LAWS GOVERNING EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION

  1. Title VII of 1964

  2. EEO of 1972

  3. ADA of 1990/Rehabilitation of 1973

  4. Equal Pay of 1963

  5. E.O 11246

  6. E.O. 11375

  7. Age Discrimination of 1967

  8. Pregnancy Discrimination of 1978

  9. Civil Rights Act of 1870

DISTINCTION BETWEEN EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION

EQUAL EMPLOYMENT OPPORTUNITY

  1. Anti-discrimination

  2. Present, past

  3. Class/victims

  4. Individuals/victims

  5. Perpetrators

  6. Statutory standards

  7. Make whole

AFFIRMATIVE ACTON

  1. Remedial, corrective

  2. Present, future

  3. Class/prospective

  4. Innocent third party

  5. Individual rights

  6. Constitutional standards

  7. Hiring, promoting

What is the Equal Employment Opportunity Commission (EEOC)?

  • EEOC is an independent federal agency originally created by Congress in 1964

  • Created to enforce Title VII of the Civil Rights Act of 1964

  • Carried out enforcement, education, and technical assistance through 50 field offices

Job Discrimination Laws Enforced by the Equal Employment Opportunity Commission (EEOC)

  • Title VII of the Civil Rights Acts of 1964 (Title VII)

  • Equal Pay Act of 1962

  • Age Discrimination and Employment Act

  • Title I of the Americans with Disabilities Act of 1990

  • Section 501 of the Rehabilitation Act of 1973

  • The Civil Rights Act of 1991

What discriminatory practices are prohibited by these laws?

  • 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

  • Harassment on the basis of race, color, religion, sex, national origin, disability, or age

  • Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices

  • Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities

  • Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability

Who can file a charge of discrimination?

  • Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC.

  • An individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person’s identity

How is a charge of discrimination filed?

  • Charges may be filed by mail or in person at the nearest EEOC office

  • Individuals who need an accommodation in order to file a charge should inform the EEOC field office so that appropriate arrangements can be made

What information must be provided?

  • The complaining parties name, address, and telephone number

  • The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members) if known

  • A short description of the alleged violation

  • The date(s) of the alleged violation

What are the time limits for filing?

  • All laws enforced by the EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court.

    • A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party’s rights

    • The 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law.

    • These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with the EEOC in order to have the rights to go to court.

    • To protect legal rights, it is always best to contact the EEOC promptly when discrimination is suspected

How does EEOC resolve discrimination charges?

  • If the evidence does not support the claim, the EEOC closes the case and gives the charging party 90 days to file a lawsuit on his or her own behalf.

  • If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the findings. The EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination

  • If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither the EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored

  • If the EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If the EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.

What remedies are available when discrimination is found?

  • Any combination of the following may be awarded

    • Back pay

    • Hiring

    • Promotion

    • Reinstatement

    • Front pay

    • Reasonable accommodation

    • Other actions that will make an individual “whole”

    • Attorneys fees

    • Expert witness fees

    • Court costs

AGE DISCRIMINATION PREVENTION FOR EMPLOYERS

  • Make decisions on documented performance appraisals

  • Eliminate policies that might indirectly be age discriminatory

  • Train supervisors to refrain from making references to age

  • Chart ages and other employee characteristics protected from discrimination