...history and instrumental in protecting the rights of individuals from employment discrimination. Title VII of the legislation was designed to protect U.S. employees. This Title also established the U.S. Equal Employment Opportunity Commission with the intent to protect U.S. employees from discrimination as the body to enforce the provisions of the law. Equal employment opportunity was further enhanced in 1965 with Executive Order 11246 which prohibited federal contractors from discriminating against employees on the basis of race, sex, creed, religion, color, or national origin. Equal Employment Opportunity has been an effort to provide African-American, women, and other classes of individuals in society who did not have access to the same employment opportunities in both the private and public sector. The issues explored related to equal employment in the public sector are: • Oversight and Coordination • Scope of “Protected Classes” • Monitoring and Reports • Enforcement Equal Employment Opportunity Act of 1974 The U.S. Equal Employment Opportunity Commission (EEOC) provides oversight and coordination of federal equal opportunity regulations, practices, and policies. Equal Employment Opportunity Act of 1974, brought all state, local, and federal government agencies covered under Title VII of the Civil Rights Act of 1964. Federal laws for workplace and employee discrimination are enforced by several federal agencies. Employees may not be aware of their...
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...legislation, anti-discrimination legislation and managing diversity approaches. Discuss. Equality is the complicated theory to explain because of the wide variety of meaning attached to concept. Depends on the article of Jewson and Mason’s (1986), they express the equality in liberal and radical approach. In the liberal view, equal opportunity, this exists when all individuals are freely able to compete for social rewards. As Webb (1977) said, the liberal approach which is according to a belief in the rights of the individual to universally possible standards of justice and citizenship. The emphasis is on the individual, for example job selection should be focus on the merit of individual which performs fairly. On the other hand, the radical approach is to achieve not only the equal opportunity, but also the equal outcome. Compare to liberal approach, the focus of the radical approach is not on individuals, but on groups. “The ideal of the radical approach is a situation where every workforce is representative of all the social groups available to it” (Kaler, 2001: 53). For instance, although individual who is the group representative, the principle of selection will not choose the merit alone. To conclude, equality can be theorized in liberal and radical approach. Regard to the complicated conception of equality, to get the equal opportunity in employment which also is a complex and huge progress. It requires a mix of affirmative action legislation, anti-discrimination legislation...
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...Assignment 3.2: Thought Assignment In December 1997, the EEOC released the “Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms”. This guidance outlines employers and staffing firm obligations as they apply to anti-discrimination statues under federal law. Applicable laws include Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA). Under law, companies with greater than 20 employees are subject to regulations under the ADEA, greater than 15 employees under the ADA, and greater than one under the EPA. “Employee” is defined in “Coverage Issues” and clearly differentiated from independent contractors for the purpose of determining application of the EEO guidance. The guidance around employee status, while detailed, requires that employers examine each situation on a case-by-case basis in order to determine employee status under law. Because the employer and its staffing firm are jointly responsible for the following of EEO guidelines, employers should consistently follow EEO guidelines regardless of employee status. My company currently engages staffing agencies and Recruitment Process Outsourcing (RPO’s) for the purposes of placing both contract and fulltime employees across all areas of our business. As we establish and maintain relationships with our external suppliers...
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...Equal Employment Opportunity and Discrimination By BUS335 Professor Richard Primo Have you ever been discriminated against on your job? Were you denied a right because of sex or race? Well today may your lucky day, in this paper I will be talking about an organization that helps people to fight against discrimination. This organization is abbreviated as EEO and it stands for Equal Employment Opportunity. Equal Employment Opportunity means that everyone will have a fair chance at obtaining jobs, benefits and services regardless if they are the employee or prospective employee of a company. Equal Employment Opportunity is set up to make sure that companies are fair in all areas of employment. Some of these areas include ensuring that there are fair practices in the workplace, that all management decisions are being made without bias, that the best people are being recruited and/or promoted on the job, the workplace is free of harassment and discrimination, and that employers are respecting cultural backgrounds of all staff and customers. People have a right to be judged on their performance or merit not based on discriminatory factors. Discrimination is any action that excludes a person or a group of people from an opportunity for personal reasons not relating to the job or position applying for. If a man and a woman have the same credentials for a position and management does not even consider the woman for the job...
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...happened. 2) Equal Employment Opportunity (EEO) * All individuals should have equal treatment in all employment-related actions. Discrimination * “Recognizing differences among items or people.” Protected Category * A group identified for protection under EEO laws and regulations. •Race, color • gender • Age •Disability • Religion • Sexual orientation 3) Illegal employment discrimination: Protect category: Disparate treatment: Occurs when members of group are treated differently from others. * Occurs in employment-related situations when either: * Different standards are used to judge different individuals, or the same standard is used, but it is not related to the individuals’ jobs. Disparate impact: occurs when members of a protected category are substantially underrepresented as a result of employment decision work to their disadvantage. 4) EEO Concepts: Business necessity is a practice necessary for safe and efficient organizational operations. Job relatedness is employers are expected to use job- related employment practice BFOQs is characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal base of consideration. Burden of prove: what individual who file suit against employers must prove in order to establish that illegal base of consideration has occurred * When employee want file a suit for illegal discrimination, he or she must prove * Be a member of...
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...multiculturalism has always been the most important dimension of diversity in Western countries, including the EU nations, Aus and NZ. * Similarly, while religion and ethnicity separate people in India, household status (hukou) differentiates off-farm migrants from urbanities in China. * In response to the growing diversity in the WF around the world, many companies have instituted specific policies/programs to enhance recruitment, inclusion, promotion and retention of disadvantaged groups * DM has historically been used to provide a legally defensible position against charges of discrimination (free-standing approach to managing diversity (Dass and Parker, 1999) – in line with EEO and AA that emerged from the civil rights movement in the USA in the 1960s * DM is a movement away from traditional EEO policies, rather than being driven by legislation, driven by the business case * In addition,...
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...June 4, 2015 Mr. M****** S******** Summary Equal Employment Opportunity laws are in place to prohibit any job discrimination in any workplace. In The Department of Labor they have two agencies that deal with EEO monitoring and enforcement, one agency is the Civil Rights Center and the other is Office of Federal Contract Compliance. For the rights of employees the federal, state and regulations protect them. Any employee is protected under few of these federal laws, that team C will be going over. First will touch base on Age Discrimination in Employment Act of 1978, Family and Medical Leave Act 1993, and Employee Monitoring. * Age Discrimination in Employment Act of 1978 * Enacted to protect employees ages 40 to 65 from discrimination. In 1986 amended to eliminate the upper age limit altogether (DeCenzo & Robbins, 2007) * Congress decided to pass the ADEA because of an oversight about the older working force, there was a case in 2008 Gomez v. Potter that allowed federal workers who experienced retaliation for filing a claim based on the law to sue the company for damages. * Family and Medical Leave Act * There was no case that established the law. It was put in place to help working families balance work and family life. Ragsdale v. Wolverine World Wide, Inc. (2002) * Permits employees in organizations of 50 or more workers, each state...
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...g. V. Improvement h. Women i. People with disabilities j. lack of accountability k. negative attitudes VI. Case Studies l. McDonnell Douglas Corp vs. Percy Green m. Four factors n. Morton v Mancari History of the Law There were several different titles passed by different Presidents leading up to the Employment act of 1972. They are as followed in order: * In June 1941, the day before World War II, President Franklin D. Roosevelt signed Executive Order 8802 prohibiting government contractors from engaging in employment discrimination based on race, color, or national origin. * In July 1948, President Harry S. Truman orders the desegregation of the Armed Forces by Executive Order 9981. * In March 1961, President John F. Kennedy signs Executive Order 10925 prohibiting federal government contractors from discriminating because of race and establishing the President's Committee on Equal Employment Opportunity. * In June 1963, Congress passes the Equal Pay Act of 1963 (EPA) protecting men and women who perform equal work in the same establishment from sex-based wage discrimination. (Unfortunately, many different studies show that men still typically get paid higher than women in some establishments.) * The Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations,...
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...Employment Opportunity Laws 4 Affirmative Action 6 Effects of EEO and AA on Women Sports 7 Effects on EEO and AA on women playing sports 7 Effects of EEO and AA on women coaching sports 9 Effects of EEO and AA on women in administration………………...11 Section III. Summary and Conclusions 14 References ............... 17 INTRODUCTION Women in sports have indeed come a long way. Years ago it was socially unacceptable for women to do anything other than cook and clean. Men dominated the work place and the sports industry. But eventually women got fed up with being treated less significant than their male counterparts and began protesting. Not until the mid-1950s and early 1960s did nondiscriminatory employment become a strong social concern (Bohlander & Snell, 2004). While women were just beginning to make a name for themselves, the government began regulating Equal Employment Opportunity (EEO) by passing a series of laws, in an attempt to correct social problems of interest to particular groups of workers, including women. EEO laws have made a major impact on women in all industries, but especially on women in sports. While EEO laws focused on non-discrimination, affirmative action went beyond providing equal employment opportunity. Affirmative action (AA) required employers to become proactive and develop a plan to correct areas of past discrimination (Bohlander & Snell, 2004). However, both EEO laws and AA have paved the way for women to not only play...
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...effective utilization and maximum development of human resources. Along with these responsibilities the human resources department also have regulations they have to follow such as the Equal Opportunity Commission (EEOC). This commission established on July 2, 1965, and is listed under the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA),[7] the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, and the ADA Amendments Act of 2008.The U.S. Equal Employment Opportunity Commission (EEOC) 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, color, 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. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered by these laws. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and...
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...I INTRODUCTION This memorandum outlines the legal basis of the recent lawsuit brought against us for a possible violation of Title VII of the Civil Right Act of 1964 from a former employee. This memorandum addresses this specific lawsuit and how our company should respond to the allegations. II DISCUSSION Today’s workforce has a variety of diverse individuals with unique characteristics that make our employees stand apart from each other. As a company we must work within boundaries set by company standards and laws set forth by the government to shape our staff into successful employees who will provide to the continual success of this company. By motivating employee creativity and providing flexibility in the company will assist in employee retention and continual company growth. With this being said, we have changed our working hours to accommodate our growth from a traditional Monday through Friday work week and 8 hour shifts to a Monday through Sunday continuous work week with 12 hour shifts. The change was made only to the employees who work with the production department and was due to increase in company growth. This new schedule provides a rotating shift in which the employees work four 12 hour days then receive four days off. The constructive discharge claim is supported by U.S. Equal Employment Opportunity Commission laws and regulations guidance policy and states, “The law requires an employer to reasonably accommodate an employee's religious beliefs...
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...Green were two landmark cases in Title VII of the civil rights act. The cases led to a legal standard and framework which are still followed today in discrimination court cases. It is important for human resource departments to take steps in order to eliminate or greatly reduce discrimination in one’s company. Griggs v. Duke Power Company was an employment discrimination case that dealt with the legitimacy of high school diplomas and entrance intelligence test scores as requirements for employment. The court ruled unanimously opposing these requirements for employment at Duke Power Company. The result of the case led to employers being able to use intelligence tests only if they demonstrate a reasonable measure of...
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...known as a public entity. Predetermined hypothetical comparisons and contrasts were also mentioned in the article. The comparisons mentioned between the two sectors were on worker productivity, organizational effectiveness and public scrutiny. The contrasts were centered on monetary focus, transparency of goals, the framework of governing, how to measure competence. Previous Research Analyzed The Authors analyzed previous studies of discrimination amongst the entities. Other readings have essentially investigated prejudice trends within each entity, with the majority of the studies centering on the public entities. Federal government’s equal employment opportunity recruitment programs, Federal Glass Ceiling Commission, and federal court cases were also examined. Studies that the authors mention reveal public sector may have less discrimination trends. However, these readings do not measure validity since they only measured prejudice-related variables. Method of Research Dr. Leasher and Dr. Miller used the OCRC database to research discrimination claims. The four leading bases of claims on record were race, gender, disability, and age which were under the state law of Ohio or federal the law. Analysis of Hypotheses Findings The Authors found: - Race counted for 34.1% of all claims - Gender counted for 17.7% of all claims - Disability counted for 15.1% of all claims - Age counted for 11.0% of all claims - Retaliation counted for 14.6% of all claims “Logistic regression...
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...model the first step is unfreezing. In this situation recognizing the need for change should have become apparent when Rev. Joseph Wheeler the president of the local NAACP brought discrimination concerns to officials at the Coca-Cola Company. Rather than accepting this information and investigating on their own, they simply dismissed this information because the Reverend was not a lawyer. This was a perfect opportunity for the Coca-Cola company to begin the unfreezing process and begin some much needed changes but unfortunately it did not happen and a lawsuit followed. The actual unfreezing began when Ivestor was basically forced to resign his position. This was an important step because Ivestor seemed to be in a state of denial of any wrong doing whatsoever by the company. Once he was replaced by Daft the outlook for the company’s diversity challenges seemed to change. Daft brought a new perspective to the company that included “being seen as a model citizen.” This is important because Coca-Cola is a company that depends on its image. They sell products by associating their drinks with good feelings and happiness. A company that is seen as discriminating against minorities hardly produces any good feelings. The reshaping of the company’s culture further included implementation of the EEO task force and naming Ware Vice President of Global Public Affairs. Additional reshaping of the company occurred when the company finally accepted that they had made major HR mistakes...
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...Because of this, some of the working days fell on the former- employee’s religious holy day. The employee in question quit shortly after the implementation of the new rule. The former employee has filed a constructive discharge claim because of the newly implemented rule. As part of my research, a constructive discharge claim occurs when an employee claims that their working conditions were so intolerable that he/she was forced to quit (Alexander Hamilton Institute, 2011). The plaintiff (our former employee) in this case will need to be able to show the Court that working conditions were not tolerable and forced him/her to resign their position on the production floor. In addition, the plaintiff will need to show prima facie evidence that the said discrimination actually occurred (legal-dictionary, 2014). In a case, Gregory Lawson vs. State of Washington 2002, it pointed out three important Prima Facie evidences that would be necessary for this type of a case, the plaintiff has a genuine religious belief that conflicted with their duties, the plaintiff informed their employer of their beliefs, and the company/employer subjected the plaintiff to discriminatory treatment (Caselaw.findlaw.com, 2014). Based on the information that has been obtained and the current...
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