Us Equal Employment Opportunity Commission Law Employment Essay

Published Date: 02 Nov 2017

INTERNATIONAL BUSINESS & COMMUNICATION PROGRAMME

BACHELOR STUDIES

III year student

Rasa BartulytÄ—

2013-04-16

Employment discrimination according U.S. Equal Employment Opportunity Commission (EEOC)

Supervisor:

  Lect. Mitja Kovač

VILNIUS, 2013

Table of Contents

Introduction

Discrimination

We could divide discrimination in two main types:

Direct discrimination, which occurs where an employer or prospective employer treats a person less favourably than another on the stated grounds, as where an employer refuses, on discriminatory grounds, to grant a suitably qualified person an interview for a job. In addition, the segregation of workers once in employment on discriminatory grounds is also unlawful direct discrimination (Keenan & Riches, Business Law, 2007)

Indirect discrimination, as where an employer has applied requirements or conditions to a job but the ability of some persons to comply because of sex, disability, marital status or race is considerably smaller and cannot be justified. (Keenan & Riches, Business Law, 2007)

Employment discrimination

Employment discrimination also can be called work place discrimination or labour force discrimination.

Discrimination in employment and occupation takes many forms, and occurs in all kinds of work settings. It entails treating people differently because of certain characteristics, such as race, colour or sex, which results in the impairment of equality of opportunity and treatment. In other words, discrimination results in and reinforces inequalities. The freedom of human beings to develop their capabilities and to choose and pursue their professional and personal aspirations is restricted, without regard for ability. Skills and competencies cannot be developed, rewards to work are denied and a sense of humiliation, frustration and powerlessness takes over. (International Labour Organization)

U.S. Equal Employment Opportunity Commission (EEOC)

The U.S. Equal Employment Opportunity Commission (EEOC) was established in 1972 and is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, colour, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. (U.S. Equal Employment

Opportunity Commission)

Types of discrimination by EEOC

Age

Age discrimination includes treatment of an applicant or employee les favourably because of his/her age. There is the Age Discrimination in Employment Act (ADEA) which forbids only age discrimination against people which are 40 age years or older, though some U.S. states have laws that are protecting young workers from discrimination.

In workplaces it is illegal to favour younger workers over the older ones even if both employees are at age 40 or older. And discrimination occurs when both victims are over age of 40. For example, you cannot give offensive remarks about people age.

Disability

Disability discrimination occurs when an involved entity covered by the Americans with Disabilities Act, or the Rehabilitation Act, treats a qualified individual unfavourably, because he or she has a disability.

Disability discrimination could also occur when employer or other entities are treaded unfavourably because he or she has a history of a disability (such as cancer) or because he or she is believed to have a physical or mental disability.

There are laws that require an employer to provide appropriate accommodation to an employee or job applicant which has a disability.

The law also protects people from discrimination based on their relationship with a person with a disability. For example, it is illegal to discriminate against an employee because her husband has a disability.

Equal Pay/Compensation

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.

Genetic Information

Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members. Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.

According to Genetic Information Non-discrimination Act (GINA), it is illegal to discriminate against employees or applicants because of genetic information. GINA prohibits the use of genetic information in making employment decisions, restricts employers from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

National Origin

National origin discrimination involves treating people unfavourably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background.

National origin discrimination also can involve treating people unfavourably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group.

Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.

Pregnancy

Pregnancy discrimination involves treating a woman unfavourably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Race/Colour

Race discrimination involves treating someone unfavourably because he or she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin colour, or certain facial features). Colour discrimination involves treating someone unfavourably because of skin colour complexion.

Race/colour discrimination also can involve treating someone unfavourably because the person is married to (or associated with) a person of a certain race or colour or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain colour.

Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or colour.

Religion

Religious discrimination involves treating a person (an applicant or employee) unfavourably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.

Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.

Retaliation

All of the laws we enforce make it illegal to fire, demote, harass, or otherwise "retaliate" against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

For example, it is illegal for an employer to refuse to promote an employee because she filed a charge of discrimination with the EEOC, even if EEOC later determined no discrimination occurred.

Sex

Sex discrimination involves treating someone (an applicant or employee) unfavourably because of that person's sex.

Sex discrimination also can involve treating someone less favourably because of his or her connection with an organization or group that is generally associated with people of a certain sex.

Discrimination against an individual because that person is transgender is discrimination because of sex in violation of Title VII.  This is also known as gender identity discrimination.  In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims.  These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's non-conformance with sex-stereotypes.

Sexual Harassment

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Punishment for discrimination