EQUAL OPPORTUNITY EMPLOYMENT
Equal Employment Opportunity guaranties employees a fair treatment. This means that employers cannot discriminate against employees on the basis of age, race, sex, creed, religion, color, or national origin. Equal Opportunity applies to employment practices such as hiring, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay or other forms of compensation, selection for training, job assignments, accessibility, working conditions and special duty details.
The term Equal Employment Opportunity was created by President Lyndon B. Johnson when he signed Executive Order 11246. This Order prohibits federal contractors and federally assisted construction contractors and subcontractors from discriminating in employment decisions based on race, color, religion, sex, or national origin. Contractors are also required to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.
The Equal Employment Opportunity Commission (EEOC):
The EEOC is a federal agency that was created to promote equal opportunity in employment. The EEOC uses administrative and judicial enforcement of the federal civil rights laws, education and technical assistance in order to accomplish its mission. The commission can bring suit on behalf of alleged victims of discrimination against private employers. It also serves as an adjudicatory for claims of discrimination brought against federal agencies.
EEOC has five commissioners and a General Counsel. These are appointed by the President and then confirmed by the Senate. Commissioners are appointed for five year terms. The term of the General Counsel is four years. Currently the Commissioners are: Naomi C. Earp (Chair); Leslie E. Silverman (Vice Chair); Stuart J. Ishimaru (Commissioner); Christine M. Griffin (Commissioner). The General Counsel is Ronald Cooper. Federal Equal Employment Opportunity (EEO) Laws:
The Federal laws that prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII). This act prohibits employment discrimination that is based on race, color, religion, sex, or national origin. The Equal Pay Act of 1963 (EPA). This act prohibits sex-based wage discrimination for men and women who perform substantially equal work in the same establishment. The Age Discrimination in Employment Act of 1967 (ADEA). This act protects individuals who are 40 years of age or older from employment discrimination based on age. The Civil Rights Act of 1991. This act provides monetary damages in cases of intentional employment discrimination. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA). This act bans employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments. Sections 501 and 505 of the Rehabilitation Act of 1973. These prohibit discrimination against qualified individuals with disabilities who work in the federal government. The Civil Service Reform Act of 1978 (CSRA). The CSRA prohibits any employee, who has authority, to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. Discriminatory Practices:
Discriminatory practices are the...
References: 1) Cheeseman, Henry. The Legal Environment of Business and Online Commerce. Prentice Hall 5th edition 2007.
2) Civil Rights Act of 1964 - CRA - Title VII - Equal Employment Opportunities - 42 US Code, Chapter 21. http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21
3) US Equal Employment Opportunity Commission. http://www.eeoc.gov/
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