Equal Employment
Opportunity Regulations in the U.S.
By
Sue Campbell, 1st-Writer.com
As you read this article, please
understand that I’m not a lawyer. This article isn’t intended to serve as legal
counsel, but rather to explain, in plain terms, the Equal Employment Opportunity
laws and policies enforced by the U.S. Equal Employment Opportunity Commission
(or E.E.O.C.), as well as to act as a resource for locating further information.
Turning The World On With Her
Smile
In September of 1970, The Mary
Tyler Moore Show premiered on CBS. During its 7-year run, it became one of the
most popular and acclaimed television shows ever produced. Oprah Winfrey often
credits the show with being one of her greatest inspirations. The first episode
of the first season of The Mary Tyler Moore Show shows Mary Richards moving to
Minneapolis, Minnesota, where she secures a job with the fictional television
station WJM. The job interview between Mary Richards (Mary Tyler Moore) and her
future boss, Lou Grant (Ed Asner), shows - with great humor - how a job
interview can go awry with regard to Equal Employment Opportunity laws.
Upon entering WJM's office, Mary
Richards is told by News Director, Murray Slaughter (played by Gavin MacLeod),
that the position for secretary has been filled. Mr. Grant escorts Mary into his
office and begins the interview...
Mary: "Has the job been
filled?"
Mr. Grant: "Yeah"
Mary: "Oh?" (gets up to
leave)
Mr. Grant: "But there is
another job."
Mary: "Oh?" (starts to
sit back down)
Mr. Grant: "I figured I'd
hire a man for it."
Mary: "Oh." (stands up)
Mr. Grant: "But we can
talk about it."
Mary: "Well, good." (sits
down)
Mr. Grant: (looking over
Mary's resume) "Hey, you live in my favorite neighborhood."
Mary: "Oh, really? I just
moved in. Is it that nice?"
Mr. Grant: "Nice?! Some
of the best saloons in town are over there. How old are you?"
Mary: "30."
Mr. Grant: "No hedging.
No How old do I look."
Mary: "Why hedge?"
(pauses) "How old do I look?"
Mr. Grant: "30. What
religion are ya?"
Mary: "Uh, Mr. Grant, I
don't know quite how to say this, but, uh, you're not allowed to ask that when
someone's applying for a job. It's against the law."
Mr. Grant: "Wanna call a
cop?"
Mary: (smiles) "No."
Mr. Grant: "Good. Would
you think I was violating your Civil Rights if I asked if you're married?"
Mary: "Presbyterian."
(pause) "I decided I'd answer your religion question."
Mr. Grant: "Heh.
Divorced?"
Mary: "No."
Mr. Grant: "Never married
- why?"
Mary: "Why?"
(They look at each other)
Mr. Grant: "Hmm. You
type?"
Mary: "Mr. Grant, there's
no simple answer to that question."
Mr. Grant: "Yes there is.
How about "No, I can't type," or "Yes, I can?"
Mary: "There's no simple
answer as to why a person isn't married."
Mr. Grant: "How many
different reasons can there be?"
Mary: "65."
Mr. Grant: "Words per
minute. My typing question."
Mary: "Yes."
Mr. Grant: "Look, Miss,
would you try answering the questions as I ask them?"
Mary: "Yes, Mr. Grant, I
will. But it does seem that you've been asking a lot of very personal questions
that don't have a thing to do with my qualifications for this job."
Mr. Grant: "You know
what? You got spunk!"
Mary: "Well, yes."
(smiles)
Mr. Grant: "I hate spunk.
Tell you what. I'll try you out for a couple of weeks, see if it works out. If I
don't like you, I'll fire ya!"
Mary: "Right, right."
Mr. Grant: "If you don't
like me - I'll fire ya!"
Mary: "That certainly
seems fair. Uh... What's the job?"
Mr. Grant: "The job is
that of Associate Producer."
Mary: "Associate..."
(beams)
Mr. Grant: "Something
wrong?"
Mary: "No, no, no - I
like it! Associate Producer."
Mr. Grant: "The job pays
ten dollars less a week than the secretarial job."
Mary: (adds it up on her
fingers) "That will be fine!"
Mr. Grant: If you can get
by on fifteen dollars less a week, we'll make you Producer."
Mary: "No, no. I think
all I can afford is Associate Producer."
Mr. Grant: "You can start
tomorrow."
Laws To Protect and Prohibit
While we enjoy watching the
exchange between Mr. Grant and Mary Richards, and we find ourselves forgiving
any improprieties on Mr. Grant's part, there are many laws that have been put in
to place to protect workers from discrimination and to promote equal employment
opportunities in the United States. These acts prohibit discrimination for or
against a job applicant or existing employee based on age, race, color,
religion, gender, national origin, or disability.
Keep in mind that these policies
do not give special protection or consideration to minorities, or
protected groups, but rather are intended to protect all workers’
opportunities, regardless of sex, race, religion, and so forth, and to demand
that all persons receive the same opportunities for employment.
So while I may be turned down
for a position because I don’t have the necessary qualifications to perform the
job’s function: “Applicants must be able to lift 65 lbs.” I can’t be
discriminated against solely on the basis that I’m female.
Most states also have their own
Fair Employment Practice Agency (FEPA) or Commission, a list of which is
included at the end of this article. According to the EEOC, “There are more than
100 state and local Fair Employment Practices Agencies (FEPAs). The EEOC has
cooperative relationships with all but a few of them. The EEOC and the FEPAs it
works with have reached Work Sharing Agreements that divide up their common
workload of charges in order to avoid duplication of charge processing.”
Federal Laws Prohibiting Job
Discrimination
The main Acts governed by the
EEOC, are:
Equal Pay
Act of 1963 (EPA) – Protects men and women who perform
substantially the same work in the same establishment from suffering wage
discrimination based on gender.
Title
VII of the Civil Rights Act of 1964 – Prohibits employment
discrimination based on race, color, gender, religion or national origin.
Age
Discrimination Act of 1967 (ADEA) – Protects individuals who are
40 years of age or older from employment discrimination due to age.
Sections 501 and
505 of Rehabilitation Act of 1973 (EEOC link) –
Prohibits discrimination against qualified individuals with
disabilities who work in the federal government.
Title I and
Title V of the Americans with Disabilities Act of 1990 (ADA) –
Prohibits discrimination against qualified individuals with disabilities who
work in the private sector and in state and local governments.
Civil Rights Act of 1991
– Provides, among other things, monetary damages in cases of intentional
employment discrimination.
The Equal Employment Opportunity
Commission was established by Congress in 1964 to enforce the Civil Rights Act
of 1964 (Title VII). In addition to enforcing the above laws, the EEOC also
oversees and coordinates all federal equal employment opportunity policies,
practices and regulations.
The EEOC carries out its
enforcement, education and technical assistance within 50 field offices serving
every part of the nation. To locate the EEOC field office nearest to you,
contact: 1.800.669.4000 (voice) or 1.800.669.6820 (TTY).
According to the EEOC, Under
Title VII, the ADA, and the ADEA, it's illegal to discriminate in any aspect of
employment, including:
-
Hiring and Firing
-
Compensation, Assignment or
Classification of Employees
-
Transfer, Promotion, Layoff or
Recall
-
Job Advertisements
-
Recruitment
-
Testing
-
Use of Company Facilities
-
Training and Apprenticeship
Programs
-
Fringe Benefits
-
Pay, Retirement Plans, and
Disability Leave
-
Or other terms and conditions of
employment
Discriminatory practices under
these laws also include:
-
Harassment based on age, race,
color, gender, religion, disability, or national origin
-
Retaliation against an individual
for filing a charge of discrimination, participating in an
investigation, or opposing discriminatory practices
-
Employment decisions based on
stereotypes or assumptions about the traits, abilities, or
performance of individuals of certain age, sex, race, religion,
ethnic group, or individuals with disabilities
-
Denying employment opportunities to
a person because of marriage to, or association with, an
individual of a particular race, religion, national origin, or
an individual with a disability.
Other discriminatory practices
covered may be found on the EEOC Website:
Federal Laws Prohibiting Job
Discrimination: Questions and Answers.
Employers Covered by Equal
Employment Opportunity Laws
Title VII (protects men
and women who perform substantially the same work in the same establishment from
suffering wage discrimination based on gender), and ADA laws (prohibits
discrimination against qualified individuals with disabilities who work in the
federal government) apply to all private employers, educational institutions,
and state and local governments who employ 15 or more personnel.
These laws also cover labor
organizations, private and public employment agencies, and joint labor
management committees that control training and apprenticeship opportunities.
The ADEA (protects
individuals who are 40 years of age or older from employment discrimination due
to age) covers all private employers with 20 or more personnel, labor
organizations, employment agencies, and state and local governments
(including school districts).
The EPA (protects men and
women who perform substantially the same work in the same establishment from
suffering wage discrimination based on gender – equal pay) covers all
employers who are covered by the Federal Wage and Hour Law (the Fair Labor
Standards Act, or FLSA). Virtually all employers are subject to the provisions
set forth by this act.
Filing A Complaint with the
EEOC and/or a state’s Fair Employment Practice Agency (FEPA)
Typically, when an applicant or
employee believes he or she has been discriminated against, the
applicant/employee will contact the EEOC or the appropriate
state’s fair employment practice agency. The complaint must be filed with
the EEOC within 180 days of the date of the alleged violation. To locate an EEOC
field office nearest to you, see the
EEOC field list and map, or contact: 1.800.669.4000 (voice) or
1.800.669.6820
(TTY). This deadline can be extended to 300 days if the complaint is also
covered under a state or local anti-discrimination law (see list of state
agencies).
For claims under the Equal
Pay Act (EPA), this time limitation does not apply. However, since many EPA
claims also fall under other discrimination laws, such as age, gender, or
disability, it’s wise to file any complaint within the time limit indicated.
The contacted agency then
reviews the complaint to determine if there’s a
*prima facie case (*“on
first appearance”). In most legal proceedings, one of the parties has the
burden of proof, which requires the party to present prima facie evidence of all
facts essential to his or her complaint. If the party fails to present prima
facie evidence on any required element of his or her case, the claim may be
dismissed without any response by the opposing party. If there is prima facie
evidence, the agency will intercede on the plaintiff’s behalf.
Without prima facie evidence,
the plaintiff may still pursue the case, but without the support of the agency.
Two Types of Discrimination
The most evident form of
discrimination is called “disparate
treatment” or unequal treatment. In a disparate treatment case, the
applicant or employee must prove that he or she: 1) is protected under a
relevant Equal Employment Opportunity statute, 2) was qualified for the job in
question, and 3) was not hired or given the opportunity, while the job remained
available to similarly qualified candidates. The central issue is whether or not
an employer's actions were motivated by discriminatory intent, which may be
proved by either direct or circumstantial evidence.
The second type of
discrimination is known as “adverse impact,” or “disparate
impact.” Title VII prohibits employers from using practices that may, on the
surface, appear neutral, but which have an adverse and discriminatory impact
against an individual or group based on race, color, sex, religion or national
origin, even where an employer is not motivated by discriminatory intent.
For example, a company may use a
type of pre-employment test that is later judged to be discriminatory against
certain individuals or protected groups. While the company’s aims were not meant
to be discriminatory (they were not motivated by discriminatory intent), the
testing practice was proven to have discriminatory impact.
To learn more about what happens
after a complaint is filed with the EEOC, or to find out how the EEOC resolves
discrimination charges, visit the
EEOC’s Questions and Answers page.
The EEOC has done an outstanding job of providing detailed information.
ALABAMA -
http://www.dhr.state.al.us/default.asp
ALASKA -
http://gov.state.ak.us/aschr/
ARIZONA -
http://www.azag.gov/civil_rights/
CALIFORNIA -
http://www.caag.state.ca.us/civilrights/ (Civil Rights Enforcement
Section)
http://www.dfeh.ca.gov/
(Dept. Fair Employment and Housing)
COLORADO -
http://www.dora.state.co.us/civil-rights
CONNECTICUT -
http://www.state.ct.us/chro/index.html
DELAWARE -
http://www.state.de.us/sos/hr/
DISTRICT OF COLUMBIA -
http://ohr.dc.gov/
FLORIDA -
http://fchr.state.fl.us/
GEORGIA -
http://www.dol.state.ga.us/
HAWAII -
http://www.state.hi.us/hcrc/
IDAHO -
http://www2.state.id.us/ihrc/ihrchome.htm
ILLINOIS -
http://www.state.il.us/dhr/
INDIANA -
http://www.state.in.us/icrc/
IOWA -
http://www.state.ia.us/government/crc/
KANSAS -
http://www.state.ks.us/public/khrc/
http://www.ink.org/public/khrc
KENTUCKY -
http://www.state.ky.us/agencies2/kchr/
http://www.ky.us/agencies/finance/desript/eeoc.htm
LOUISIANA -
http://www.gov.state.la.us/depts/lchr.htm
MAINE -
http://www.state.me.us/mhrc/index.shtml
http://www.state.me.us/mhrc/
MARYLAND -
http://www.mchr.state.md.us/
MASSACHUSETTS -
http://www.state.ma.us/mcad/
MICHIGAN -
http://www.michigan.gov/mdcr
http://www.mdcr.state.mi.us/mdcr
MINNESOTA -
http://www.humanrights.state.mn.us/
MISSOURI -
http://www.dolir.state.mo.us/hr/
MONTANA -
http://erd.dli.state.mt.us/HumanRights/HRhome.htm
http://www.dli.state.mt.us/decisions/hrcdec.htm
NEBRASKA -
http://www.nol.org/home/NEOC/
NEVADA -
http://detr.state.nv.us/nerc/
NEW HAMPSHIRE -
http://www.state.nh.us/hrc/
NEW JERSEY -
http://www.state.nj.us/lps/dcr/
NEW MEXICO -
http://www3.state.nm.us/dol/dol_hrd.html
http://www3.state.nm.us/dol
NEW YORK -
http://www.nysdhr.com/
NORTH CAROLINA -
http://www.doa.state.nc.us/doa/hrc/hrc.htm
http://www.doa.state.nc.us/hrc/homepage.htm
NORTH DAKOTA -
http://www.state.nd.us/labor/
OHIO -
http://www.state.oh.us/crc/
OKLAHOMA -
http://www.onenet.net/~ohrc2/
OREGON -
http://www.boli.state.or.us/civil/committee.html
http://www.boli.state.or.us/civil
PENNSYLVANIA -
http://www.phrc.state.pa.us/
RHODE ISLAND -
http://www.state.ri.us/manual/data/queres/stdept_.idc?id=16
SOUTH CAROLINA -
http://www.state.sc.us/schac/
SOUTH DAKOTA -
http://www.state.sd.us/dcr/hr/HR_HOM.htm
http://www.state.sd.us/dcr/hr
TENNESSEE -
http://www.state.tn.us/humanrights/
TEXAS -
http://tchr.state.tx.us/
UTAH -
http://www.labor.state.ut.us/Utah_Antidiscrimination
___Labo/utah_antidiscrimination___labo.htm
VERMONT -
http://www.hrc.state.vt.us/
VIRGINIA -
http://chr.vipnet.org/
WASHINGTON -
http://www.wa.gov/hrc/
WEST VIRGINIA -
http://www.state.wv.us/wvhrc/
WISCONSIN -
http://www.dwd.state.wi.us/er/discrimination_civil_rights/fair_employment_law.htm
Individual articles on:
Sections 501 and
505 of Rehabilitation Act of 1973 (EEOC link) –
Prohibits discrimination against qualified individuals with
disabilities who work in the federal government.
Title I and Title V of
the Americans with Disabilities Act of 1990 (ADA)
– Prohibits discrimination against qualified individuals with
disabilities who work in the private sector and in state and
local governments.
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Sue Campbell,
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