2. INTRODUCTION
Equal employment opportunity is an employment practice where
employers do not engage in employment activities that are prohibited by
law.
It is illegal for employers to discriminate against an applicant or
employee on the basis of:
Race
Age
Color
Sex
Religion
National origin
3. DISCRIMINATION
In human social affairs, discrimination is treatment or
consideration of, or making a distinction in favor of or
against, a person or thing based on the group, class, or
category to which that person or thing is perceived to
belong to rather than on individual merit.
Direct Discrimination: On the basis of sex, age, race, etc
Indirect Discrimination: For example, an employer who
says they need a person over 180cm tall to do a job.
4. Equal Employment Opportunity
Commission (EEOC)
• The U.S. Equal Employment Opportunity
Commission (EEOC) is a federal agency that administers
and enforces civil rights laws against workplace
discrimination.
Formed- July 2, 1965
Headquarters- Washington, D.C.
Annual Budget- $344 million
• The EEOC is also empowered to file civil discrimination suits against
employers.
5. Anti-Discrimination Laws
Title VII of the Civil Rights Act of 1964: The Act prohibits
discrimination based on race, color, religion, sex or national origin. Sex
includes pregnancy, childbirth or related medical conditions.
The Equal Pay Act amended the Fair Labor Standards Act in 1963,
prohibits employers and unions from paying different wages based on
the employee's sex.
The Age Discrimination in Employment Act (ADEA) prohibits
employers from discriminating on the basis of age, protects employees
over the age of 40 from discrimination, explicit guidelines for benefit,
pension, and retirement plans.
6. Continued….
The Uniform Services Employment & Reemployment Rights
Act (USERRA), prevents any employer from discriminating
against a employee based on that employee's military service.
The Rehabilitation Act's aims to "promote and expand
employment opportunities in the public and private sectors for
handicapped individuals,"
The Black Lung Act prohibits discrimination by mine operators
against miners who suffer from "black lung" (pneumoconiosis).
7. THE IMPORTANCE OF EQUAL
EMPLOYMENT
Important of equal employment practices
for individuals:
Establishing a baseline for acceptable
behavior.
Feeling of Fairly and Equal
Treatment.
Involves a person’s mental mindset
and sense of personal worth and well-
being.
Important of equal employment practices for
organizations:
• attracting qualified and dedicated
candidates
• is EEO compliant decreases the chances of
facing a discrimination or wrongful
discharge lawsuit.
• increases organizational productivity and
creativity
8. Legal Ramifications of Unequal
Employment Practices
There are many legal consequences associated with violating an
antidiscrimination law.
If an employee feels he or she has been treated unfairly, the individual can
file a complaint with the EEOC.
The EEOC protects employees against both types of discrimination.
9. Important Indian laws on employee and
workplace discrimination
Article 15 prohibits the state from discriminating on the grounds of religion,
race, caste, sex and place of birth in various day-to-day activities.
Article 15 also provides that the state can make special reservation for
women and socially and educationally backward classes of citizens including
scheduled castes/tribes in educational institutions.
Article 16 empowers the state to make reservations with respect to
appointment for posts in favor of any backward classes of citizens if the state
is of the opinion that such classes are under-privileged.
10. The Equal Remuneration Act, 1976 (ERA), addresses employee discrimination issues
with respect to recruitment, wages, work transfers and promotion i.e. payment of
equal remuneration to men and women workers, for same work or work of similar.
(Section 5)
Persons with Disabilities Act,1995 (‘PWD Act’), passed to provide equal
opportunities in education, employment, social security and an unbiased atmosphere
for the disabled. (Section 47)
Industrial Disputes Act, 1947 (IDA), prohibits commission of unfair labour
practices.
Continued..
11. Continued…
Industrial Employment Standing Orders Act, 1946 (IESOA) prescribe
standardized orders for certain industrial establishments, seeks to ensure
that all the workers are made aware of the standing orders and are
adhered to by the employer in the interest of fair industrial practices.
Maternity Benefits Act, 1961 (MBA) was enacted with respect to
employment of pregnant women in establishments and to provide for
maternity and related benefits.
14. Conclusion
An environment of Equal Employment Opportunity entails the exercise
of fairness in recruitment, selection, retention, promotion, access to
information, benefits, services, rewards, and payment.
An organization that offers equal employment opportunities is more
attractive to job seekers and is therefore able to attract, motivate and
retain top talent.