EQUAL EMPLOYMENT EQUAL EMPLOYMENT OPPORTUNITY OPPORTUNITY COMMISSIONCOMMISSION

KEYS FOR SUCCESSKEYS FOR SUCCESS

By Elka NelsonBy Elka Nelson

OPERMGT 345OPERMGT 345

Dr.Tom FosterDr.Tom Foster

May 9, 2002May 9, 2002

AGENDAAGENDA• EEOC HistoryEEOC History• EEOC OverviewEEOC Overview• Brainstorm toolBrainstorm tool• The LawsThe Laws• Discriminatory PracticesDiscriminatory Practices• Filing a chargeFiling a charge• Mediation ProcessMediation Process• Employer ResponsibilitiesEmployer Responsibilities• Discrimination FactsDiscrimination Facts• Helpful HintsHelpful Hints• Real World ExamplesReal World Examples• SummarySummary• ReferencesReferences

EEOC HISTORYEEOC HISTORY

• Established on July 5, 1965 by Title Established on July 5, 1965 by Title VII of the Civil Rights Act of 1964 VII of the Civil Rights Act of 1964 for the purpose of eliminating for the purpose of eliminating employment discrimination in the employment discrimination in the workplace.workplace.

EEOC OVERVIEWEEOC OVERVIEW

• EEOC coordinates all regulations, EEOC coordinates all regulations, practices & policies.practices & policies.

• Interprets laws, monitors employment Interprets laws, monitors employment discrimination programs.discrimination programs.

• Provides funding and support to local Provides funding and support to local FEPAs.FEPAs.

• Sponsors outreach and assistance Sponsors outreach and assistance programs.programs.

Brainstorming ToolBrainstorming Tool

• The information presented here can be The information presented here can be used to educate, change existing used to educate, change existing behaviors, encourage diversity and behaviors, encourage diversity and fairness in your organization. Possible fairness in your organization. Possible uses of this presentation:uses of this presentation:– Company meetingsCompany meetings– Quizzes for employeesQuizzes for employees– Incoming employee trainingIncoming employee training– Information/awareness signs around officeInformation/awareness signs around office– Incentive ProgramsIncentive Programs– No tolerance programsNo tolerance programs

Title VII of Civil Rights Act Title VII of Civil Rights Act of 1964of 1964

• Prohibits employment Prohibits employment discrimination based on:discrimination based on:– RaceRace– ColorColor– ReligionReligion– SexSex– National OriginNational Origin

Age Discrimination in Age Discrimination in Employment Act of 1967Employment Act of 1967

• Prohibits discrimination against:Prohibits discrimination against:

– Individuals over 40 years oldIndividuals over 40 years old

Equal Pay Act of 1963Equal Pay Act of 1963

• Prohibits compensation Prohibits compensation discrimination based on:discrimination based on:

– Genders doing similar work under Genders doing similar work under similar conditionssimilar conditions

Americans with Disabilities Americans with Disabilities Act of 1990Act of 1990

• Prohibits employment Prohibits employment discrimination based on:discrimination based on:

– disability both in the private sector, disability both in the private sector, state and local governmentstate and local government

Rehabilitation Act of 1973Rehabilitation Act of 1973

• Prohibits employment Prohibits employment discrimination against:discrimination against:

– Federal employees with disabilitiesFederal employees with disabilities

Civil Rights Act of 1991Civil Rights Act of 1991

• ProhibitsProhibits

– providing compensation for intentional providing compensation for intentional discriminationdiscrimination

Discriminatory PracticesDiscriminatory Practices

• Hiring and firingHiring and firing• Compensation, assignment, or classification of employeesCompensation, assignment, or classification of employees• Transfer, promotion, layoff, or recallTransfer, promotion, layoff, or recall• Job advertisementsJob advertisements• RecruitmentRecruitment• TestingTesting• Use of company facilitiesUse of company facilities• Training and apprenticeship programsTraining and apprenticeship programs• Fringe benefitsFringe benefits• Pay, retirement plans and disability leavePay, retirement plans and disability leave• Other terms and conditions of employmentOther terms and conditions of employment

Who Can File a Charge?Who Can File a Charge?

• Any individual who believes his/her Any individual who believes his/her employment rights have been employment rights have been violated.violated.

• Any individual, organization, or Any individual, organization, or agency can file a charge on behalf agency can file a charge on behalf of another person.of another person.

How is a charge filed?How is a charge filed?

• A charge can be filed by either A charge can be filed by either mail or in person at the nearest mail or in person at the nearest EEOC office.EEOC office.

• Call 1-800-669-4000 to locate your Call 1-800-669-4000 to locate your nearest EEOC office.nearest EEOC office.

What Information must be What Information must be provided?provided?

• Complaining party’s name, address Complaining party’s name, address and telephone numberand telephone number

• Name of employer and basic Name of employer and basic informationinformation

• Description of the alleged violationDescription of the alleged violation• Dates of the alleged violation(s)Dates of the alleged violation(s)

What are the time limits What are the time limits for filing?for filing?

• 180 days form alleged violation180 days form alleged violation

• 300 days if charge is covered by 300 days if charge is covered by state or local anti-discrimination lawstate or local anti-discrimination law

• Contact EEOC immediately upon Contact EEOC immediately upon suspected discriminationsuspected discrimination

What happens after a What happens after a charge is filed?charge is filed?

• May be assigned investigationMay be assigned investigation• Seek to settle chargesSeek to settle charges• Seek information by interviews, Seek information by interviews,

review documents and visit review documents and visit facilitiesfacilities

• MediationMediation• DismissalDismissal

Mediation ProcessMediation Process

• Fair and NeutralFair and Neutral

• Saves Time and MoneySaves Time and Money

• ConfidentialConfidential

• Avoids Unnecessary LitigationAvoids Unnecessary Litigation

What are the employers What are the employers responsibilities?responsibilities?

• The remedies for employment The remedies for employment discrimination may include:discrimination may include:– Back payBack pay– HiringHiring– PromotionPromotion– ReinstatementReinstatement– Front payFront pay– Reasonable accommodationReasonable accommodation– Attorney feesAttorney fees– Expert witness feesExpert witness fees– Court costsCourt costs

Facts About National Facts About National Origin DiscriminationOrigin Discrimination

• Speak English Only RuleSpeak English Only Rule

• AccentAccent

• HarassmentHarassment

• Immigration-related practicesImmigration-related practices

Facts About Age Facts About Age DiscriminationDiscrimination

• Apprenticeship ProgramsApprenticeship Programs

• Job Notices and AdvertisementsJob Notices and Advertisements

• Pre-Employment InquiriesPre-Employment Inquiries

• BenefitsBenefits

• Waivers of ADEA rightsWaivers of ADEA rights

Facts about Pregnancy Facts about Pregnancy DiscriminationDiscrimination

• HiringHiring

• Pregnancy and Maternity LeavePregnancy and Maternity Leave

• Health InsuranceHealth Insurance

• Fringe BenefitsFringe Benefits

Facts About Religious Facts About Religious DiscriminationDiscrimination

• HiringHiring

• FiringFiring

• And other terms and conditionsAnd other terms and conditions

• Reasonably accommodate the religious Reasonably accommodate the religious practices of employeespractices of employees

Facts About Race/Color Facts About Race/Color DiscriminationDiscrimination

• Race-Related Characteristics and Race-Related Characteristics and ConditionsConditions

• HarassmentHarassment

• Segregation and Classification of Segregation and Classification of EmployeesEmployees

• Pre-Employment InquiriesPre-Employment Inquiries

Facts About Compensation Facts About Compensation DiscriminationDiscrimination

• SkillSkill

• EffortEffort

• ResponsibilityResponsibility

• Working ConditionsWorking Conditions

• EstablishmentEstablishment

Facts About the Americans with Facts About the Americans with Disabilities ActDisabilities Act

• An individual with a disability is a person An individual with a disability is a person who:who:

– Has a physical or mental impairmentHas a physical or mental impairment

– Has a record of an impairmentHas a record of an impairment

– Is regarded as having an impairmentIs regarded as having an impairment

Facts About Sexual Facts About Sexual HarassmentHarassment

• The conduct has to be sufficiently The conduct has to be sufficiently frequent or severe and cause a hostile frequent or severe and cause a hostile work environment or result in work environment or result in “employment action” such as hiring, “employment action” such as hiring, firing, promotion, or demotion.firing, promotion, or demotion.

• Federal law does not prohibit simple Federal law does not prohibit simple teasing, offhand comments, or isolated teasing, offhand comments, or isolated incidents that are not serious.incidents that are not serious.

Helpful HintsHelpful Hints

• Eliminate Negative AttitudesEliminate Negative Attitudes• ““Practice What you Preach”Practice What you Preach”• Eliminate derogatory jokesEliminate derogatory jokes• Offer awareness-based diversity trainingOffer awareness-based diversity training• Offer skill-Based diversity trainingOffer skill-Based diversity training• Implement affirmative action plansImplement affirmative action plans• Promote policies that discourage sexual harassmentPromote policies that discourage sexual harassment• Provide physical access for employees with physical Provide physical access for employees with physical

disabilitiesdisabilities• Offer flexible days of for religious holidaysOffer flexible days of for religious holidays• Offer parental leavesOffer parental leaves• Post the laws and company policiesPost the laws and company policies

More Helpful HintsMore Helpful Hints

• Strong support from the top levels of the Strong support from the top levels of the organization.organization.

• Clear and consistent application of diversity Clear and consistent application of diversity principles in personnel decisions.principles in personnel decisions.

• Diversity-focused organizational policies.Diversity-focused organizational policies.• Appropriate reward systems and Appropriate reward systems and

accountability.accountability.• Access to resources to support training and Access to resources to support training and

other activities.other activities.• Fairness to all.Fairness to all.• Regular monitoring and evaluation.Regular monitoring and evaluation.

Real World ExamplesReal World Examples

• 1993 the Washington State Supreme 1993 the Washington State Supreme Court upheld a $389,000 judgment Court upheld a $389,000 judgment against a Seattle bank brought by a against a Seattle bank brought by a Cambodian-American who was fired Cambodian-American who was fired because of his accent.because of his accent.

• An employee was awarded $572,000 for An employee was awarded $572,000 for being fired while missing work due to being fired while missing work due to cancer recovery.cancer recovery.

SummarySummary

By educating yourself, staff and company By educating yourself, staff and company with this information and taking an with this information and taking an

active role in eliminating discrimination active role in eliminating discrimination in the workplace you will be able to in the workplace you will be able to attract and retain skilled employees, attract and retain skilled employees, increase productivity, job satisfaction increase productivity, job satisfaction

and encourage diversity and and encourage diversity and cohesiveness.cohesiveness.

ReferencesReferences• U.S. Equal Employment Opportunity Commission publicationsU.S. Equal Employment Opportunity Commission publications

– Facts About National Origin DiscriminationFacts About National Origin Discrimination– Facts About Age DiscriminationFacts About Age Discrimination– Facts About Pregnancy DiscriminationFacts About Pregnancy Discrimination– Facts About Religious DiscriminationFacts About Religious Discrimination– Facts About Race/Color DiscriminationFacts About Race/Color Discrimination– Facts About Compensation DiscriminationFacts About Compensation Discrimination– Facts About the Americans with Disabilities ActFacts About the Americans with Disabilities Act– Facts About MediationFacts About Mediation– Questions and Answers on Employer Liability for Harassment by SupervisorsQuestions and Answers on Employer Liability for Harassment by Supervisors– Mediate-Employment Discrimination ChargesMediate-Employment Discrimination Charges– US EEOC: An OverviewUS EEOC: An Overview– The LawThe Law– 35 Years of Ensuring the Promise of Opportunity35 Years of Ensuring the Promise of Opportunity– Federal Laws Prohibiting Job Discrimination Questions and AnswersFederal Laws Prohibiting Job Discrimination Questions and Answers

• Introduction to Leadership Skills, for BSU Department of Management, compiled Introduction to Leadership Skills, for BSU Department of Management, compiled by Chris Baughn and John D. Bigelow (2000)by Chris Baughn and John D. Bigelow (2000)