Providing Equal
Employment Opportunity and a Safe Workplace



EEO (Equal Employment Opportunity) – the condition in which all individuals have an equal chance for employment regardless of their race, color, religion, sex, disability, or national origin
This “condition” is created through:
– Constitutional amendments
– Legislation
– Executive orders
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 Thirteenth Amendment
– Abolished Slavery
– Covers all individuals
– Enforced by courts
 Fourteenth Amendment
– Provides equal protection for all citizens and requires due process in state action
– Covers state actions
– Enforced by courts
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 Civil Rights Act 1866 – granted all persons the same property and contract rights
 Civil Rights Act 1871 – granted all citizens the right to sue the federal government for deprivation of civil rights
 Used as the basis for recovering compensatory and punitive damages
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 Civil Rights Act 1964 – Title VII
– Prohibits employers from discriminating based on race, color, religion, sex, or national origin
– Applies to ….
• Organizations with 15 or more employees working 20 + weeks a year
• State & local governments, employment agencies or labor organizations
– Pregnancy Discrimination Act 1978 prohibits discrimination based on pregnancy and childbirth
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 Civil Rights Act 1991
– allowed for victims of intentional discrimination to be awarded compensatory and punitive damages
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 Equal Pay Act 1963
– Requires that men and women performing equal jobs receive equal pay
– Equal defined in terms of skill, effort, responsibility and working conditions
 Age Discrimination in Employment Act
(ADEA) 1967
– Outlaws discrimination in employment decisions based on a person’s age being over 40
– Intent to discriminate not required
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 Vocational Rehabilitation Act 1973
– Affirmative action for individuals with disabilities
– Covers organizations receiving > $25,000 annually from the government

Vietnam Era Veteran’s Readjustment
Act 1974
– Affirmative action toward employing
Vietnam War veterans
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 Americans with Disabilities Act
(ADA) 1990
– A physical or mental impairment that substantially limits one or more major life activities,
– A record of having such an impairment, or
– Being regarded as having such an impairment
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Disabilities Associated with
Complaints Filed under ADA
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 Executive order 11246
– Prohibits federal contractors from discriminating based on race, color, religion, sex, or national origin
– Requires affirmative action for firms receiving > $10,000 and a written plan for firms receiving > $50,000
 Executive order 11478
– Federal government cannot discriminate
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 Equal Employment
Opportunity
Commission (EEOC)
– Created by CRA 1964
– Enforces most EEO laws
– Receives and investigates complaints
– Issues guidelines
 Office of Federal
Contract
Compliance
– Enforces executive orders
– Affirmative action plans
• Utilization analysis
• Goals and timetables
• Action steps
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 Disparate treatment
 Bono Fide Occupational
Qualification (BFOQ)
 Disparate impact
 EEO Policy
 Affirmative action
 Reverse discrimination
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Providing Reasonable
Accommodations under ADA
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 Refers to unwelcome sexual advances
– Quid pro quo
– Hostile environment
 Applies to same-sex harassment, male to female, and female to male
 Prevention
– Develop explicit policy
– Training
– Prompt discipline when necessary
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 Occupational Safety and Health Act
(OSH Act)
– Established and provided enforcement of occupational safety and health standards
 Occupational Safety and Health
Administration (OSHA)
– Inspects employers
– Applies safety and health standards
– Levies fines for violation
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 General Duty Clause
– Employer must provide an employee with a safe place of employment
 Enforcement
– Checks records
– Takes a tour
– Employee interviews
– Discusses findings, notes violations
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 Employee Rights
– Request and have representation at inspections
– Right-to-know laws
– Material safety data sheets
– Have employer violations posted
 Employee Responsibilities
– Follow OSHA safety rules and regulations
– Report hazardous conditions
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Rates of Occupational Injuries and
Illnesses
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 To encourage safe behaviors employers should:
– Define how to work safely
– Reinforce the desired behavior
 Injury prevention
–
–
–
–
Job analysis
Written policies
Safety training
Protective gear
– Rewards and sanctions
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