EQUAL EMPLOYMENT OPPORTUNITY

1
EQUAL EMPLOYMENT OPPORTUNITY

• Implementing Equal Employment Opportunity

2
Chapter 4 Overview

• EEOC Compliance
• Affirmative Action Plans
• Bona Fide Occupational Qualification (BFOQ)
• Business Necessity
• Sexual Harassment
• Comparable Worth and Equal Pay Issues
• Other Areas of Employment Discrimination

3
Equal Employment Opportunity Commission

• Title VII of the Civil Rights Act, as amended,
  created the EEOC
• 5 members Independent agency
• Appointed by the President
• Issues various employment guidelines and monitors
  the employment practices of organizations
• Investigates and prosecutes discrimination
  charges under Title VII of CRA, in equal pay, in
  age discrimination, discrimination due to
  pregnancy and discrimination against disabled
  persons

4
EEOC Compliance

• Posting Requirements
• Compliance Process
• Pre-employment Inquiry Guide
• Bona Fide Occupational Qualification
• Affirmative Action Plans

5
Standard Form 100
(Continued)
6
Standard Form 100
7
Application Diversity Chart
8
Charge Filed
Attempt at a No-Fault Settlement
Investigation by the EEOC
Attempt at Conciliation
Review Case for Litigation
Recommendation
Recommendation Against Litigation
Recommendation for Litigation
9
Factors that Determine Whether the EEOC Will
Pursue Litigation

• Number of people affected
• Amount of money involved
• Other charges against the employer
• Type of charge

10
Compliance Process

• Employment parity
• Occupational parity
• Systemic discrimination
• Relevant labor market
• Under utilization
• Concentration

11
AFFIRMATIVE ACTION PROGRAMS

• Programs for remedying past discriminatory
  actions
• Outlines specific goals and timetables
• Required in contracts with government
• Very controversial
• Enforcement is OFCCP

12
Bona Fide Occupational Qualifications (BFOQ)

• Permits sex, age, religion or national origin as
  factor for employment
• Situations permitted
• Ability to perform
• Same sex for personal privacy
• Customer preference

13
Sexual Harassment

• Violation of Title VII when conduct has the
  purpose of effect of substantially interfering
  with a persons work performance or creating a
  intimidating, hostile or offensive work
  environment
• Quid Pro Quo
• Hostile Environment

14
OTHER EMPLOYMENT ISSUES

• Comparable Worth and Equal Pay
• Sexual Orientation
• Other Areas of Employment Discrimination
• Religion
• Native Americans
• HIV Positive

15
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Questions