1. TITLE VII AND EQUAL EMPLOYMENT
OPPORTUNITY ACT OF 1972
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IMPORTANT
LAWS RELATED TO HUMAN RESOURCES
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Knowledge of equal employment
opportunity laws is an essential element of the human resources
management process.
There are many Laws that have a considerable impact on the development
of human resources policies. These laws stipulate Acceptable
Methods Of Employment And Compensation in various industries. It is essential,
therefore, to adhere to these laws and to develop a comprehensive
human resources management plan accordingly.
The underlying concepts of human resources
management in the United States are developed according to the
Equal Employment Opportunity laws. One of the most important laws in this regard is Title VII
Of The 1964 Civil Right Act. Title VII, as amended
by the Equal Employment Opportunity Act Of 1972, specifies
elements of an employer's unlawful behavior. This is illustrated
below. (1)
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TITLE VII OF THE 1964
CIVIL RIGHTS ACT
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No.
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It Is Unlawful For An
Employer To:
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1
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Fail or to refuse to hire or to discharge
any individual or otherwise to discriminate against an individual
with respect to compensation, terms, conditions, or privileges
of employment because of such individual's race, color, religion,
sex, or national origin.
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2
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Limit, segregate, or classify employees
or applicants for employment in any way that would deprive or
tend to deprive any individual of employment opportunities or
otherwise adversely affect his or her status as an employee
because of such individual's race, color, religion,
sex, or national origin.
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WHO IS COVERED
BY TITLE VII OF THE 1964 CIVIL RIGHTS ACT
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Title VII covers public and private employees, educational
institutions, state and local governments with 15 or more
employees,
labor organizations with 15 or more members, public and private
employment agencies, labor unions, and joint labor-management
committees.
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2. ENFORCEMENT OF THE EQUAL EMPLOYMENT
OPPORTUNITY LAWS
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ENFORCEMENT
OF THE EQUAL EMPLOYMENT OPPORTUNITY LAWS
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The enforcement of Equal Employment Opportunity laws is carried
out by the Equal Employment Opportunity Commission (EEOC). The main function of the EEOC is to
receive, to investigate, and to resolve employment discrimination
complaints.
When EEOC finds that certain employment practices have been violated,
it attempts to reach an agreement between the injured individual
and the employer to eliminate all aspects of the alleged discrimination.
Under The Equal Employment Opportunity Act Of 1972, the
EEOC may also file discrimination charges on behalf of the employee,
if such action is justified.
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3. PRESIDENTIAL EXECUTIVE ORDERS
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PRESIDENTIAL
EXECUTIVE ORDERS
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In addition to Equal Employment Opportunity laws, several Presidential
Executive Orders have been issued in connection with the requirements
imposed by the Title VII.
In accordance with the Executive Order 11246, signed by President Johnson, and amended by
Executive Order 11375:
"It is unlawful to discriminate on the basis of race,
color, religion, sex, and national origin by federal agencies,
contractors, and sub-contractors."
Moreover, this Executive Order requires that contractors take
Affirmative Action to ensure Equal Employment Opportunity.
The basic principles of affirmative action will be discussed later.
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4. WHAT IS CONTRACT COMPLIANCE?
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CONTRACT
COMPLIANCE
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Employers must be familiar with various issues related to contract
compliance.
The implementation of Executive Orders is the
responsibility of the Office Of Federal Contract Compliance
Programs (OFCCP). This office is also responsible for ensuring
the conciliation and contract compliance by federal contractors.
Contract Compliance means that in
addition to quality, to timeliness, and to other requirements
of federal contract work, contractors and sub-contractors must
also meet Equal Employment Opportunity and Affirmative Action
requirements.
These
cover all aspects of employment including recruiting, hiring,
training, pay, seniority, promotion, and benefits.
(2)
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5. EQUAL EMPLOYMENT OPPORTUNITY
(EEO) AND AFFIRMATIVE ACTION (AA) LAWS
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ARE YOU
FAMILIAR WITH THE EQUAL EMPLOYMENT OPPORTUNITY LAWS?
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To comply with Equal Employment Opportunity Regulations, management
must be familiar with appropriate legislation.
Some of the Equal Employment Opportunity Laws
are summarized below.
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EQUAL EMPLOYMENT
OPPORTUNITY (EEO)
AND AFFIRMATIVE ACTION (AA) LAWS
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Laws
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Who
Is Covered
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Legal
Requirements
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Agency
Involved
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Title VII Of Civil Right Act, As
Amended By The Equal Employment Opportunity Act Of 1972
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Employers with 15 or more employees engaged
in interstate commerce; federal service workers; and government
workers
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Prohibits employment decisions based on
race, color, sex, or national origin; employers must develop Affirmative
Action Programs (AAPs) to recruit women and minorities
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Equal Employment Opportunity Commission
(EEOC)
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Executive Order 11246, As Amended By
Executive Order 11375
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Employers with federal contracts and sub-contracts,
with 50 or more employees, or with contracts over $50,000
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Requires contractors to take Affirmative
Action, including goals and timetables, to recruit, select, train,
utilize, and promote minorities and women
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Office of Federal Contract Compliance Programs
(OFCCP), in the Labor Department
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Age Discrimination In Employment Act
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Employers with 20 or more employees
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Prohibits employment discrimination against
employees aged 40 and over including, in most cases, mandatory
retirement.
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EEOC
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Vocational Rehabilitation Act
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Employers with federal contracts of $2,500
or more
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Prohibits discrimination and requires contractor
to develop AAP to recruit and employ handicapped persons.
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OFCCP
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Vietnam Era Veterans Readjustment Act
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Employers with federal contracts
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Requires contractors to develop AAP's to
recruit and employ Vietnam-era veterans.
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OFCCP
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Americans With Disabilities Act Of 1992
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All employers of 15 or more employees
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Prohibits discrimination against people
with disabilities and requires to make "reasonable accommodations"
for people with disabilities.
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EEOC
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Civil Rights Act Of 1991
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All employers
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Amends the original Civil Rights Act and
makes it easier to bring discrimination lawsuits while limiting
punitive damages.
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EEOC
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Extracted from the Bureau of
National Affairs, Fair Employment Practices (Washington
D.C. GPO)
6. GENERAL GUIDELINES ISSUED
BY EEOC
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GENERAL
GUIDELINES ISSUED BY EEOC
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The EEOC has issued a number of guidelines designed to ensure
compliance with the Equal Employment Opportunity laws.
The EEOC Guidelines relate
to issues such as equal pay, discrimination on the basis of national
origin, religion, race, age, sex, or pregnancy, Affirmative Action
Programs, and employee selection procedure.
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7. THE AFFIRMATIVE ACTION PROGRAM
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THE AFFIRMATIVE
ACTION PROGRAM
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The Affirmative Action Program (AAP) represents
an advanced stage of the Equal Employment Opportunity concept.
The Affirmative Action Program requires that an employer make
a special effort to hire and to promote qualified persons who
are part of the protected group. This program includes several actions designed to eliminate existing
effects of past discrimination in recruiting, hiring, compensating,
and promoting employees.
The EEOC guidelines regarding Affirmative
Action suggest that an employer should take the eight steps, as
outlined below. (3)
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THE
AFFIRMATIVE ACTION PROGRAM
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Step 1: Formulate An Equal Employment
Opportunity Policy.
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Formulate an Equal Employment Opportunity
Policy, indicate that your company is an Equal Employment Opportunity
Employer, and issue a written statement outlining your
company's commitment to Affirmative Action.
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Step 2: Appoint
A Manager Responsible For Affirmative Action Program.
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Select and appoint one of your senior
managers to be responsible for the implementation of the Affirmative
Action Program within your company.
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Step 3: Commit Your Company To Policy
Implementation.
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Publicize your company's commitment to
the Equal Employment Policy and Affirmative Action implementation
among all employees.
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Step 4: Complete A Survey.
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Complete a survey summarizing all relevant
details, including the number of minority and female employees
per department, and job classification to determine locations
where Affirmative Action Programs are especially desirable.
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Step 5: Develop Affirmative Action
Program Goals.
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Develop specific goals and timetables
to improve utilization of minorities, males and females in each
area where underutilization has been identified.
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Step 6: Develop Implementation Program.
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Develop and implement specific tasks to
achieve the Affirmative Action Program objectives. Various elements
of the human resources management, including recruitment, selection,
promotion, compensation, assessment and discipline of
employees, should be reviewed
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Step 7: Establish A Reporting System.
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Establish an internal control and reporting
system to monitor and to evaluate the progress of each aspect
of the Affirmative Action Program.
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Step 8: Support The Affirmative Action.
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Ensure that the Affirmative
Action Program is supported by management throughout your company.
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U.S. Equal Employment Opportunity
Commission, Affirmative Action and Equal Employment, (Washington
D.C. GPO)
8. WHAT IS THE ANTI-HARASSMENT
POLICY STATEMENT?
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ANTI-HARASSMENT
POLICY STATEMENT
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There is a number of important issues, which relate to the Equal
Employment Opportunity concept, that should be addressed by any
organization. One such issue relates to the prevention
of possible harassment of various individuals and groups by other
individuals within a company.
It is essential that you and your management team formulate the
Anti-Harassment Policy Statement and implement it within your
organization to protect it from any possible charges related to
the prohibited behavior, such as sexual, racial, religious, or
any other types of discrimination.
There are several laws passed by the federal
government which specifically relate to the harassment issues.
It is important to note, however, that some states passed laws
that are more stringent than those of the federal government,
relating to:
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Who is covered (employers with fewer than 15 employees).
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What is protected (sexual preference, marital status, and
other).
The Anti-Harassment Policy Statement
should also include a number of supporting documents, as outlined
below.
Note:
You are advised to seek legal counsel
and advice from appropriate state agency regarding the Anti-Harassment
Policy and all related issues.
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ELEMENTS OF THE ANTI-HARASSMENT
POLICY STATEMENT
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No.
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Details
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1
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Statement of prohibited conduct by employees.
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2
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Schedule of penalties for misconduct.
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3
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Procedures for making, investigating,
and resolving harassment retaliation complaints.
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4
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Procedures and rules for education and
training of employees.
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9. FOR SERIOUS
BUSINESS OWNERS ONLY
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Reprinted with permission. |
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