Federal Employment Laws: Equal Employment Opportunity

1. Federal Employment Laws: Equal Employment Opportunity 2-1

2. Equal Employment Opportunity Laws • Equal Employment Opportunity (EEO) – The right of all people to work and to advance on the basis of merit, ability, and potential. • Discrimination led to the civil rights movement, resulting in federal laws to promote equal employment opportunity. 2-2

3. State and Local Government Equal Employment Laws • Supremacy Clause of the U.S. Constitution: many state and local laws became invalid after passage of Civil Rights Act and other EEO legislation. • States may pass laws against discrimination in areas not covered by federal law, as long as it does not require or permit an act that is unlawful under federal legislation. 2-3

4. EEO Laws & Court Decisions • Ambiguities in language leave much room for interpretation by federal agencies that enforce EEO laws. • Court decisions regarding laws often raise additional questions of interpretation. 2-4

5. Civil Rights Act of 1866:Section 1981 • Prohibits intentional discrimination --- including harassment ---based on race or ethnicity in every aspect of employment. • Covers all private sector employees, and employees of state and local governments. • Protects the right to make and enforce contracts, including employment contracts. 2-5

6. Civil Rights Act of 1866:Section 1981 • Most federal courts rule that At-Will Employees may sue for violations of Section 1981 --- even if they do not have employment contracts. • No federal agency oversees this law. Only remedy for employee is to sue in court. 2-6

7. Title VII of the Civil Rights Act of 1964 • Prohibits employment-related discrimination based on: Race, Color, Religion, Sex, and National Origin. • Also prohibits harassment (including sexual harassment) and retaliation. • Created Equal Employment Opportunity Commission (EEOC) to administer. 2-7

8. Title VII of the Civil Rights Act of 1964 Covers 2 basic areas of discrimination: • Disparate Treatment: Intentional discrimination against a protected class of employees. • Disparate Impact: Unintentional discrimination. “Neutral” employment practice adversely affects protected class. 2-8

9. Title VII of the Civil Rights Act of 1964 • Organizations covered: • Private employers: 15 or more people, employed 20 or more weeks per year • All educational institutions • Federal, state and local governments • All employment agencies • Unions with a hiring hall or office, or with 15 or more members • Joint labor–management committees for apprenticeships and training 2-9

10. Title VII of the Civil Rights Act of 1964 • What aspects of employment are covered? • What is illegal retaliation? • How do individuals file complaints? • Key Case: Ricci v. DeStefano (2009) • Exceptions: What is a “BFOQ”? 2-10

11. Bona Fide Occupational Qualification (BFOQ) • Permits employer to use religion, age, sex or national origin (never race or color) as a factor in its employment practices when reasonably necessary to normal operation of that business. • Most employers most frequently raise the BFOQ exception because of sex. 3-11

12. Sexual Harassment • Unwelcome sexual advance or conduct that affects the terms and conditions of employment or creates an intimidating, hostile, or offensive work environment. • A type of Gender discrimination. • 2 categories of Sexual Harassment: • Quid Pro Quo • Hostile Work Environment 3-12

13. Article 8: How to Combat Sexual Techno-Harassment • What is Sexual “Techno-Harassment”? • Why is this becoming such a major problem in organizations? • What suggestions are made for addressing this problem? 1-13

14. Equal Employment Opportunity Commission • Created under Civil Rights Act (1964) to administer Title VII and ensure equal employment opportunity • Composed of 5 members, not more than 3 of whom may be members of same political party. • Members appointed by President, with advice and consent of Senate, for a term of 5 years • General Counsel, appointed by President with advice of Senate for term of 4 years; responsible for conducting litigation under Title VII. 2-14

15. EEOC Responsibilities • Originally investigating discrimination based on race, color, religion, sex, or national origin. • Now also responsible for investigating equal pay violations, age discrimination, and discrimination against disabled persons. • Has authority to investigate charges and complaints, and also to intervene in civil action on behalf of an aggrieved party. • Develops and issues guidelines to enforce nondiscriminatory practices in all of these areas. 2-15

16. Office of Federal Contract Compliance Programs (OFCCP) • Office within Department of Labor. • Responsible for ensuring EEO by federal contractors and subcontractors. 2-16

17. Equal Pay Act (EPA) • Prohibits sex-based discrimination in pay.Requires equal pay for equal work. • Part of the minimum wage section of the Fair Labor Standards Act (FLSA) • Equal work requires substantially equal skill, effort, and responsibility, performed under similar working conditions in the same establishment. 2-17

18. Equal Pay Act (EPA) • Permits differences in wages if payment is based on seniority, merit, quantity and quality of production, or a differential due to any factor other than sex. • Employers prohibited from attaining compliance with the Act by reducing wage rate of any employee. • Enforced by the EEOC. 2-18

19. Pregnancy Discrimination Act (PDA) • Employers must treat pregnancy, birth, and related medical conditions like any other medical condition with regard to benefits and leave policies. • EEOC takes the view that: • Employer may not deny its unmarried employees pregnancy benefits. • If pregnancy benefits are given to female employees, must also be extended to spouses of male employees. 2-19

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