Equal Employment Opportunitychapter 3learning Objectivesidentify The M ✓ Solved

EQUAL EMPLOYMENT OPPORTUNITY CHAPTER 3 LEARNING OBJECTIVES Identify the major government agencies that enforce employment discrimination laws. Outline key provisions in the Civil Rights Acts of 1964 and 1991 and compare the two theories of unlawful employment discrimination. Show how women are affected by pay, job assignments, and career issues. Distinguish between the two types of sexual harassment and explain how employers can prevent such misconduct. List key elements of disability discrimination laws. ‹#› THE NATURE OF EQUAL EMPLOYMENT OPPORTUNITY Employment decisions must be made on the basis of job requirements and worker qualifications.

Unlawful discrimination occurs when employment decisions are made based on protected characteristics. Protected characteristics: Individual attributes such as race, age, sex, disability, or religion that are protected under E E O laws and regulations. Equal employment opportunity (E E O): Employment that is not affected by illegal discrimination. ‹#› THEORIES OF UNLAWFUL DISCRIMINATION Disparate treatment: Individuals with particular characteristics that are not job related are treated differently from others. Overt and intentional Follows a pattern or practice Disparate impact: When an employment practice that does not appear discriminatory adversely affects individuals with a particular characteristic.

Individuals are substantially underrepresented as a result of employment decisions that work to their disadvantage Unintentional because identical criteria are used, but the results can differ for certain groups ‹#› BROAD-BASED DISCRIMINATION LAWS Civil Rights Act of 1964, Title VII States that it is illegal for organizations to discriminate in any way based on a person’s sex, race, national origin, color, and/or religion. Civil Rights Act of 1991 Requires employers to show that an employment practice is job related for the position and is consistent with business necessity. Executive Orders 11246, 11375, and 11478 ‹#› SEX AND GENDER DISCRIMINATION LAWS The Pregnancy Discrimination Act (P D A) Treating maternity leave the same as other personal or medical leaves.

Family and Medical Leave Act (F M L A) Giving up to 12 weeks of unpaid family leave and allowing the individual to return to job. The Equal Pay Act Paying similar wage rates for similar work without regard to gender. ‹#› SEXUAL HARASSMENT (1 OF 2) Quid Pro Quo Sexual harassment that links employment outcomes to the granting of sexual favors. Hostile Environment Sexual harassment occurs when an individual’s work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions. ‹#› SEXUAL HARASSMENT (1 OF 2) Sexual Harassment Causes and Issues Preventing Sexual Harassment ‹#› DISABILITY DISCRIMINATION Rehabilitation Act of 1973 Provided for equal employment opportunity for disabled workers and applicants by federal contractors.

Americans with Disabilities Act (A D A) Applies to private employers, employment agencies, and labor unions with 15 or more employees ‹#› AGE DISCRIMINATION LAWS Age Discrimination in Employment (A D E A) Prohibits discrimination against all individuals age 40 or older employed by an organization having 20 or more workers. Older Workers Benefit Protection Act (O W B P A) Amendment to the A D E A. Protects employees who sign liability waivers for age discrimination in exchange for severance packages. ‹#› IMMIGRATION AND DISCRIMINATION Immigration Reform and Control Act (I R C A) Requires that employers verify the employment eligibility status of all employees without any discrimination.

Requires that each employee must complete an Employment Eligibility. Verification (I-9) form within the first three days of employment E-Verify federal database verifies the employment eligibility of employees. Has broadened visa requirements to accommodate highly skilled employees. ‹#› THE END Questions. Comments. Concerns. Proceed to and complete assignments related Chapter 3. ‹#›

Paper for above instructions

Introduction

Equal Employment Opportunity (EEO) is fundamental to creating a fair and just labor market where individuals are evaluated and employed based on their qualifications and abilities rather than on personal characteristics unrelated to job performance. The legal landscape governing EEO is shaped by various federal and state laws and enforced by government agencies dedicated to ensuring civil rights in the workplace.

Major Government Agencies Enforcing Employment Discrimination Laws

Several key agencies are responsible for the enforcement of employment discrimination laws in the United States:
1. Equal Employment Opportunity Commission (EEOC): This federal agency enforces laws against employment discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information (U.S. Equal Employment Opportunity Commission, 2022).
2. Office of Federal Contract Compliance Programs (OFCCP): This agency ensures that federal contractors and subcontractors comply with EEO laws and regulations (U.S. Department of Labor, 2022).
3. Department of Justice (DOJ): Specifically, the Civil Rights Division of the DOJ addresses discrimination complaints and litigates cases involving federal laws (U.S. Department of Justice, 2022).

Key Provisions of Civil Rights Acts of 1964 and 1991

Civil Rights Act of 1964, Title VII

Title VII of the Civil Rights Act of 1964 is a landmark legislation that prohibits employment discrimination based on race, color, religion, sex, or national origin. Key provisions include:
- Discrimination Prohibition: It is illegal for organizations to discrimination against an individual based on their protected characteristics.
- Scope: Title VII applies to employers with 15 or more employees, including federal, state, and local governments, as well as labor organizations and employment agencies (U.S. Equal Employment Opportunity Commission, 2022).

Civil Rights Act of 1991

The Civil Rights Act of 1991 amended Title VII and established additional protections for employees. Key provisions include:
- Burden of Proof: It shifts the burden of proof in discrimination cases to the employer, requiring them to demonstrate that the challenged practice is job-related and consistent with business necessity.
- Compensatory and Punitive Damages: The Act allows for compensatory and punitive damages in cases of intentional discrimination, thereby strengthening employee rights (U.S. Equal Employment Opportunity Commission, 2022).

Theories of Unlawful Employment Discrimination

Employment discrimination is understood through two theories: disparate treatment and disparate impact.
1. Disparate Treatment: This occurs when an individual with a protected characteristic is treated differently from others. Disparate treatment is often overt and intentional, following a discernible pattern (Bennett-Alexander & Hartman, 2020).
2. Disparate Impact: This theory applies when employment practices that seem neutral disproportionately affect individuals with particular protected characteristics. Unlike disparate treatment, disparate impact may be unintentional but still results in adverse outcomes for certain groups (Bennett-Alexander & Hartman, 2020).

Impact of Gender Discrimination

Pay Disparities

Women continue to face significant pay disparities when compared to their male counterparts. Despite the Equal Pay Act of 1963, which mandates equal pay for equal work, women earn approximately 82% of what men earn (U.S. Census Bureau, 2022). This wage gap is influenced by factors such as job assignments and discrimination in hiring and promotions (U.S. Equal Employment Opportunity Commission, 2022).

Job Assignments and Career Issues

Gender discrimination extends to job assignments and career advancements, where women may be steered toward lower-paying, traditionally female-dominated fields. Additionally, they often encounter barriers when seeking promotions, being frequently underrepresented in leadership positions (Hegewisch & Tesfamichael, 2021).

Sexual Harassment

Sexual harassment in the workplace can occur in two distinct forms:
1. Quid Pro Quo: This form of harassment involves favorable job outcomes being linked to the granting of sexual favors (U.S. Equal Employment Opportunity Commission, 2022).
2. Hostile Environment: This type involves an intimidating or offensive working atmosphere that unreasonably affects an individual's work performance or psychological well-being (Bennett-Alexander & Hartman, 2020).

Prevention Measures

Employers are mandated to adopt proactive measures to prevent sexual harassment, including implementing clear policies, conducting regular training, and establishing reporting procedures (U.S. Equal Employment Opportunity Commission, 2022).

Disability Discrimination Laws

The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 are critical laws that prohibit discrimination against individuals with disabilities. Key elements include:
- Reasonable Accommodations: Employers are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose undue hardship on the business (U.S. Equal Employment Opportunity Commission, 2022).
- Prohibition of Discrimination: The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places (Bennett-Alexander & Hartman, 2020).

Age Discrimination Laws

Age discrimination is addressed primarily through the Age Discrimination in Employment Act (ADEA). Key provisions include:
- Protection for Older Workers: The ADEA prohibits discrimination against individuals aged 40 and older in organizations having 20 or more employees (U.S. Equal Employment Opportunity Commission, 2022).
- Older Workers Benefit Protection Act (OWBPA): This amendment protects older employees who sign waivers for age discrimination claims in exchange for benefits like severance packages (U.S. Equal Employment Opportunity Commission, 2022).

Immigration and Discrimination

The Immigration Reform and Control Act (IRCA) mandates that employers verify the employment eligibility of all employees, ensuring that non-discriminatory practices are followed (U.S. Citizenship and Immigration Services, 2022). Employers need to complete an Employment Eligibility Verification (I-9) form for all employees within the first three days of employment.

Conclusion

Equal Employment Opportunity remains a critical objective for fostering a diverse, inclusive workforce free from discrimination based on protected characteristics. With the enforcement of various laws and regulations, agencies work tirelessly to create a fair labor market, addressing the numerous facets of discrimination faced by employees. Compliance with laws like the Civil Rights Act and ongoing education regarding discrimination and harassment practices are essential to achieving equal opportunity in the workplace.

References

1. Bennett-Alexander, D. D., & Hartman, K. (2020). Employment Law for Business. McGraw Hill Education.
2. Hegewisch, A., & Tesfamichael, B. (2021). The Gender Wage Gap: 2020. Institute for Women’s Policy Research.
3. U.S. Census Bureau. (2022). Income and Poverty in the United States: 2021. Washington, DC: U.S. Government Printing Office.
4. U.S. Citizenship and Immigration Services. (2022). Immigration Reforms and Compliance. Retrieved from https://www.uscis.gov/
5. U.S. Department of Justice. (2022). Civil Rights Division. Retrieved from https://www.justice.gov/crt
6. U.S. Department of Labor. (2022). Office of Federal Contract Compliance Programs. Retrieved from https://www.dol.gov/ofccp/
7. U.S. Equal Employment Opportunity Commission. (2022). Laws Enforced by the EEOC. Retrieved from https://www.eeoc.gov/statutes/laws-enforced-eeoc
8. U.S. Equal Employment Opportunity Commission. (2022). The A-Z of Discrimination. Retrieved from https://www.eeoc.gov
9. U.S. Equal Employment Opportunity Commission. (2022). Sexual Harassment. Retrieved from https://www.eeoc.gov/sexual-harassment
10. U.S. Equal Employment Opportunity Commission. (2022). Disability Discrimination. Retrieved from https://www.eeoc.gov/disability-discrimination