Introduction to Human Resource Management
Barani Institute of Information Technology
Mr. Ihsan
Handout # 2
Chapter No 2: Equal Employment Opportunities and Laws
Equal Employment Opportunity
Among the most significant efforts to regulate human resource management are those aimed at
achieving equal employment opportunity (EEO) the condition in which all individuals have
an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or
national origin. The federal governments efforts to create equal employment opportunity include
constitutional amendments, legislation, and executive orders, as well as court decisions that
interpret the laws.
Legislation on Equal Employment
Equal Pay Act of 1963
Under the Equal Pay Act of 1963, if men and women in an organization are doing equal work,
the employer must pay them equally. If the pay differences result from differences in seniority,
merit, quantity or quality of production, or any factor other than sex (such as participating in a
training program or working the night shift), then the differences are legal.
Title VII of the Civil Rights Act of 1964
Title VII directly resulted from the civil rights movement of the early 1960s. This law was to
ensure that employment opportunities would be based on character or ability rather than on race,
Congress wrote and passed Title VII, in 1964.
Title VII prohibits employers from discriminating against individuals because of their race,
color, religion, sex, or national origin. An employer may not use these characteristics as the basis
for not hiring someone, for firing someone, or for discriminating against them in the terms of
their pay, conditions of employment, or privileges of employment.
Age Discrimination in Employment Act (ADEA)
Older workers sometimes are concerned that they will be the targets of discrimination, especially
when a company is downsizing. Older workers tend to be paid more, so a company that wants to
cut labor costs may save by laying off its oldest workers.
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Introduction to Human Resource Management
Barani Institute of Information Technology
Mr. Ihsan
Handout # 2
To counter such discrimination, Congress in 1967 passed the Age Discrimination in Employment
Act (ADEA), which prohibits discrimination against workers who are over the age of 40. Similar
to Title VII, the ADEA outlaws hiring, firing, setting compensation rates, or other employment
decisions based on a persons age being over 40.
Vocational Rehabilitation Act of 1973
In 1973, Congress passed the Vocational Rehabilitation Act to enhance employment opportunity
for individuals with disabilities. This act covers executive agencies and contractors and
subcontractors that receive more than $2,500 annually from the federal government.
Pregnancy Discrimination Act of 1978
An amendment to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act of
1978 defines discrimination on the basis of pregnancy, childbirth, or related medical conditions
to be a form of illegal sex discrimination. For example, an employer may not refuse to hire a
woman because she is pregnant. Decisions about work absences or accommodations must be
based on the same policies as the organization uses for other disabilities.
Civil Rights Act of 1991
One major change in EEO law under CRA 1991 is of compensatory and punitive damages in
cases of discrimination.
CRA 1991 allows judges to award compensatory and punitive damages when the plaintiff proves
the discrimination was intentional or reckless. Compensatory damages include such things as
future monetary loss, emotional pain, suffering, and loss of enjoyment of life.
Punitive
damages are a punishment; by requiring violators to pay the plaintiff an amount beyond the
actual losses suffered, the courts try to discourage employers from discriminating.
Genetic Information Nondiscrimination Act of 2008 (GINA)
While learning that you are at risk of, say, colon cancer may be a useful motivator to take
precautions, the information opens up some risks as well. For example, what if companies began
using genetic screening to identify and avoid hiring job candidates who are at risk of developing
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Introduction to Human Resource Management
Barani Institute of Information Technology
Mr. Ihsan
Handout # 2
costly diseases? In order to deal with Concerns such as this caused government to pass the
Genetic Information Nondiscrimination Act (GINA) of 2008.
Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing most of
the EEO laws, including Title VII, the Equal Pay Act, and the Americans with Disabilities Act.
The EEOC investigates and resolves complaints about discrimination, gathers information, and
issues guidelines.
Preventing Sexual Harassment
Based on Title VIIs prohibition of sex discrimination, the EEOC defines sexual harassment of
employees as unlawful employment discrimination. Sexual harassment refers to Un welcomed
sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual
nature constitute sexual harassment.
Quid Pro Quo
It means something that is given to you or done for you in return for something you have given
to or done for someone else.
Quid Pro Quo sexual harassment is the more obvious form of harassment, wherein sexual
conduct becomes the basis an employment decision, i.e. a supervisor says, Have illegal relation
with me and Ill give you the job, or the promotion, or a raise, or conversely, If you dont do
so, Ill fire you.
Hostile environment
Hostile work environment creates the context of illegal discrimination based on race,
gender, age, or other.
Though many people dont know it, legally speaking, a hostile work environment can
only arise in the context of illegal discrimination, when one or more persons act in a
hostile or abusive fashion against one or more other people due to the latters race,
gender, age, national origin, religion, disability, or membership in some other protected
category.
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Introduction to Human Resource Management
Barani Institute of Information Technology
Mr. Ihsan
Handout # 2
Discriminatory Employment Practices Terms:
1. Gender Identity Discrimination
It is unlawful to discriminate against any employee or applicant for employment based on an
individual having or being perceived as having a gender-related self-identity, self-image,
appearance, expression.
2. Disability
An individual with a disability is a person who has a physical or mental impairment that
substantially limits one or more major life activities and has a record of such impairment or is
regarded as having such impairment; as defined in the Americans with Disabilities Act.
3. National Origin Discrimination
Treating someone less favorably because s/he comes from a particular place, his/her
ethnicity, his/her accent, or because it is believed that s/he has a particular ethnic
background. It also includes treating someone less favorable because of marriage or
association with someone of a particular nationality.
4. Color Discrimination
It is unlawful to discriminate against any employee or applicant for employment based on
stereotypes and beliefs about abilities, traits, or performance of individuals of a certain racial
group.
5. Gender Discrimination
It is unlawful to discriminate against any employee or applicant for employment because of
his/her sex in decisions involving hire, termination, promotion, job training, compensation, or
any other term, condition, or privilege of employment.
6. Religious Discrimination
Employers may not treat an employee or an applicant less, or more, favorably because of
his/her religious beliefs or practices.
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