The document discusses equal employment opportunity laws and sexual harassment. It begins with learning objectives about explaining key equal opportunity laws, avoiding sexual harassment accusations, proving adverse impact, and discussing diversity management. It then covers defining equal opportunity and affirmative action. It describes how the Pakistani constitution, labor policies, and ratified international agreements support equal opportunity and treatment at work regardless of gender or other attributes. It discusses proving sexual harassment and steps employers should take to prevent it. In the end, it notes that while Pakistani laws have evolved, implementation remains a challenge due to lack of awareness of rights.

1. PowerPoint Presentation by Charlie Cook
The University of West Alabama
Chapter 2
Equal Opportunity
and the Law
Part One | Introduction
Copyright © 2011 Pearson Education, Inc.
publishing as Prentice Hall

2. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–2
WHERE WE ARE NOW…

3. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–3
1. Explain the importance of and list the basic features of Title VII of
the 1964 Civil Rights Act and at least five other equal employment
laws.
2. Explain how to avoid and deal with accusations of sexual
harassment at work.
3. Define adverse impact and explain how it is proved.
4. Explain and illustrate two defenses you can use in the event of
discriminatory practice allegations.
5. Cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
6. List the steps in the EEOC enforcement process.
7. Discuss why diversity management is important and how to
institutionalize a diversity management program.
LEARNING OUTCOMES

4. © 2008 Prentice Hall, Inc. All rights reserved. 2–4
Define Equal Employment Opportunity (EEO)
• Equal Employment Opportunity (EEO) prohibits
discrimination against anyone on any pretext.
• EEO speaks of the equality of every human being
(irrespective of gender, religion, caste, ethnicity, color,
age, physical disability etc) while considering a
candidate before, during and after employment.

5. © 2008 Prentice Hall, Inc. All rights reserved. 2–5
Define Equal Employment Opportunity (EEO)
• EEO anti-discrimination protections apply to all of the
terms and conditions of employment, including, but not
limited to:
 Recruitment and selection
 Promotions
 Testing
 Training and development opportunities, hiring,
 Transfers
 Work assignments
 Discipline
 Compensation
 Performance evaluation
 Working environment and other conditions of service

6. © 2008 Prentice Hall, Inc. All rights reserved. 2–6
Define Affirmative Action (AA)
• Affirmative action (AA) is an effort to undo the unfair
practices of the past in the organizations.
• AA is a means to level the playing field for females,
individuals with disabilities, underprivileged classes and
minorities as a logical step towards equal employment.
• Pakistani law makes it obligatory for employers to follow
EEO principles.
• Affirmative Action however is expected to be
implemented as a voluntary component of EEO Policy.
EEO does not, in any circumstance, mean that the
managers should hire unqualified candidates in breach
of merit.
• This is only a mechanism to avoid unfair practices and
biases during employment process

7. © 2008 Prentice Hall, Inc. All rights reserved. 2–7
Equal Employment Opportunity (EEO)
Objectives Resolution 1949
• The base for the equality of all citizens was provided in
the Objectives Resolution which was passed by the
Constituent Assembly of Pakistan in March, 1949. This
resolution later became a substantive part of the
Constitution of Pakistan. This Constituent Assembly
framed a Constitution for the sovereign independent
State of Pakistan;

8. © 2008 Prentice Hall, Inc. All rights reserved. 2–8
Equal Employment Opportunity (EEO)
Objectives Resolution 1949 (Contd.)
• Wherein the principles of democracy, freedom, equality,
tolerance and social justice as enunciated by Islam shall
be fully observed;
• Wherein shall be guaranteed fundamental rights
including equality of status, of opportunity and before
law, social, economic and political justice, and freedom
of thought, expression, belief, faith, worship and
association, subject to law and public morality;

9. © 2008 Prentice Hall, Inc. All rights reserved. 2–9
Equal Employment Opportunity (EEO)
1973 Constitution
• The laws related to the equal opportunity further
improved in Constitution of 1973.
• Article 11 of the Constitution prohibits all forms of
slavery, forced labor and child labor.
• Article 17 provides fundamental right to exercise the
freedom of association and the right to form unions.

10. © 2008 Prentice Hall, Inc. All rights reserved. 2–10
Equal Employment Opportunity (EEO)
1973 Constitution (Contd.)
• Article 18 says every citizen; subject to qualifications
can enter a trade, business or profession of his/her
choice.
• The article 25 of the Constitution provides following
guidelines for the equality of citizens:
• All citizens are equal before law and are entitled to
equal protection of law.

11. © 2008 Prentice Hall, Inc. All rights reserved. 2–11
Equal Employment Opportunity (EEO)
1973 Constitution (Contd.)
• There shall be no discrimination on the basis of sex
alone.
• Nothing in this Article shall prevent the State from
making any special provision for the protection of women
and children.

12. © 2008 Prentice Hall, Inc. All rights reserved. 2–12
Equal Employment Opportunity (EEO)
1973 Constitution (Contd.)
• Article 26 says no person otherwise qualified can be
discriminated against in the matter of employment on the
basis of race, religion, caste, sex, residence or place of
birth (Exceptions: specific services can be reserved for
members of either sex if such posts/services require
duties which cannot be adequately performed by the
members of other sex, e.g. Lady Health Visitor)

13. © 2008 Prentice Hall, Inc. All rights reserved. 2–13
Equal Employment Opportunity (EEO)
1973 Constitution (Contd.)
• The article 27 puts complete ban on discrimination on
the basis of sex in appointment in “the service in
Pakistan”, provided that the performance and functions
of the job can be carried out by, and is deemed suitable
for, both sexes.
• Article 32 of the constitution says that special
representation shall be given to women in local
government institutions (i.e., local bodies).

14. © 2008 Prentice Hall, Inc. All rights reserved. 2–14
Equal Employment Opportunity (EEO)
• Furthermore, article 34 states that “steps shall be taken
to ensure full participation of women in all spheres of
national life”
• Article 37(e) makes provision for securing just and
humane conditions of work, ensuring that children and
women are not employed in vocations unsuited to their
age or sex, and for maternity benefits for women in
employment.

15. © 2008 Prentice Hall, Inc. All rights reserved. 2–15
Equal Employment Opportunity (EEO)
• Article 38(a) of the constitution commits the State to
secure the well-being of the people, irrespective of, inter-
alia, their sex by raising their standard of living, by
preventing the concentration of wealth and means of
production and distribution in the hands of a few to the
detriment of general interest and by ensuring equitable
adjustment of rights between employers and employees,
and landlords and tenants.

16. © 2008 Prentice Hall, Inc. All rights reserved. 2–16
Equal Employment Opportunity (EEO)
Labor Welfare Package 2000
• Labor Welfare Package for Workers was announced by
federal government on April 30, 2000 in which it was
made obligatory for the employers to offer gender
equality and affirmative action. This package enforces:
• Equal remuneration for men and women for work of
equal value through appropriate legislation.
• Enhancement of maternity benefits for female mine
workers.

17. © 2008 Prentice Hall, Inc. All rights reserved. 2–17
Equal Employment Opportunity (EEO)
Labor Welfare Package 2000
• Safeguards against sexual harassment through
appropriate actions.
• Recruitment of female labor inspectors for enforcement
of labor laws on female workers.
• Increase in percentage of reserved seats of workers and
peasants at Union Councils, Tehsil Councils and District
Councils in the Devolution of Power Plan.
• Extension of coverage of laws to agriculture and other
informal sectors of economy.

18. © 2008 Prentice Hall, Inc. All rights reserved. 2–18
Equal Employment Opportunity (EEO)
Labor Policy 2002
• The Federal Government introduced new labor policy in
2002, the key points of this labor policy are:
• Empowering labor courts to order re-instatement of
illegally dismissed workers or award reasonable
compensation in lieu of re-instatement.
• This policy also calls for extension and upgrade of
vocational and industrial training programs to meet the
changes of globalization and avoidance of redundancies.
If implemented in true spirit, this is expected to be a right
step towards affirmative action and equal employment
opportunity.

19. © 2008 Prentice Hall, Inc. All rights reserved. 2–19
Equal Employment Opportunity (EEO)
Labor Policy 2002 (Contd.)
• Strengthening bilateralism with least legislative and state
intervention. This is expected to result in good employer-
employee relationship through the strategy of
interdependence by employers and employees and their
mutual trust.
• New laws also promise protection of contractual labor by
redefining temporary jobs in accordance with
international standards.
• The policy pledges equal opportunities for all and
categorically bans child and bonded labor, and
discrimination on the basis of gender, sex, race etc.

20. © 2008 Prentice Hall, Inc. All rights reserved. 2–20
Equal Employment Opportunity (EEO)
Support for Equal Pay
• Ministry of Women’s Development has taken the
following steps to advance the work for women as well
as equal pay for work of equal value:
• Increasing women’s capacity to earn by increasing
women’s access to sources of livelihood, in particular,
agriculture and livestock production and promoting equal
employment opportunities that accommodate women-
oriented work policies for paid work.
• Improving facilities for the education, training and skills
development for women, to enter and re-enter the labor
force, including special arrangements, as specified in the
draft Labor Policy for the female relatives of workers.

21. © 2008 Prentice Hall, Inc. All rights reserved. 2–21
Equal Employment Opportunity (EEO)
Support for Equal Pay
• Ensuring appropriate legislation, including the following
measures:
 Giving effect to the ILO Convention 100 ratified by Pakistan in 2001
by enacting a law to ensure equal remuneration for men and women
for work of equal value.
 Undertaking measures to make work places conducive for women
workers so they can work without fear of discrimination and
harassment.
 Enacting a law and guidelines to provide protection against sexual
harassment at the workplace and relief/remedy in cases where it
occurs.
• Providing special courses for women in entrepreneurial
skills to assist and engage them to establish their own
small-scale enterprises.

22. © 2008 Prentice Hall, Inc. All rights reserved. 2–22
Equal Employment Opportunity (EEO)
Ratified International Instruments
• The support for equal employment opportunities further improved when
Pakistan signed the following international instruments:
• ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
(ratified on 24/1/1961)
• ILO Equal Remuneration Convention, 1951 (No. 100) (ratified on 11/10/2001)
• UN Convention on the Elimination of All Forms of Discrimination Against
Women, 1979 (ratified on 12/3/1996)
• ILO Vocational Rehabilitation and Employment (Disabled Persons)
Convention, 1983 (No. 159) (ratified on 25/10/1994)
• ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on
25/3/1938)
• ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on
25/3/1938)
• ILO Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87) (ratified on 14/2/1951)
• ILO Night Work (Women)(Revised) Convention, 1948; and Protocol, 1990 (No.
89) (ratified on 14/2/1951)
• ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
(ratified on 26/5/1952)
• UN Convention on the Political Rights of Women, 1953 (ratified on 7/12/1954)

23. © 2008 Prentice Hall, Inc. All rights reserved. 2–23
Equal Employment Opportunity (EEO)
Comments
• Though the legislation for Equal Employment
Opportunities in Pakistan has significantly evolved with
the passage of time but there is still a huge gap between
its implementation. One of the main reasons for this
implementation gap is the lack of awareness of these
rights among the employees. You will hardly find
employees suing employers for the misconduct or
injustice during the employment selection process.

24. © 2008 Prentice Hall, Inc. All rights reserved. 2–24
Equal Employment Opportunity (EEO)
• The article 25, 26, 27 completely bans the discrimination
against in the matter of employment on the basis of race,
religion, caste, sex, residence or place of birth.
• Though there is a portion of employers (mostly
multinationals) who have adopted procedures to ensure
equal opportunity to some extent but one can easily find
the cases of gender biasness where women are not
considered equally capable for a particular job. Similarly,
minorities and protected group members often face
difficulties in getting the jobs of their own choice.

25. © 2008 Prentice Hall, Inc. All rights reserved. 2–25
Equal Employment Opportunity (EEO)
• However, Ministry of Women’s Development has taken
several steps to advance the work for women as well as
equal pay for work of equal value but there is a long way
to go until these are actually implements.
• To sum up, the government still needs to review whether
the very basic right of equality promised in Objectives
Resolution of March, 1949 are actually given to public or
not.

26. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–26
Sexual Harassment
• Sexual Harassment under Title VII
 Harassment on the basis of sex that has the purpose or effect
of substantially interfering with a person’s work performance or
creating an intimidating, hostile, or offensive work environment.
 Employers have an affirmative duty to maintain workplaces
free of sexual harassment and intimidation.
• Federal Violence Against Women Act of 1994
 A person who commits a violent crime motivated by gender is
liable to the party injured.
• When Is the Work Environment “Hostile”?
 How frequent and/or severe was the discriminatory conduct?
 Was it physically threatening, humiliating, or offensive?
 Did it unreasonably interfere with the employee’s work?
 Did the employee perceive the environment as hostile?

27. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–27
Proving Sexual Harassment
Quid Pro Quo
Hostile Environment
Created by
Supervisors
Conditions Proving Sexual
Harassment
Hostile Environment
Created by
Coworkers or
Nonemployees

28. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–28
FIGURE 2–3 HR in Practice: What Employers Should Do to
Minimize Liability in Sexual Harassment Claims
• Take all complaints about harassment seriously.
• Encourage the victim to inform the harasser directly that the conduct is unwelcome and must
stop, and to use any employer complaint mechanism available.
• Issue a strong policy statement condemning such behavior. It should clearly describe the
prohibited conduct, assure protection against retaliation, describe a complaint process that
provides confidentiality, and provide accessible avenues of complaint and prompt, thorough,
impartial investigation and corrective action.
• Inform all employees about the policy and of their rights under the policy.
• Take steps to prevent sexual harassment from occurring. For example, communicate to
employees that the employer will not tolerate sexual harassment, and take immediate action
when someone complains.
• Establish a management response system that includes an immediate reaction and investigation.
• Train supervisors and managers to increase their awareness of the issues.
• Discipline managers and employees involved in sexual harassment.
• Keep thorough records of complaints, investigations, and actions taken.
• Conduct exit interviews that uncover any complaints and that acknowledge by signature the
reasons for leaving.
• Re-publish the sexual harassment policy periodically.
• Encourage upward communication, for instance, through periodic written attitude surveys.
• Do not retaliate against someone who files a harassment (or other EEO) complaint.

29. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–29
FIGURE 2–4 Online form to facilitate filing report of harassment.

30. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–30
FIGURE 2–4 Online form to facilitate filing report of harassment. (cont’d)

31. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–31
Business Necessity
• “Business Necessity”
 A defense requiring employers to show that there
is an overriding business purpose (i.e., “irresistible
demand”) for a discriminatory practice.
 Spurlock v. United Airlines
• Validity
 The degree to which the test or other employment
practice is related to or predicts performance on
the job can serve as a business necessity
defense.

32. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–32
Other Considerations in
Discriminatory Practice Defenses
1. Good intentions are no excuse.
2. Employers cannot hide behind collective bargaining
agreements—equal opportunity laws override union
contract agreements.
3. Firms should react by agreeing to eliminate an illegal
practice and (when required) by compensating the
people discriminated against.

33. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–33
Discriminatory Employment Practices
Selection
Educational requirements
Tests
Preference to relatives
Height, weight, and physical
characteristics
Arrest records
Application forms
Discharge due to
garnishment
Recruitment
Word of mouth
Misleading
information
Help wanted ads
Personal
Appearance
Dress
Hair
Uniforms

34. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–34
FIGURE 2–9 Steps in an Affirmative Action Program
1. Issue a written equal employment policy indicating that firm is an equal employment
opportunity employer and the employer’s commitment to affirmative action.
2. Demonstrate top-management support for the equal employment policy—for
instance, appoint a high-ranking EEO administrator.
3. Publicize internally and externally the equal employment policy and affirmative
action commitment.
4. Survey current minority and female employment by department and job classification
to determine where affirmative action programs are especially desirable.
5. Carefully analyze employer human resources practices to identify and eliminate
hidden barriers.
6. Review, develop, and implement specific HR programs to improve female and
minority utilization.
7. Use focused recruitment to find qualified applicants from the target group(s).
8. Establish an internal audit and reporting system to monitor and evaluate progress.
9. Develop support for the affirmative action program, inside the company and
in the community.

35. Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 2–35
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval system, or transmitted, in any form or by any
means, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of the publisher.
Printed in the United States of America.