| | |  I. What Is EEO?
Equal Employment Opportunity laws are a collection of state and federal statutes that prohibit discrimination.
Wby do we need Equal Employment Opportunity (EEO)?
Historically, certain groups of people have been discriminated against in employment because of their gender, age, skin color and other traits rather than those qualities and traits that are directly related to their ability to do the job. The government has stepped in. Government passed these laws to remedy these historic inequities.
What is the business case for EEO?
EEO makes good business sense. Why? Because in today's diverse and competitive workplace and marketplace, responding to people based solely on their ability and job performance, instead of factors like race, sex, age, or disability results in:
• A more productive workplace.
• Employee satisfaction.
• Ability to recruit and retain the best and the brightest candidates.
• Customer loyalty.
• Larger shares of the market.
Can't I just ignore EEO? No. EEO is the law.
You don't need to be a legal expert to be a good manager, but you do need to know the basic requirements of EEO and other related laws.
In some cases, managers can be held personally liable for their actions or those of their employees. So it's not just about keeping the company safe, it's about keeping managers safe, too. There are a lot of misconceptions about what EEO is and what it is not. Much of the resistance to EEO is based on misunderstanding. The purpose of this manual is to give you a set of basic guidelines that will help you stay within the boundaries of the law while you effectively carry out your role as a manager.
II. EEO Laws
What they say and what they mean
The following is a brief summary of Federal and State EEO laws. The laws and their interpretations fill volumes. If you have specific questions about your legal responsibilities related to any of these laws, contact your Human Resources representative or general counsel.
Civil Rights Act of 1964 (Title VII)
Prohibits discrimination in employment on the basis of race, sex, religion, color or national origin. Title VII was amended by the Pregnancy Discrimination Act of 1978 to prohibit discrimination against pregnant women.
Civil Rights Act of 1991
Amends several EEO laws and provides that victims of intentional discrimination and sexual harassment have a right to jury trials and a right to recover punitive and compensatory damages. The availability of jury trials to more people is likely to increase an employer's costs in settling complaints.
Age Discrimination in Employment Act (ADEA) of 1967
This Act was amended in 1978 and 1986. It states that it is unlawful to discriminate in employment against persons aged 40 and over. This law protects older persons from discrimination in all aspects of employment, including protecting people who have been terminated involuntarily. Costs to settle can be exceedingly high due to availability of jury trials and compensatory and punitive damages.
Rehabilitation Act of 1973, which was amended in 1974 and 1978, and Americans With Disabilities Act (ADA) of 1990
Prohibits discrimination in employment against qualified persons with disabilities who are able to perform the essential functions of a job. The laws require that employers provide reasonable accommodations to assist individuals with disabilities to perform their jobs. Employers are required to review personnel policies and practices (such as recruitment, selection, and training programs) in order to eliminate necessary barriers for qualified persons with disabilities.
Equal Pay Act of 1963
Gives men and women the right to earn equal pay for doing substantially equal work.
Vietnam Era Veterans Act of 1974
Requires federal contractors to make special efforts to employ persons who served in the Vietnam War.
Family and Medical Leave Act of 1993
Requires covered employers to provide up to twelve weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous twelve months, and if there are at least 50 employees within 75 miles.
Executive Order 11246
Requires most federal contractors and subcontractors to prepare written affirmative action plans (AAP). The purpose of those plans is to assure measurable improvements in hiring, promotion, and training of people of color and women in job categories and levels where they are seriously under-represented.
Sometimes there are state and local laws that relate to EEO. Some of them offer protections and remedies not included in Federal Statutes.
The Illinois Human Rights Act
Forbids discrimination in the employment of any individual based on race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, or unfavorable discharge from military service. Illinois law makes discrimination illegal in hiring, recruitment, promotions, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment.
III. Who Is Protected?
Equal Employment Opportunity laws state that it is unlawful to discriminate against any person on the basis of race, color, religion, sex, national origin, age, or disability.
That means we must make decisions based on job-related factors, such as the essential functions and requirements of the job and observable, measurable job performance standards—not age, skin color, or other factors that do not relate to job performance.
EEO laws protect men as well as women. They protect people of different races including Caucasians. Some people mistakenly think that EEO protects only women and Hispanics, Asians, American Indians, African-Americans, and others who may be referred to as people of color or minorities. EEO laws make it unlawful to discriminate against people based on factors that do not relate to job performance.
Race — Title VII protects all persons from discrimination based on race.
Color — EEO laws refer specifically to skin color, because regardless of a person's race, the color of skin may be considered more or less preferable.
Religion — EEO laws protect persons of all religions. It is important to remember that situations involving religion may extend to work schedule or dress. In addition to beliefs that might traditionally be described as religious, this section also refers to any set of personal beliefs that are "sincere" and "consistently held."
Sex — All men and women are protected under Title Vll. In our society, discrimination based on sex has primarily restricted job-related opportunities of women. Hiring decisions, terms, or conditions of employment should not be influenced by a person's gender.
National Origin — It is unlawful to discriminate against individuals because they were born in a particular country or any country other than the United States. National origin discrimination is often reflected in non-job-related, English-only rules or absence of an accent as a job criteria.
Age — All persons over 40 years of age are protected from job discrimination on the basis of their age.
Disability — Persons with disabilities are protected from job discrimination. A person with a disability is someone who has "a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of such impairment, or who is regarded as having such an impairment." Disabilities may be "visible," such as use of a wheelchair or cane, or "hidden" such as a heart condition, mental illness, or HlV-related condition.
Exceptions to Protections
There are only two main exceptions to the anti-discrimination requirements imposed by EE0 Laws.
1. A bona-fide occupational qualification (BFOQ) is a job requirement that permits an employer to legally discriminate on the basis of sex, age, religion, or national origin. Race and color are never a BFOQ. Sex may be a BFOQ where privacy is an issue, such as a woman attendant working in a women's halfway house. However, sex is not a BFOQ for heavy physical work since some women are physically powerful. Age can be a BFOQ when there is an issue of public safety, such as for commercial airline pilots.
2. Employers may demonstrate that a challenged practice is job-related for the position in question and consistent with business necessity.
Proceed to Part Two
Notice
Federal and state Equal Employment laws as well as the court decisions that interpret them represent a vast and quickly changing body of law. Staying on top of recent developments in connection with EEO laws represents a daunting task. The purpose of this document is to briefly summarize EEO laws and to provide employees with a brief and general overview of how these laws may apply at work.
While this information is factual, it does not constitute legal advice. In particular, the information is not to be taken as warranty or representations for which ProGroup assumes legal responsibility. Legal counsel or other professional help should be sought for advice and guidance in specific situations.
Compliance with any applicable federal, state or municipal laws, rules, regulations or standards is an individual responsibility of management. Any use of the information contained in this Guide must be determined by managers to be in accord with your organization's policies and with applicable federal, state and local laws. The use of this Guide cannot assure complete compliance with any applicable standard, law, or regulation. |
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