EQUAL EMPLOYMENT
OPPORTUNITY
COMMISSION
KEYS FOR SUCCESS
By Elka Nelson
OPERMGT 345
Dr.Tom Foster
May 9, 2002
AGENDA
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EEOC History
EEOC Overview
Brainstorm tool
The Laws
Discriminatory Practices
Filing a charge
Mediation Process
Employer Responsibilities
Discrimination Facts
Helpful Hints
Real World Examples
Summary
References
EEOC HISTORY
• Established on July 5, 1965 by
Title VII of the Civil Rights Act
of 1964 for the purpose of
eliminating employment
discrimination in the workplace.
EEOC OVERVIEW
• EEOC coordinates all regulations,
practices & policies.
• Interprets laws, monitors
employment discrimination
programs.
• Provides funding and support to local
FEPAs.
• Sponsors outreach and assistance
programs.
Brainstorming Tool
• The information presented here can
be used to educate, change existing
behaviors, encourage diversity and
fairness in your organization.
Possible uses of this presentation:
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Company meetings
Quizzes for employees
Incoming employee training
Information/awareness signs around
office
– Incentive Programs
– No tolerance programs
Title VII of Civil Rights
Act of 1964
• Prohibits employment
discrimination based on:
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Race
Color
Religion
Sex
National Origin
Age Discrimination in
Employment Act of 1967
• Prohibits discrimination against:
– Individuals over 40 years old
Equal Pay Act of 1963
• Prohibits compensation
discrimination based on:
– Genders doing similar work under
similar conditions
Americans with
Disabilities Act of 1990
• Prohibits employment
discrimination based on:
– disability both in the private sector,
state and local government
Rehabilitation Act of
1973
• Prohibits employment
discrimination against:
– Federal employees with disabilities
Civil Rights Act of 1991
• Prohibits
– providing compensation for
intentional discrimination
Discriminatory
Practices
• Hiring and firing
• Compensation, assignment, or classification of
employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment
• Testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans and disability leave
• Other terms and conditions of employment
Who Can File a Charge?
• Any individual who believes
his/her employment rights have
been violated.
• Any individual, organization, or
agency can file a charge on
behalf of another person.
How is a charge filed?
• A charge can be filed by either
mail or in person at the nearest
EEOC office.
• Call 1-800-669-4000 to locate
your nearest EEOC office.
What Information must
be provided?
• Complaining party’s name,
address and telephone number
• Name of employer and basic
information
• Description of the alleged
violation
• Dates of the alleged violation(s)
What are the time limits
for filing?
• 180 days form alleged violation
• 300 days if charge is covered by
state or local anti-discrimination
law
• Contact EEOC immediately upon
suspected discrimination
What happens after a
charge is filed?
• May be assigned investigation
• Seek to settle charges
• Seek information by interviews,
review documents and visit
facilities
• Mediation
• Dismissal
Mediation Process
• Fair and Neutral
• Saves Time and Money
• Confidential
• Avoids Unnecessary Litigation
What are the employers
responsibilities?
• The remedies for employment
discrimination may include:
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Back pay
Hiring
Promotion
Reinstatement
Front pay
Reasonable accommodation
Attorney fees
Expert witness fees
Court costs
Facts About National
Origin Discrimination
• Speak English Only Rule
• Accent
• Harassment
• Immigration-related practices
Facts About Age
Discrimination
• Apprenticeship Programs
• Job Notices and Advertisements
• Pre-Employment Inquiries
• Benefits
• Waivers of ADEA rights
Facts about Pregnancy
Discrimination
• Hiring
• Pregnancy and Maternity Leave
• Health Insurance
• Fringe Benefits
Facts About Religious
Discrimination
• Hiring
• Firing
• And other terms and conditions
• Reasonably accommodate the
religious practices of employees
Facts About Race/Color
Discrimination
• Race-Related Characteristics and
Conditions
• Harassment
• Segregation and Classification of
Employees
• Pre-Employment Inquiries
Facts About Compensation
Discrimination
• Skill
• Effort
• Responsibility
• Working Conditions
• Establishment
Facts About the Americans
with Disabilities Act
• An individual with a disability is a
person who:
– Has a physical or mental impairment
– Has a record of an impairment
– Is regarded as having an impairment
Facts About Sexual
Harassment
• The conduct has to be sufficiently
frequent or severe and cause a
hostile work environment or result in
“employment action” such as hiring,
firing, promotion, or demotion.
• Federal law does not prohibit simple
teasing, offhand comments, or
isolated incidents that are not
serious.
Helpful Hints
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Eliminate Negative Attitudes
“Practice What you Preach”
Eliminate derogatory jokes
Offer awareness-based diversity training
Offer skill-Based diversity training
Implement affirmative action plans
Promote policies that discourage sexual
harassment
Provide physical access for employees with
physical disabilities
Offer flexible days of for religious holidays
Offer parental leaves
Post the laws and company policies
More Helpful Hints
• Strong support from the top levels of the
organization.
• Clear and consistent application of
diversity principles in personnel decisions.
• Diversity-focused organizational policies.
• Appropriate reward systems and
accountability.
• Access to resources to support training
and other activities.
• Fairness to all.
• Regular monitoring and evaluation.
Real World Examples
• 1993 the Washington State Supreme
Court upheld a $389,000 judgment
against a Seattle bank brought by a
Cambodian-American who was fired
because of his accent.
• An employee was awarded $572,000
for being fired while missing work
due to cancer recovery.
Summary
By educating yourself, staff and
company with this information and
taking an active role in eliminating
discrimination in the workplace you
will be able to attract and retain
skilled employees, increase
productivity, job satisfaction and
encourage diversity and
cohesiveness.
References
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U.S. Equal Employment Opportunity Commission publications
– Facts About National Origin Discrimination
– Facts About Age Discrimination
– Facts About Pregnancy Discrimination
– Facts About Religious Discrimination
– Facts About Race/Color Discrimination
– Facts About Compensation Discrimination
– Facts About the Americans with Disabilities Act
– Facts About Mediation
– Questions and Answers on Employer Liability for Harassment by
Supervisors
– Mediate-Employment Discrimination Charges
– US EEOC: An Overview
– The Law
– 35 Years of Ensuring the Promise of Opportunity
– Federal Laws Prohibiting Job Discrimination Questions and Answers
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Introduction to Leadership Skills, for BSU Department of Management,
compiled by Chris Baughn and John D. Bigelow (2000)