Discussion 2: EEOC Authority - 750 Words Min

Lecture: Nature of Equal Employment Opportunity

Throughout my work in industry, I emphasized training and compliance with labor laws and employment regulations. Due to constant changes in society, it is critical for managers to be knowledgeable about Equal Employment Opportunity (EEO) laws to assure fair labor practices.

For example, I witnessed multiple situations when human resource professionals helped avoid employment discrimination at the workplace. One of our mantra was to make sure that supervisors and managers outside the Human Resource Department were not only knowledgeable about EEO laws and federal and state regulations but they enforced these consistently and fairly.

Our HR team developed clear employment policies and followed the procedural guidelines. We regularly communicated with employees and announced changes or updated in employment policies with transparency across the organization. In enforcing the policies, we focused on assuring that all employees were treated equally regardless of their age, gender, ethnicity, national origin, race, and marital or military status.

We also followed state laws to assure compliance with employment regulations. In some cases, state laws provided more protection for employees than federal regulations. For example, according to California law (not federal law), employees can not discriminate based on sexual orientation.

In making  employee related decisions, our team always considered job requirements and the skills needed to perform the job. This is an essential element of EEO regulations as according to these, employers are required to make employment decisions based on job requirements not based on any of the protected characteristics as that would constitute illegal discrimination. Under federal, state, and local laws, employers must follow the EEO laws and regulations.

Lecture: Sources of Regulations and Enforcement

There are many regulations and enforcement bodies that help prevent discrimination. The following are sources of employment regulations and enforcement that HR professionals must enforce:

Congress enacts federal statutes. Federal and state government departments, agencies, and contractors must be aware of and comply with executive orders.

In dispute situations, employers may be subject to relevant case law at the level of federal, state, or local legislation. Case law may be used as a guide for how the employer should comply with employment regulations. Enforcement of employment laws are assured by:

· Equal Employment Opportunities Commission (EEOC)

· U.S. Department of Labor (DOL) has a broad enforcement power

The Office of Federal Contract Compliance Programs (OFCCP) enforces government contract employment guidelines and requirements for federal contractors and sub-contractors. State agencies have enforcement rights over state employment laws and legislation

Multinational organizations are required to follow both national (home-country) laws and international laws. This increases the complexity of employment regulations as many foreign countries have different employment laws than the laws used in the United States. Companies conducting business in the EU must comply with EU employment laws and NAFTA employment regulations should be followed for employment practices for those doing business in NAFTA countries. Similarly, international trade agreements in other parts of the world regulate employment practices of companies doing business globally.

Lecture: EEOC Complaint Process

As an HR professional, I had opportunity to participate in EEOC complaints on several occasions. This can be a long and extended process that usually requires multiple parties and extensive meetings and documentations with hearings involved. The EEOC has field offices nationwide in the United States. Any individual who believes they have been the victim of discrimination can file a complaint at any EEOC field office.

Human resource professionals should be aware of the EEOC complaint process. The employer has certain rights and obligations, including time frames for action. HR managers should be knowledgeable of the employment laws and regulations as they might be required to gather information, provide documentation, work with attorneys, and negotiate remedies.

The following are two main categories of possible illegal employment discriminations:

· Disparate treatment: This means an individual is treated differently than others in a similar situation, based on one or more of the protected areas.

· Disparate impact: This occurs when an individual in a protected category is treated adversely due to which the individual suffers a disparate impact.

However, in certain job categories, employers may use specific requirements in hiring decisions. For example, firefighters are often required to lift heavy weight objects thus this is an essential part of the job required to be performed by the employee.

To comply with key EEO ideas and practices, employers are required to apply four main concepts as follows:

· Business Necessity: Is the treatment and impact on employees fair to all in providing safe work environments?

· Bona Fide Occupational Qualification (BFOQ): Are there any requirements for specific qualifications to perform the job?

· Burden of Proof: Employees must provide evidence of unlawful activity in the workplace for filing a suit.

· Non-retaliatory Practices: Employers should not use retaliation to punish employees for legal disputes.

In my experience related to employment dispute cases, employers usually were able to defend employment practices when they documented and proved that their employment practices followed the guidelines of the four main EEO concepts noted above.

Lecture: Broad-Based Discrimination Laws

During my work in supervising and managing employees, it was very important that our HR team developed policies and practices that complied with employment discrimination laws.

Based on my experience, employees have felt more secure and were committed to perform their jobs, when they seemed assured that their rights were protected by the human resource policies and procedures of the company. Therefore, HR professionals need to understand the broad-based discrimination laws and apply these to avoid any form of discrimination in the workplace. 

The following are important discrimination laws that organizations must comply with:

According to the Pregnancy Discrimination Act (PDA) of 1978, organizations must assure equal employment and fair treatment of women in the workplace.

Furthermore, employers are required to pay wages fairly and equally according to the Equal Pay Act of 1963. Differences in pay should be based only on the quality or quantity of production and job-related factors.

Lecture: Addressing Discrimination

As a professional woman, having started my career in New York in the eighties, I experienced quite different treatment of women in the workplace than what we have today.  Employment laws have evolved a great deal in the last 30 years. However, it remains to be critical to assure the equal and fair treatment of employees regardless of their gender and other protected characteristics according the federal, state laws, and labor regulations.

Megan Kelley's recent book: Settle for More has a chapter on sexual harassment cases that occurred allegedly at Fox News Network. The popular news anchor describes that female employees may have been subject to sexual advancements that are illegal at the workplace. She reassures women to say No to any illegal sexual advancement and report it to human resources and legal counsel as soon as possible. No employer has the right to take advantage of employees using illegal discrimination. Organizations must protect the rights of all employees for providing a safe and fair work environment.

Sexual Harassment

Sexual harassment in the workplace should not be tolerated at any level. Any unwanted sexually oriented advancement is illegal and should be reported to the employer.

Types of sexual harassment:

· Quid pro quo: This relates to requiring an employee to provide sexual favors in lieu of their employment

· Hostile environment: This refers to making an individual uncomfortable at the workplace due to creating physical or emotional stress caused by sexual intimidation

Employers need to establish clear policies for sexual harassment by providing specific guidelines, training, and procedures for reporting and examining possible complaints

Disability Discrimination

The guiding rule to avoid any form of discrimination of disability in employment is the Rehabilitation Act of 1973.

Individuals with disabilities at the workplace are protected by the Americans with Disabilities Act (ADA) of 1990 (amended in 2009). The definition of disability rests on a person's medical condition.

Discrimination claims have risen over time as the ADA has broadened.

As long as a disabled employee can perform the essential job functions, managers should not discriminate because of the disability.

Employers are required to provide reasonable accommodation to disabled employees. For example, sitting or standing on the job could be assisted with physical adjustments as needed to allow them to perform the required job functions.

However, employers are not required to endure undue hardship in providing accommodations for disability at the workplace if it would be unreasonably expensive or difficult to modify the working conditions.

Age, Religion, Military, and Other Discrimination

Religion Discrimination

Many different religions are practiced in the US. Islamophobia is a term used for showing hatred or fear of Muslims. This was an issue after 9/11 and has recently emerged due to increased terrorism in the world and United States.

To avoid discrimination based on religion, the EEOC recommends employers to allow flexible work schedules providing opportunity for pray time or other religious holidays, offering alternative dress rules, eating options, and showing respect for differences in religious views

Military Discrimination

Military veterans are protected at the workplace according to the Vietnam Era Veterans Readjustment Act of 1974 and the Uniformed Services and the Employment and Reemployment Rights Act (USERRA) of 1994.

Height and Weight Discrimination

Height and weight requirements must be related to the job. Employers should not discriminate employees based on their height and weight as these are part of protected characteristics.

Lecture: Immigration Reforms and Labor Practices

As an immigrant myself, coming to the U.S. in 1979, I know very well the opportunities that this country can provide for legal immigrants. I came with a strong determination to fulfill my dream to pursue my future in this country because I believed that it is the greatest country in the world to live in freedom allowing people to reach their potential. I came with a 6-month visa but immediately started legal procedures to become a naturalized citizen. Once I received my work authorization, I was eager to do my best to contribute to U.S. corporations. It took seven years to become a U.S. citizen. It was one of my best moments in life that I cherish forever. I have never regretted that I left my family and country behind because I found a lot more in this country than I would have ever had in my native country. I am proud to be an American.

Throughout the history, immigrants have come to find employment and enter the workforce in advanced foreign countries for many centuries. Most immigrants dream about new opportunities they would never see in their home country in their lifetime.

Many immigrants have become productive employees in their new country and contributed their talents, skills, and innovation to on-going economic growth. To work legally, it is necessary to follow the immigration laws. Several countries have recently revised their immigration laws to allow for the hiring of foreign workers.

Some of the concerns with immigrant workers relate to social issues in developed countries. Critics note the following concerns:

According to opponents, it is expensive to provide health care, education, and social services for the children and families of immigrant workers. For example, anti-immigration groups in Europe claim that increased immigration contributes to increasing crimes in cities, reduces educational standards and destroys communities.

However, recent studies conducted by the EU do not seem to validate a direct cause-and-effect link between crime, unemployment, and immigration.

In many advanced countries like France, Germany, Canada and the United States, many immigrants live in segregated communities maintaining their customs and traditions while their children learn and speak their native language. This slows cultural adaptation of the new generation of immigrants and delays assimilation to the mainstream population.

Other issues relate to the negative consequences of immigration affecting the sending countries. For example, when large numbers of high-skilled labor and professionals leave their native countries, it creates a "brain drain," which is a significant problem in developing countries because they lose high-skilled professionals that would be critical to their economic development.

Opponents to immigration note that immigration may lead to overcrowding and housing crisis that could contribute to increasing poverty and public health problems in the receiving country.

According to the Immigration Reform and Control Act (IRCA) of 1986, employers are required to verify the employment status of all employees while not discriminating because of national origin or ethnic background.

Managers need to integrate immigrant workers in to the organization and local community. One of the challenges to formulate a socially responsible immigration policy is to balance the positives and negatives of international immigration.

Employers may require workers to speak only English if there is a business necessity to do so. Human resource professionals should help resolve language barriers and discrimination issues in the workplace to help immigrant workers learn skills and competencies needed to perform their jobs efficiently and productively and develop a supportive environment and organization culture of inclusiveness and engagement in the workplace.

Lecture: Diversity Training

We live in a multi-cultural, global society where diversity has become an important element at the workplace. In my work at various organizations, I saw how diversity of opinions and multiple backgrounds can benefit decision-making and employee morale. I found that when employers embrace differences and appreciate and respect employee involvement and participation, the organization can respond to challenges more effectively. Therefore, diversity is an important aspect of value creation through human resources that must be nurtured and supported by human resource professionals. 

Diversity training and cultural assimilation are important to assure the understanding of differences in behavior, expectations, and attitudes are crucial to assure success of a diverse workforce.

To develop effective employment training programs to assimilate immigrant workers, human resource professionals need to consider and analyze differences between cultural norms and behaviors of immigrant workers and these effects on workforce practices to help alleviate employment related conflicts and increase job performance.

The following are three important issues in diversity:

· Legal understanding - Training on employment laws and diversity practices

· Cultural understanding - Develop awareness of cultural differences to help employees accept and appreciate different cultural values and norms

· Sensitivity training - Help employees relate to people with different backgrounds with sensitivity and understanding to see things from different points of views.

Employers today are increasingly interested in hiring employees who possess certain soft skills such as open-mindedness, positive outlook, and non-judgmental attitudes.

For diversity in the workplace, it is critical that human resource professionals develop an inclusive workplace environment that has fair employment practices, accepts and appreciates various individual backgrounds (different ethnicity, race, religion, and cultural values), and establishes clear guidelines for job standards and behaviors at the workplace.

Diversity training must emphasize that people can have different backgrounds and values as long as they all contribute positively to job performance and achieving organizational goals constructively and effectively.