The EEOC and Trends for Working Women: Current and Emerging Issues

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The EEOC and Trends for Working Women Current
and Emerging Issues

• 2007 National Equal Opportunity Professional
  Development Forum
• Edana E. Lewis, Esq.
• Office of Legal Counsel
• U.S. Equal Employment Opportunity Commission
  (EEOC or Commission)
• Telephone [phone]
• E-mail edana.lewis_at_eeoc.gov
• Website www.eeoc.gov

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Selected Types of Discrimination Affecting Women
in the Workplace

• Caregiver Discrimination
• Wage Discrimination
• Harassment Based on Sex

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Caregiver Discrimination

• On April 17, 2007, the Commission conducted a
  hearing addressing the issue of discrimination
  against caregivers in the workplace. A
  transcript of the hearing is available at
  http//www.eeoc.gov/abouteeoc/meetings/4-17-07/tra
  nscript.html
• The EEOC enforces federal equal employment
  opportunity (EEO) laws that outlaw workplace
  discrimination where
• a caregiver is treated unfavorably
• because of a protected characteristic (e.g.,
  race, sex, or disability).
• The Commission is authorized to address caregiver
  discrimination where it occurs under federal EEO
  laws, primarily Title VII of the Civil Rights Act
  of 1964 (Title VII) and the Americans with
  Disabilities Act of 1990 (ADA). However, other
  federal, state, and local laws may also address
  caregiver discrimination in the workplace.

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Examples of Caregiving Discrimination

• Sex discrimination under Title VII
• A supervisor reduces the workload of a
  female employee, following her return to work
  from pregnancy leave, because of a stereotypical
  belief that women with children are less
  dedicated to their careers.
• Disability discrimination under the ADA
• A decision maker does not promote an
  employee who is a mother because he believes the
  executive position will require more time and
  attention than the candidate can handle given her
  responsibilities to her autistic son.
• Race discrimination under Title VII
• An employer fails to address the known
  harassment by co-workers of an African-American
  female employee who has two young children. The
  co-workers taunt the employee daily describing
  her as another black baby mama, among other
  derogatory statements.

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For more information on caregiver discrimination
from an EEO perspective, seeEEOC Enforcement
Guidance Unlawful Disparate Treatment of Workers
with Caregiving Responsibilitiesavailable at
http//www.eeoc.gov/policy/docs/ caregiving.html
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Wage or Compensation Discrimination

• The EEOC enforces Title VII and the Equal Pay Act
  of 1963. These laws overlap, but approach wage
  discrimination in different ways. (For more
  information on wage discrimination, see Facts
  About Compensation Discrimination, available at
  www.eeoc.gov/facts/fs-epa.html)
• In general, federal laws require employers to
  compensate employees without regard to sex, or
  any other protected characteristic (i.e., race,
  color, national origin, religion, age or
  disability).
• Covered forms of compensation include, but are
  not limited to, salary, overtime pay, stock
  options, life insurance, vacation pay, and
  benefits.

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Harassment Based on Sex

• In general, Title VII prohibits two types of
  harassment based on sex
• Tangible Employment Action
• Example Female employees are made to feel
  as though they have to engage in sexual behavior
  with superiors and act in accordance with
  sex-based stereotypes in order to gain favorable
  job assignments.
• Hostile Work Environment
• Example A supervisor constantly
  propositions and inappropriately touches a new
  female subordinate. The employee does not
  complain at first for fear of losing her job.
  After a month, the employee makes it clear to the
  supervisor that his advances are unwelcome. The
  employee is fired two weeks later during her
  probationary period. No cause is given for her
  discharge.

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Harassment Best Practices

• Designate more than one individual to take
  complaints
• If using an anti-harassment policy, be sure
  employees and supervisors are trained on the
  policy
• Instruct supervisors to report complaints of
  harassment immediately
• Promptly investigate complaints of harassment
• Before completing the investigation, take steps
  to ensure the harassment ceases. However, be
  sure not to burden the employee who complained of
  the harassment.
• Keep records, keep records, keep records

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Prohibition Against Retaliation

• Under all of the federal EEO statutes, including
  Title VII and the ADA, it is unlawful to
  retaliate against an individual for
• filing a charge of discrimination,
• participating in an investigation, or opposing
  discriminatory practices.
• As long as the complainant had a reasonable,
  good-faith belief that conduct he was opposing
  was unlawful, an employer may not retaliate
  against him.

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EEOC Contact Information

• Website www.eeoc.gov
• Telephone [phone]
• TTY 1 800 669-6820
• E-mail info_at_ask.eeoc.gov
• Mail or Fax See website for appropriate office