Chapter 3: Equal Employment Opportunity & Human Resources Management

Under the confines of "Uniform Guidelines," those employers who deliberately or unintentional fails to adhere to

6. Using qualification standards, employment tests, or selection criteria that screen out or the disabled unless they are job related.

Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,

This law protects many people from discrimination and it means that people should not be at a disadvantage or mistreated at work or in society just because of their age, sex, sexuality, religion or belief, race, disability or any other things which can also be known as ‘protected characteristics’.

The equal employment opportunity commission was formed on July 2, 1965. The United States EEOC is a federal agency that administers and enforces civil rights laws against works place discrimination. President John. F. Kennedy's Executive Order used equal opportunity for the first time in 1961 by instructing federal constructors to make sure that applicants are treated equally without regard to race, color, religion, sex, or national origin. When the equal employment opportunity was first created by the Civil Rights Act, it was only given limited power to punish the employers that did not adhere to this rule. That all changed in 1972 the congress gave the EEOC the authority to sue the employers. The way that employers are treated at work should

The Equal Employment Opportunity Commission (EEOC) is a “five-member body appointed by the President to establish equal employment opportunity policy under the laws it administers” (p. 827, Twomey & Jennings, 2014). The EEOC is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information” (Overview, EEOC, 2014). These federal laws include Title VII of the Civil Rights Act of 1964, as amended in 1972, 1978, and 1991, along with the Equal Pay Act (EPA), and the Age Discrimination in Employment Act (ADEA).

disabilities and respond to government regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Additionally, the policy will not discriminate against qualified individuals with disabilities concerning application procedures, hiring, advancement, discharge, compensation (or benefits), training or other terms, conditions and privileges of employment.

The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with the enforcement of Title VII of the Civil Rights Act of 1964,1 the Americans with Disabilities Act,2 and the Age Discrimination in Employment Act.3 Five commissioners appointed by the President and confirmed by the Senate govern the EEOC. Each commissioner serves a five-year term, and no more than three commissioners can be from the same political party.4

As EEOC as an organization, has the authority to investigate charges of discrimination against the previously described employers who are covered by the law. The role the EEOC plays is to fairly and accurately evaluate the accusations made by the employee and come to a conclusion. If it is confirmed that discrimination has occurred, their job is to settle the charge in the appropriate manner. If there is not sufficient evidence then it is their responsibility to file a lawsuit to protect the rights of the employee filing the complaint and protect the interests of the public. Lawsuits are not always

The Equal Employment Opportunity Commission (EEOC) receives several charges related to the allegations of retaliation. In view of this, the EEOC has recently issued the final Enforcement Guidance on Retaliation and Related Issues (Guidance) in order to replace 1998 Compliance Manual section related to retaliation. In addition to the Guidance, the EEOC has issued two other documents—a brief Small Business Fact Sheet condensing the key points of the Guidance—and a question-and-answer summarizing the Guidance.

If the EEOC finds cause in Mr. Zimpfer’s case then they will proceed with the next step which is conciliation process. The EEOC must try to resolve the issue by a conference or conciliation between the employer and the person who was shown some form of discrimination (Lavin and DiMichele, 2014, p. 102). During this meeting Palm Beach County should come to an agreement with Mr. Zimpfer and his attorney because the facts are on his side. If the county and Mr. Zimpfer do not come to an agreement, the EEOC may proceed with a lawsuit against Palm Beach County for discriminating on the bases of

The Company maintains a strict policy on any type of unlawful discrimination and harassment. The Company prohibits harassment on the basis of race, color, religion, creed, sex, national origin, age, disability, marital status, pregnancy, ancestry, citizenship, veteran status or any other status protected by state or local laws.

The equal employment opportunity legislation, especially Title VII, Civil Rights Acts, were necessary actions to desegregate our country. Without them it would have taken years longer to integrate the American workforce. Today I think equal employment opportunity laws are taken for granted. Some people use them to benefit themselves instead for the greater use of mankind. I work for Outback Steakhouse for 12 years from a busser to FOH manager. After being promoted from kitchen manager to FOH manager in 2009 Outback Steakhouse was hit with a suit for being sex bias against women. To show improvement they encourage female employees to join management. I witness females getting promoted to positions in months that took me years. To top

The Bona Fide Occupational Qualification (BFOQ) is contained in Title VII of the Civil Rights Act of 1964. Under this title, employment in particular jobs may not be limited to individuals of a particular sex, religion, or national origin unless the employer can show that one of these factors is an actual and necessary qualification for performing the job. BFOQ is usually decided on a case-by-case basis. Race is never a BFOQ. When BFOQ is used as a defense, the employer admits sex discrimination but under the terms of the statute it is justified (Sovereign, p.91). The Supreme Court has determined that the BFOQ exception is intended as a narrow exception to the prohibition of sex-based discrimination (Hawke, p.58).

This act is much like the ADA, the only difference is that the Rehabilitation Act is that it focuses on the federal government. “The Rehabilitation Act of 1973 was the first “rights” legislation to prohibit discrimination against people with disabilities. However, this law applied to programs conducted by Federal agencies, those receiving federal funds, such as colleges participating in federal student loan programs, Federal employment, and employment practices of businesses with federal contracts” (The Rehabilitation Act of 1973, 2011). Section 501 demands affirmative action and bans discrimination in employment by Federal agencies. Section 505 includes steps managing solutions and attorney's expenditures under Section 501 (The Rehabilitation Act of 1973, 2011).