury.

11. EQUAL PAY ACT - 1963 • The EPA is the first national civil rights legislation focusing on employment discrimination. • It protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

12. EEO ACT -1972 • IN 1972, THE US GOVT ENACTED A LAW UNDER WHICH IT GRANTED POWERS TO THE EQUAL EMPLOMENT OPPORTUNITY COMMISSION TO ENSURE THAT THE ACT OF 1964 IS IMPLEMENTED IN LETTER AND SPIRIT BY ALL ORGANS OF THE SOCIETY. • IT HAD ALMOST 25 AMENDMENTS.

13. AGE DISCRIMINATION ACT-1986 • It protects individuals who are 40 years of age or older; • Removed barriers to age entry / exit • Retiring age 65 abolished altogether • US Supreme Court Judges may serve up to the age of 75 or even beyond provided they are mentally and physically fit to do the job

14. DISABILITIES ACT - 1990 • Title I and Title V of the Americans with Disabilities • It prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in State and Local governments; • Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities who work in the Federal government and elsewhere. • Refer to Table 2.1 on page 26 of your text book for measures to facilitate movement of disabled employees – a social responsibility.

15. FAMILY AND MEDICAL LEAVE ACT 1993 • In US Employees can avail up to twelve weeks of unpaid leave each year to care for family members, or for their own due medical reasons. • Pregnancy Discrimination Act of 1978 states that discrimination based on pregnancy is unlawful sex discrimination.

16. GENETIC INFORMATION • President Bill Clinton signs Executive Order prohibiting federal departments and agencies from making employment decisions based on protected genetic information. • In issuing the first Executive Order of the 21st Century, the President states that he hoped the action would "set an example and pose a challenge for every employer in America" to adopt a policy not to discriminate on the basis of protected genetic information "because . . . no employer should ever review your genetic records along with your resume."

17. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) • It enforces all laws pertaining to EEO. • EEOC provides oversight and coordination of all Federal EEO regulations, practices, and policies. • The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. • 1972 ---- Enforcement of EEO --- Act amended the Civil Rights Act of 1964 to include federal, state and local governments.

18. AFFIRMATIVE ACTION It is an effort to undo the unfair practices of the past in the organizations and to provide level playing field to the women. • 1955 --- Executive Order by President Eisenhower, directed that equal opportunity be afforded to all persons, consistent with the law, for employment in the Federal Government. • 1971 --- US Supreme Court decision established several key legal principles. The effect of the employment practice and not the intent is the key to a Title VII violation. Even though a selection procedure may be neutral in intent, if the employment practice has a disproportionate adverse impact on protected classes, then the practice must be justified by business necessity.

19. IN JUNE 1941 • On the eve of World War II, President Franklin D. Roosevelt signs Executive Order prohibiting government contractors from engaging in employment discrimination based on race, color or national origin. • The Executive Order applies to all defense contractors, but contains no enforcement authority. • It was to ensure that there were no strikes or demonstrations disrupting the manufacture of military supplies as the country prepares for War.

20. EEO IN US ARMED FORCES • In July 1948, President Harry Truman orders the desegregation of the Armed Forces. • The order requires that there be "equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin." • America's fighting forces were actually integrated only when the Korean War begins in 1952.

21. DETERMINATION TO END JOB DISCRIMINATION ONCE AND FOR ALL. • In March 1961, President John Kennedy signs Executive Order prohibiting federal government contractors from discriminating on account of race and establishing the President's Committee on Equal Employment Opportunity. • Departing from previous presidential directives, this Order grants the Committee, initially chaired by Vice President Lyndon B. Johnson, authority to impose sanctions for violations of the Executive Order. • President Kennedy states this enforcement authority signals a new "determination to end job discrimination once and for all."

22. Break

23. EEO IN PAKISTANalso refer to the article by Jawad Syed available with CR

24. Ratification of UN / ILO Conventions • ILO Underground Work (Women) Convention,1935 ratified on 25/3/1938) • ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) (ratified on 14/2/1951) • ILO Night Work (Women) Revised) Convention, 1948; and Protocol, 1990 (No. 89) (ratified on 14/2/1951) • ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98) (ratified on 26/5/1952) • UN Convention on the Political Rights of Women, 1953 (ratified on 7/12/1954) • ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ratified on 24/1/1961) • ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) (ratified on 25/10/1994) • UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (ratified on 12/3/1996) • ILO Equal Remuneration Convention, 1951 (No. 100) (ratified on 11/10/2001)

25. ROLE OF WOMEN IN PAKISTAN • Women as an informal Worker • Domestic Life • Participation in Agriculture • Participation in cottage industry • Urbanized Women • Employment Opportunities • Civil & Military • Politics --- National, Provincial and District levels (33% reserved seats in the local councils ) • Banks and Services • Entrepreneurs • Kitchen Care

26. WOMEN IN PAKISTAN • Political Empowerment of Women • it ranks at 43rd among 128 countries • Labour Force Participation of Women • It ranks 121st among 128 countries. • Global Gender Gap • Pakistan occupies the 126th position among 128 countries

27. CONSTITUTIONAL GUARANTEES • Art – 25. Declares that all citizens are equal before the law and entitled to the equal protection of the law and prohibits discrimination on the basis of sex alone. The law allows for the State to make special provision for the protection of women and children. • Art- 27. Bans discrimination on the basis of sex in appointment in “the service in Pakistan”, provided that the performance and functions of the job can be carried out by, and is deemed suitable for, both sexes.

28. Art – 32. Requires local Government to give special representation to, inter alia, women. • Art – 34. Provides that “steps shall be taken to ensure full participation of women in all spheres of national life”. • Art– 37. Requires the State to make provision for securing: • just and humane conditions of work; • maternity benefits for working mothers, and; • that women and children are not be employed in jobs unsuitable to their age or sex. • Art – 38. Commits the State to secure the well-being of the people, irrespective of, inter alia, their sex by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.

29. EMPLOYMENT DISCRIMINATION IMPLEMENTING EEO IN PAKISTAN • Quota system • Religion • Ethnicity • HIV+ status • Gender bias

30. ORG WORKING FOR WOMEN RIGHTS • Ministry of Women Development, Social Welfare and Special Education • Ministry of Labour, Manpower and Overseas Pakistanis • National Training Bureau • Dozens of NGOs • Almost all Ministries and Deptts of Federal and Provincial Govts

31. National Policy for Development and Empowerment of Women

32. AIMS AND OBJECTIVES • To remove inequities and imbalances in all sectors of socio-economic development • To ensure women's: • Equal access to all development benefits and social services. • The participation as equal partners in national development and decision-making processes • Full participation in all political processes • To safeguard and ensure the protection of women's human rights • To provide women and girls access to quality health care services and all other pre-requisites to enjoying full health, including reproductive and mental health. • To provide equality of opportunity and to create space for women to realize their full potential. • To expeditiously and substantially enhance women's literacy rates • To reduce the gender gap, and to reorient existing curricula by making them gender sensitive.

33. ECONOMIC UPLIFT • To ensure the access of poor rural women to land, agricultural and livestock extension services and support mechanisms and facilities • Providing women easy access to micro-credit, especially through the Pakistan Poverty Alleviation Fund (PPAF), Rural Support Programmes (RSPs), First Women Bank (FWB), Agricultural Development Bank (ADB) and the Khushali Bank. • Women, particularly in general and female headed households, women bread earners, and women with disability, are to have priority in accessing credit on soft terms from FWB and the Khushali Banks and other financial institutions for setting up their business, for buying properties, and for house building.

34. NATIONAL PLAN OF ACTIONBeijing Platform - August 1998 • Doing away with the poverty of women • Settle issues regarding the girl-child • Health of woman and baby • Ensuring Education for women • Prosecution of violence against women • Undertaking measures for the economic, political and social empowerment of women.

35. Labour Welfare Package For (Women) Workers • Equal remuneration for men and women for work of equal value through appropriate legislation. • Enhancement of maternity benefits for female mine workers. • Safeguards against sexual harassment through appropriate actions. • Recruitment of female labour inspectors for enforcement of labour laws on female workers. • Extension of coverage of laws to agriculture and other informal sectors of economy.

36. MEASURES TO PROMOTE GENDER EQUALITY • Equal remuneration for men and women for work of equal value through appropriate legislation. • Enhancement of maternity benefits for female mine workers. • Safeguards against sexual harassment through appropriate action. • Recruitment of female labour inspectors for enforcement of labour law for female workers.

37. NATIONAL TRAINING BUREAU • The National Training Bureau launched a Women's Training Component that involved establishing a number of Women Technical Training Centers which also offered courses in occupations considered less traditional for women, such as radio and television, household appliances technicians, electrical trades, draughtsman and architecture.

38. MANAGEMENT TOOLS IN PROMOTING THE EEO PROGRAM • Make hiring decisions based on qualifications, experience, and merit. • Act decisively on allegations of discrimination in the workplace. • Assist persons with disabilities by eliminating barriers in the workplace and making reasonable accommodation. • Maintain an environment in which employees are aware you are interested in resolving problems at the lowest level. • Be alert to employment patterns. • Investigate reasons for adverse patterns. • Visibly support special emphasis programs for minorities. • Attend EEO committee meetings, training, and observances. • Provide Annual EEO Accomplishments to the EEO Office for Annual Affirmative Employment Plan updates. • Keep abreast of complaints in your organization. • Provide career advancement opportunities by establishing developing programs for all employees.

39. WOMEN DAY --- 7 MARCH MOTHERS DAY --- 11 MAYNURSE DAY ---- 12 MAY

40. CERTAIN DIFFICULTIES WITH WOMEN WORKERS • Glass Ceiling. An invisible barrier that blocks female and minorities from ascending into levels of an organization. • Harassment at place of work. Very common in the industrialized and developing countries including Japan and Korea. Taking roots / germinating in Pakistan as well. • Biased Attitude. Acutely prevalent in Eastern culture. • Less pay – More Work. Women are considered as inferior to men (A taboo).

41. OPPORTUNITIES FOR EEO • Sky is the limit ---------------------------- • Social taboos are being weeded out • Religious constraints are being lifted • Women stands emancipated in the Muslim world today • Women are being seen as partners and not rivals • Women are being seen as equals and not as junior partner

42. Thank You but • Self Study • Article provided to CR • Article “On the Job” given in your text book on pages 60-62 • For next session • Quiz • Assignment page 40 incident 2.2. Relate the situation to Pakistani environment and make an attempt to answer the questions given at the end. It should be handwritten.