Equal Employment Opportunity

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Information about Equal Employment Opportunity

Published on November 23, 2010

Author: fayyazabid

Source: authorstream.com

Equal Employment Opportunity Legal Aspects of Human Resource Management : Equal Employment Opportunity Legal Aspects of Human Resource Management Introduction (1 of 2) : Introduction (1 of 2) Equal employment opportunity (EEO) has implications for almost every activity in HRM HR officials and managers in every function of the organization are involved EEO programs are implemented to: Prevent employment discrimination in the workplace Take remedial action to offset employment discrimination Introduction (2 of 2) : Introduction (2 of 2) Top managers must get involved in EEO issues and programs Operating managers must assist Attitude changes about protected-category employees Help all employees adjust to changes EEO brings to the workplace How Did EEO Emerge? : How Did EEO Emerge? Three main factors that led to the development of EEO: Changes in societal values The economic status of women and minorities The emerging role of government regulation Civil Rights Act : Civil Rights Act Prohibits discrimination against employees on the basis of: race color religion sex national origin Prohibits discrimination with regard to any employment condition Disparate Treatment : Disparate Treatment Intentional discrimination Employers apply different standards or treatment to different groups of employees or applicants based upon a protected category Plaintiff must first establish a prima facie case proving disparate treatment Disparate Impact : Disparate Impact Unintentional discrimination Occurs when a racially neutral employment practice has the effect of disproportionately excluding a group based upon a protected category Retaliation : Retaliation EEO laws prohibit retaliation against employees who: oppose discriminatory practices, or participate in a protected investigation, proceeding, or hearing Retaliation includes: termination denial of promotion or job benefits demotion, suspension, or threats Sexual Harassment : Sexual Harassment Considered a form of sex discrimination under the Civil Rights Act is actionable when it occurs between same as well as opposite sex individuals Forms of sexual harassment: Quid pro quo – exchange of sexual favors for job benefits Hostile work environment – creation of an offensive working environment Pregnancy Discrimination Act : Pregnancy Discrimination Act To protect pregnant women from employment discrimination Prohibits employers from discrimination in providing employee benefits such as: vacation time sick leave health insurance Pregnancy to be treated on same basis as any other medical problem or disability Civil Rights Act : Civil Rights Act Allows plaintiffs to seek compensatory and punitive damages for intentional discrimination Allows plaintiffs to demand jury trial for intentional discrimination claims Equal Pay Act : Equal Pay Act Established the concept of equal pay for equal work Prohibits wage differentials based on gender between men and women performing the same work in organizations Age Discrimination in Employment : Age Discrimination in Employment Protects individuals 40 years of age and older from employment discrimination based upon their age The act covers the actions of: private employers with 20 or more employees employment agencies labor organizations with at least 25 members federal, state, and local governments Disabilities Act : Disabilities Act Prohibits discrimination against qualified individuals with disabilities on the basis of those disabilities in all aspects of employment private employers with 15 or more employees state and local government employers Affirmative Action in Organizations : Affirmative Action in Organizations Actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity Two types of affirmative action plans: voluntary involuntary Summary : Summary EEO programs are designed to eliminate bias in HRM programs The role of EEO and the law as a significant force in shaping HRM policies and programs is an accepted fact in society The law, executive orders, and court interpretations will continue to influence every phase of HRM programs and activities

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