The Eeoc Essay, Research Paper
Federal Laws Prohibiting Job Discrimination
Questions And Answers
Federal Equal Employment Opportunity ( EEO ) Laws
I. What Are the Federal Laws Prohibiting Job Discrimination?
? Title VII of the Civil Rights Act of 1964 ( Title VII ) , which prohibits employment favoritism based on race, colour, faith, sex, or national beginning ;
? the Equal Pay Act of 1963 ( EPA ) , which protects work forces and adult females who perform well equal work in the same constitution from sex-based pay favoritism ;
? the Age Discrimination in Employment Act of 1967 ( ADEA ) , which protects persons who are 40 old ages of age or older ;
? Title I of the Americans with Disabilities Act of 1990 ( ADA ) , which prohibits employment favoritism against qualified persons with disablements in the private sector, and in province and local authoritiess ;
? Section 501 of the Rehabilitation Act of 1973, which prohibits favoritism against qualified persons with disablements who work in the federal authorities ; and
? the Civil Rights Act of 1991, which provides pecuniary amendss in instances of knowing employment favoritism.
The Equal Employment Opportunity Commission ( EEOC ) enforces all of these Torahs. EEOC besides provides inadvertence and coordination of all federal equal employment chance ordinances, patterns, and policies.
Discriminatory Practices
II. What Discriminatory Practices Are Prohibited by These Laws?
Under Title VII, the ADA, and the ADEA, it is illegal to know apart in any facet of employment, including:
? hiring and fire ;
? compensation, assignment, or categorization of employees ;
? transportation, publicity, layoff, or callback ;
? occupation advertizements ;
? enlisting ;
? testing ;
? usage of company installations ;
? preparation and apprenticeship plans ;
? periphery benefits ;
? wage, retirement programs, and disablement leave ; or
? other footings and conditions of employment.
Prejudiced patterns under these Torahs besides include:
? torment on the footing of race, colour, faith, sex, national beginning, disablement, or age ;
? revenge against an person for registering a charge of favoritism, take parting in an probe, or opposing prejudiced patterns ;
? employment determinations based on stereotypes or premises about the abilities, traits, or public presentation of persons of a certain sex, race, age, faith, or cultural group, or persons with disablements ; and
? denying employment chances to a individual because of matrimony to, or association with, an person of a peculiar race, faith, national beginning, or an single with a disablement. Title VII besides prohibits favoritism because of engagement in schools or topographic points of worship associated with a peculiar racial, cultural, or spiritual group.
Employers are required to post notices to all employees reding them of their rights under the Torahs EEOC enforces and their right to be free from revenge. Such notices must be accessible, as needed, to individuals with ocular or other disablements that affect reading.
III. What Other Practices Are Discriminatory Under These Laws?
Title VII
Title VII prohibits non merely knowing favoritism, but besides patterns that have the consequence of know aparting against persons because of their race, colour, national beginning, faith, or sex.
National Origin Discrimination
? It is illegal to know apart against an single because of place of birth, lineage, civilization, or lingual features common to a specific cultural group.
? A regulation necessitating that employees speak merely English on the occupation may go against Title VII unless an employer shows that the demand is necessary for carry oning the concern. If the employer believes such a regulation is necessary, employees must be informed when English is required and the effects for go againsting the regulation.
The Immigration Reform and Control Act ( IRCA ) of 1986 requires employers to guarantee that employees hired are lawfully authorized to work in the U.S. However, an employer who requests employment confirmation merely for persons of a peculiar national beginning, or persons who appear to be or sound foreign, may go against both Title VII and IRCA ; confirmation must be obtained from all appliers and employees. Employers who impose citizenship demands or give penchants to U.S. citizens in engaging or employment chances besides may go against IRCA.
Extra information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 ( voice ) , 1-800-237-2515 ( TTY for employees/applicants ) or 1-800-362-2735 ( TTY for employers ) .
Religious Adjustment
? An employer is required to reasonably suit the spiritual belief of an employee or prospective employee, unless making so would enforce an undue adversity.
Sexual activity Discrimination
Title VII & # 8217 ; s wide prohibitions against sex favoritism specifically cover:
? Sexual Harassment & # 8211 ; This includes patterns runing from direct petitions for sexual favours to workplace conditions that create a hostile environment for individuals of either gender. ( The & # 8220 ; hostile environment & # 8221 ; criterion besides applies to harassment on the bases of race, colour, national beginning, faith, age, and disablement. )
? Pregnancy Based Discrimination & # 8211 ; Pregnancy, childbearing, and related medical conditions must be treated in the same manner as other impermanent unwellnesss or conditions.
Additional rights are available to parents and others under the Family and Medical Leave Act ( FMLA ) , which is enforced by the U.S. Department of Labor. For information on the FMLA, or to register an FMLA ailment, persons should reach the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor.
Age Discrimination in Employment Act ( ADEA )
The ADEA & # 8217 ; s wide prohibition against age favoritism besides specifically prohibits:
? statements or specifications in occupation notices or advertizements of age penchant and restrictions. An age bound may merely be specified in the rare circumstance where age has been proven to be a bona fide occupational making ( BFOQ ) ;
? favoritism on the footing of age by apprenticeship plans, including joint labor-management apprenticeship plans ; and
? denial of benefits to older employees. An employer may cut down benefits based on age merely if the cost of supplying the decreased benefits to older workers is the same as the cost of supplying benefits to younger workers.
Equal Pay Act ( EPA )
The EPA prohibits favoritism on the footing of sex in the payment of rewards or benefits, where work forces and adult females perform work of similar accomplishment, attempt, and duty for the same employer under similar on the job conditions.
Note that:
? Employers may non cut down rewards of either sex to equalise wage between work forces and adult females.
? A misdemeanor of the EPA may happen where a different pay was/is paid to a individual who worked in the same occupation before or after an employee of the opposite sex.
? A misdemeanor may besides happen where a labour brotherhood causes the employer to go against the jurisprudence.
Title I of the Americans with Disabilities Act ( ADA )
The ADA prohibits favoritism on the footing of disablement in all employment patterns. It is necessary to understand several of import ADA definitions to cognize who is protected by the jurisprudence and what constitutes illegal favoritism:
Individual with a Disability
An person with a disablement under the ADA is a individual who has a physical or mental damage that well limits one or more major life activities, has a record of such an damage, or is regarded as holding such an damage. Major life activities are activities that an mean individual can execute with small or no trouble such as walking, external respiration, seeing, hearing, speech production, acquisition, and working.
Qualified Individual with a Disability
A qualified employee or applier with a disablement is person who satisfies accomplishment, experience, instruction, and other job-related demands of the place held or desired, and who, with or without sensible adjustment, can execute the indispensable maps of that place.
Reasonable Adjustment
Reasonable adjustment may include, but is non limited to, doing bing installations used by employees readily accessible to and useable by individuals with disablements ; occupation restructuring ; alteration of work agendas ; supplying extra unpaid leave ; reassignment to a vacant place ; geting or modifying equipment or devices ; seting or modifying scrutinies, developing stuffs, or policies ; and supplying qualified readers or translators. Reasonable adjustment may be necessary to use for a occupation, to execute occupation maps, or to bask the benefits and privileges of employment that are enjoyed by people without disablements. An employer is non required to take down production criterions to do an adjustment. An employer by and large is non obligated to supply personal usage points such as spectacless or hearing AIDSs.
Undue Hardship
An employer is required to do a sensible adjustment to a qualified person with a disablement unless making so would enforce an undue adversity on the operation of the employer & # 8217 ; s concern. Undue adversity means an action that requires important trouble or disbursal when considered in relation to factors such as a concern & # 8217 ; size, fiscal resources, and the nature and construction of its operation.
Prohibited Inquiries and Examinations
Before doing an offer of employment, an employer may non inquire occupation appliers about the being, nature, or badness of a disablement. Applicants may be asked about their ability to execute occupation maps. A occupation offer may be conditioned on the consequences of a medical scrutiny, but merely if the scrutiny is required for all come ining employees in the same occupation class. Medical scrutinies of employees must be job-related and consistent with concern necessity.
Drug and Alcohol Use
Employees and appliers presently prosecuting in the illegal usage of drugs are non protected by the ADA, when an employer acts on the footing of such usage. Trials for illegal usage of drugs are non considered medical scrutinies and, hence, are non capable to the ADA & # 8217 ; s limitations on medical scrutinies. Employers may keep persons who are illicitly utilizing drugs and persons with alcohol addiction to the same criterions of public presentation as other employees.
The Civil Rights Act of 1991
The Civil Rights Act of 1991 made major alterations in the federal Torahs against employment favoritism enforced by EEOC. Enacted in portion to change by reversal several Supreme Court determinations that limited the rights of individuals protected by these Torahs, the Act besides provides extra protections. The Act authorizes compensatory and punitory amendss in instances of knowing favoritism, and provides for obtaining lawyers & # 8217 ; fees and the possibility of jury tests. It besides directs the EEOC to spread out its proficient aid and outreach Ac
tivities.
Employers And Other Entities Covered By EEO Laws
IV. Which Employers and Other Entities Are Covered by These Laws?
Title VII and the ADA screen all private employers, province and local authoritiess, and instruction establishments that employ 15 or more persons. These Torahs besides cover private and public employment bureaus, labour organisations, and joint labour direction commissions commanding apprenticeship and preparation.
The ADEA covers all private employers with 20 or more employees, province and local authoritiess ( including school territories ) , employment bureaus and labour organisations.
The EPA covers all employees who are covered by the Federal Wage and Hour Law ( the Fair Labor Standards Act ) . Virtually all employers are capable to the commissariats of this Act.
Title VII, the ADEA, and the EPA besides cover the federal authorities. In add-on, the federal authorities is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the demands of the ADA. However, different processs are used for treating ailments of federal favoritism. For more information on how to register a ailment of federal favoritism, reach the EEO office of the federal bureau where the alleged favoritism occurred.
The EEOC & # 8217 ; S Charge Processing Procedures
V. Who Can File a Charge of Discrimination?
? Any person who believes that his or her employment rights have been violated may register a charge of favoritism with the EEOC.
? In add-on, an person, organisation, or bureau may register a charge on behalf of another individual in order to protect the aggrieved individual & # 8217 ; s individuality.
VI. How Is a Charge of Discrimination Filed?
? A charge may be filed by mail or in individual at the nearest EEOC office. Persons may confer with their local telephone directory ( U.S. Government naming ) or name 1-800-669-4000 ( voice ) or 1-800-669-6820 ( TTY ) to reach the nearest EEOC office for more information on specific processs for registering a charge.
? Persons who need an adjustment in order to register a charge ( e.g. , gestural linguistic communication translator, print stuffs in an accessible format ) should inform the EEOC field office so appropriate agreements can be made.
VII. What Information Must Be Provided to File a Charge?
? The kicking party & # 8217 ; s name, reference, and telephone figure ;
? The name, reference, and telephone figure of the respondent employer, employment bureau, or brotherhood that is alleged to hold discriminated, and figure of employees ( or brotherhood members ) , if known ;
? A short description of the alleged misdemeanor ( the event that caused the kicking party to believe that his or her rights were violated ) ; and
? The day of the month ( s ) of the alleged misdemeanor ( s ) .
VIII. What Are the Time Limits for Filing a Charge of Discrimination?
All Torahs enforced by EEOC, except the Equal Pay Act, require registering a charge with EEOC before a private case may be filed in tribunal. There are rigorous clip bounds within which charges must be filed:
? A charge must be filed with EEOC within 180 yearss from the day of the month of the alleged misdemeanor, in order to protect the bear downing party & # 8217 ; s rights.
? This 180-day filing deadline is extended to 300 yearss if the charge besides is covered by a province or local anti-discrimination jurisprudence. For ADEA charges, merely province Torahs extend the filing bound to 300 yearss.
? These clip bounds do non use to claims under the Equal Pay Act, because under that Act individuals do non hold to first register a charge with EEOC in order to hold the right to travel to tribunal. However, since many EPA claims besides raise Title VII sex favoritism issues, it may be advisable to register charges under both Torahs within the clip bounds indicated.
? To protect legal rights, it is ever best to reach EEOC quickly when favoritism is suspected.
IX. What Agency Handles a Charge That Is Besides Covered by State or Local Law?
Many provinces and vicinities have anti-discrimination Torahs and bureaus responsible for implementing those Torahs. The EEOC refers to these bureaus as & # 8220 ; Fair Employment Practices Agencies ( FEPAs ) . & # 8221 ; Through the usage of & # 8220 ; work sharing understandings, & # 8221 ; the EEOC and the FEPAs avoid duplicate of attempt while at the same clip guaranting that a bear downing party & # 8217 ; s rights are protected under both federal and province jurisprudence.
? If a charge is filed with a FEPA and is besides covered by federal jurisprudence, the FEPA & # 8220 ; double files & # 8221 ; the charge with EEOC to protect federal rights. The charge normally will be retained by the FEPA for managing.
? If a charge is filed with the EEOC and besides is covered by province or local jurisprudence, the EEOC & # 8220 ; double files & # 8221 ; the charge with the province or local FEPA, but normally retains the charge for managing.
Ten. What Happens After a Charge Is Filed With the EEOC?
The employer is notified that the charge has been filed. From this point there are a figure of ways a charge may be handled:
? A charge may be assigned for precedence probe if the initial facts appear to back up a misdemeanor of jurisprudence. When the grounds is less strong, the charge may be assigned for follow up probe to find whether it is likely that a misdemeanor has occurred.
? EEOC can seek to settle a charge at any phase of the probe if the bear downing party and the employer express an involvement in making so. If colony attempts are non successful, the probe continues.
? In look intoing a charge, EEOC may do written petitions for information, interview people, reappraisal paperss, and, as needed, see the installation where the alleged favoritism occurred. When the probe is complete, EEOC will discourse the grounds with the bear downing party or employer, as appropriate.
? The charge may be selected for EEOC & # 8217 ; s mediation plan if both the bear downing party and the employer express an involvement in this option. Mediation is offered as an option to a drawn-out probe. Engagement in the mediation plan is confidential, voluntary, and requires consent from both bear downing party and employer. If mediation is unsuccessful, the charge is returned for probe.
? A charge may be dismissed at any point if, in the bureau & # 8217 ; s best judgement, farther probe will non set up a misdemeanor of the jurisprudence. A charge may be dismissed at the clip it is filed, if an initial in-depth interview does non bring forth grounds to back up the claim. When a charge is dismissed, a notice is issued in conformity with the jurisprudence which gives the bear downing party 90 yearss in which to register a case on his or her ain behalf.
Eleven. How Does EEOC Resolve Discrimination Charges?
? If the grounds obtained in an probe does non set up that favoritism occurred, this will be explained to the bear downing party. A needed notice is so issued, shuting the instance and giving the bear downing party 90 yearss in which to register a case on his or her ain behalf.
? If the grounds establishes that favoritism has occurred, the employer and the bear downing party will be informed of this in a missive of finding that explains the determination. EEOC will so try conciliation with the employer to develop a redress for the favoritism.
? If the instance is successfully conciliated, or if a instance has earlier been successfully mediated or settled, neither EEOC nor the bear downing party may travel to tribunal unless the conciliation, mediation, or colony understanding is non honored.
? If EEOC is unable to successfully pacify the instance, the bureau will make up one’s mind whether to convey suit in federal tribunal. If EEOC decides non to action, it will publish a notice shuting the instance and giving the bear downing party 90 yearss in which to register a case on his or her ain behalf. In Title VII and ADA instances against province or local authoritiess, the Department of Justice takes these actions.
Twelve. When Can an Individual File an Employment Discrimination Lawsuit in Court?
A bear downing party may register a case within 90 yearss after having a notice of a & # 8220 ; right to action & # 8221 ; from EEOC, as stated above. Under Title VII and the ADA, a bear downing party besides can bespeak a notice of & # 8220 ; right to action & # 8221 ; from EEOC 180 yearss after the charge was foremost filed with the Commission, and may so convey suit within 90 yearss after having this notice. Under the ADEA, a suit may be filed at any clip 60 yearss after registering a charge with EEOC, but non subsequently than 90 yearss after EEOC gives notice that it has completed action on the charge.
Under the EPA, a case must be filed within two old ages ( three old ages for wilful misdemeanors ) of the prejudiced act, which in most instances is payment of a prejudiced lower pay.
Thirteen. What Remedies Are Available When Discrimination Is Found?
The & # 8220 ; alleviation & # 8221 ; or redresss available for employment favoritism, whether caused by knowing Acts of the Apostless or by patterns that have a prejudiced consequence, may include:
? back wage,
? hiring,
? publicity,
? reinstatement,
? front wage,
? sensible adjustment, or
? other actions that will do an single & # 8220 ; whole & # 8221 ; ( in the status s/he would hold been but for the favoritism ) .
Redresss besides may include payment of:
? lawyers & # 8217 ; fees,
? adept informant fees, and
? tribunal costs.
Under most EEOC-enforced Torahs, compensatory and punitory amendss besides may be available where knowing favoritism is found. Damagess may be available to counterbalance for existent pecuniary losingss, for future pecuniary losingss, and for mental anguish and incommodiousness. Punitive amendss besides may be available if an employer acted with maliciousness or foolhardy indifference. Punitive amendss are non available against province or local authoritiess.
In instances refering sensible adjustment under the ADA, compensatory or punitory amendss may non be awarded to the bear downing party if an employer can show that & # 8220 ; good religion & # 8221 ; attempts were made to supply sensible adjustment.
An employer may be required to post notices to all employees turn toing the misdemeanors of a specific charge and reding them of their rights under the Torahs EEOC enforces and their right to be free from revenge. Such notices must be accessible, as needed, to individuals with ocular or other disablements that affect reading.
The employer besides may be required to take disciplinary or preventative actions to bring around the beginning of the identified favoritism and minimise the opportunity of its return, every bit good as discontinue the specific discriminatory patterns involved in the instance.
The Commission
Fourteen. What Is the EEOC and How Does It Operate?
EEOC is an independent federal bureau originally created by Congress in 1964 to implement Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered footings ; the General Counsel & # 8217 ; s term is four old ages. The President designates a Chairman and a Vice-Chairman. The Chairman is the main executive officer of the Commission. The Commission has authorization to set up equal employment policy and to O.K. judicial proceeding. The General Counsel is responsible for carry oning judicial proceeding.
EEOC carries out its enforcement, instruction and proficient aid activities through 50 field offices functioning every portion of the state.
www.eeoc.gov
